AuthorTitleCitationSummaryYearKey Terms
Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS 37 Ga. St. U. L. Rev. 1405 [Georgia State University Law Review] (Summer, 2021) The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... 2021  
Julia E. Paranyuk LESSONS FROM THE MILITARY ON REFORMING POLICE DISCIPLINE 96 N.Y.U. L. Rev. 1675 [New York University Law Review] (November, 2021) In recent years, there has been significant public debate concerning policing in the United States. Current events and recurring instances of police brutality have drawn attention to police misconduct and reinvigorated calls for systemic reforms to policing and police discipline. While there is a growing consensus in the United States among... 2021  
Raymond H. Brescia LESSONS FROM THE PRESENT: THREE CRISES AND THEIR POTENTIAL IMPACT ON THE LEGAL PROFESSION 49 Hofstra L. Rev. 607 [Hofstra Law Review] (Spring, 2021) The United States faces three simultaneous crises: a pandemic, a civil rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic--though potentially temporary--changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such... 2021  
  LOR/WH REPORT LETTER LETTER NO. 1278 ISSUE NO. 2183 Labor & Empl. L. 1601116 [Labor & Employment Law] (2021) Medical imaging company violated NLRA by refusing to bargain Media-contact provision in Tesla confidentiality agreement unlawfully barred employee contact with media Winery violated NLRA by banning employee's Cellar Lives Matter vest Employer went through the motions of collective bargaining, but had no real intention of reaching... 2021  
  Marjorie Taylor Greene introduces bill to award Congressional Gold Medal to Rittenhouse (11/24/2021) Rep. Marjorie Taylor Greene (R-Ga.) introduced a bill on Tuesday to award Kyle Rittenhouse the Congressional Gold Medal for protecting the community of Kenosha 2021  
Russell K. Robinson MAYOR PETE, OBERGEFELL GAYS, AND WHITE MALE PRIVILEGE 69 Buff. L. Rev. 295 [Buffalo Law Review] (April, 2021) 296 Introduction. 296 I. Challenging Anti-Gay Stereotypes. 303 II. Is Pete Gay Enough?. 309 III. Pete as a Symbol of Respectability Politics. 316 A. An Examination of Racialized Respectability Politics in the Don't Ask, Don't Tell and Marriage Equality Movements. 317 B. Analyzing Buttigieg's Candidacy as the Embodiment of the Gay and... 2021  
  MCDONALD'S CORP. SEC No Action Ltrs. WSB File No. 0329202120 [SEC No Action Letters] (2021) WSB File No. 0329202120 WSB Subject Category: 77 Public Availability Date: March 26, 2021. Prepared By: Gibson Dunn References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 18, 2021 VIA E-MAIL Office of Chief Counsel Division of Corporation Finance Securities... 2021  
  Menendez rips Johnson as 'racist' over Capitol riot remark (3/16/2021) Sen. Bob Menendez (D-N.J.) slammed GOP Sen. Ron Johnson's (Wis.) recent remarks on the Jan. 6 Capitol riot, calling them hurtful 2021  
Edward Lee MODERATING CONTENT MODERATION: A FRAMEWORK FOR NONPARTISANSHIP IN ONLINE GOVERNANCE 70 Am. U. L. Rev. 913 [American University Law Review] (February, 2021) Internet platforms serve two important roles that often conflict. Facebook, Twitter, YouTube, and other internet platforms facilitate the unfettered exchange of free speech by millions of people, yet they also moderate or restrict the speech according to their community standards, such as prohibitions against hate speech and advocating violence,... 2021  
Amna A. Akbar, Sameer M. Ashar, Jocelyn Simonson MOVEMENT LAW 73 Stan. L. Rev. 821 [Stanford Law Review] (April, 2021) In this Article we make the case for movement law, an approach to legal scholarship grounded in solidarity, accountability, and engagement with grassroots organizing and left social movements. In contrast to law and social movements--a field that studies the relationship between lawyers, legal process, and social change--movement law... 2021  
Brooke Simone MUNICIPAL REPARATIONS: CONSIDERATIONS AND CONSTITUTIONALITY 120 Mich. L. Rev. 345 [Michigan Law Review] (November, 2021) Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations... 2021  
Jan L. Jacobowitz NEGATIVE COMMENTARY--NEGATIVE CONSEQUENCES: LEGAL ETHICS, SOCIAL MEDIA, AND THE IMPACT OF EXPLOSIVE COMMENTARY 11 St. Mary's J. Legal Mal. & Ethics 312 [St. Mary's Journal on Legal Malpractice & Ethics] (2021) Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only... 2021  
Jan L. Jacobowitz NEGATIVE COMMENTARY--NEGATIVE CONSEQUENCES: LEGAL ETHICS, SOCIAL MEDIA, AND THE IMPACT OF EXPLOSIVE COMMENTARY 11 St. Mary's J. Legal Mal. & Ethics 312 [St. Mary's Journal on Legal Malpractice & Ethics] (2021) Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only... 2021  
  NETFLIX, INC. SEC No Action Ltrs. WSB File No. 0412202114 [SEC No Action Letters] (2021) WSB File No. 0412202114 WSB Subject Category: 77 Public Availability Date: April 9, 2021. Prepared By: Skadden Arps References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ BY EMAIL (shareholderproposals@sec.gov) January 26, 2021 U.S. Securities and Exchange Commission... 2021  
Alexander Reinert, Joanna C. Schwartz, James E. Pfander NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT 116 Nw. U. L. Rev. 737 [Northwestern University Law Review] (2021) Abstract--Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines... 2021  
Alexander Reinert, Joanna C. Schwartz, James E. Pfander NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT 116 Nw. U. L. Rev. 737 [Northwestern University Law Review] (2021) Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines... 2021  
Marsha Levick NO EXIT: HOW LITIGATION FAILED INCARCERATED YOUTH DURING THE COVID-19 PANDEMIC 93 Temp. L. Rev. 489 [Temple Law Review] (Spring, 2021) As the COVID-19 pandemic swept across the nation, hundreds of thousands of incarcerated individuals, including tens of thousands of youth, were trapped in highly contagious, congregate care correctional facilities that exponentially increased their risk of infection. Incarcerated youth were cut off from family and denied essential, often... 2021  
Chinyere Ezie NOT YOUR MULE? DISRUPTING THE POLITICAL POWERLESSNESS OF BLACK WOMEN VOTERS 92 U. Colo. L. Rev. 659 [University of Colorado Law Review] (Summer, 2021) On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's... 2021  
Pamela S. Katz NOW SOMETHING FOR THE GLASS HALF-EMPTY CROWD: BOSTOCK v. CLAYTON COUNTY, GEORGIA EXPLAINED 30 Tul. J. L. & Sexuality 53 [Tulane Journal of Law & Sexuality] (2021) I. Introduction. 53 II. Definition of Terms. 55 III. The Decision in Bostock Created some Lasting Problems for Equality Jurisprudence. 61 A. Conflating and Confusing Gender Identity and Sexual Orientation. 62 B. Undermining Efforts to Advance Understanding and Recognition of Gender Identity in All Its Complexity. 66 C. Widening the Frame and Losing... 2021  
Pamela S. Katz NOW SOMETHING FOR THE GLASS HALF-EMPTY CROWD: BOSTOCK v. CLAYTON COUNTY, GEORGIA EXPLAINED 30 Tul. J. L. & Sexuality 53 [Tulane Journal of Law & Sexuality] (2021) I. Introduction. 53 II. Definition of Terms. 55 III. The Decision in Bostock Created some Lasting Problems for Equality Jurisprudence. 61 A. Conflating and Confusing Gender Identity and Sexual Orientation. 62 B. Undermining Efforts to Advance Understanding and Recognition of Gender Identity in All Its Complexity. 66 C. Widening the Frame and Losing... 2021  
Praveen Kosuri, Lynnise Pantin NOWHERE TO RUN TO, NOWHERE TO HIDE 28 Clinical L. Rev. 199 [Clinical Law Review] (Fall, 2021) As the COVID-19 global pandemic ravaged the United States, exacerbating the country's existing racial disparities, Black and brown small business owners navigated unprecedented obstacles to stay afloat. Adding even more hardship and challenges, the United States also engaged in a nationwide racial reckoning in the wake of the murder of George Floyd... 2021  
Christian Sundquist PANDEMIC POLICING 37 Ga. St. U. L. Rev. 1339 [Georgia State University Law Review] (Summer, 2021) C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 2021  
Angela C. Carmella PANDEMIC, PROTEST, AND COMMEMORATION: SACRED CIVIC EXPRESSION IN TIMES OF NATIONAL GRIEF 22 Rutgers J. L. & Religion 20 [Rutgers Journal of Law & Religion] (2021) At the service of remembrance on the eve of his inauguration, President Biden said, To heal, we must remember. Our public mourning in times like these, filled with staggering numbers of pandemic deaths and shocking numbers of racial killings, indeed involves remembering the many lives lost. We are in the midst of the cultural task of... 2021  
Angela C. Carmella PANDEMIC, PROTEST, AND COMMEMORATION: SACRED CIVIC EXPRESSION IN TIMES OF NATIONAL GRIEF 22 Rutgers J. L. & Religion 20 [Rutgers Journal of Law & Religion] (2021) At the service of remembrance on the eve of his inauguration, President Biden said, To heal, we must remember. Our public mourning in times like these, filled with staggering numbers of pandemic deaths and shocking numbers of racial killings, indeed involves remembering the many lives lost. We are in the midst of the cultural task of... 2021  
Julia Tedesco PARADOX IN PRACTICE: A RECKONING OF THE COMMON LAW'S ANTIQUATED, PREJUDICED FELONY MURDER RULE 45 Fordham Int'l L.J. 211 [Fordham International Law Journal] (October, 2021) I. INTRODUCTION. 212 II. THE GLOBAL RISE AND FALL OF FELONY MURDER. 218 A. Felony Murder's Confusing Nature: Uncertainty of Its Scope in the United Kingdom. 220 B. The Canadian Charter and Constructive Murder: A Supreme Court Segue. 223 III. ISSUES WITH FELONY MURDER IN THE UNITED STATES. 226 A. Unjust Justice: Eliminating Disproportionality Issues... 2021  
  PERSPECTIVES ON THE PRACTICE OF LAW IN ARKANSAS: THE EXPERIENCE OF THE AFRICAN-AMERICAN LAWYER 56-WTR Ark. Law. 14 [Arkansas Lawyer] (Winter, 2021) During the summer of 2020, The Arkansas Lawyer's editorial board considered how to bring into focus for Arkansas lawyers the issues underlying the protests following the deaths of George Floyd, Breonna Taylor and others. The panel discussion that follows is the result of that initiative. The editorial board sought panelists with different... 2021  
Daniel S. McConkie, Jr. PLEA BARGAINING FOR THE PEOPLE 104 Marq. L. Rev. 1031 [Marquette Law Review] (Summer, 2021) Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its... 2021  
Kate Levine POLICE PROSECUTIONS AND PUNITIVE INSTINCTS 98 Wash. U. L. Rev. 997 [Washington University Law Review] (2021) This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time,... 2021  
Kate Levine POLICE PROSECUTIONS AND PUNITIVE INSTINCTS 98 Wash. U. L. Rev. 997 [Washington University Law Review] (2021) This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time,... 2021  
Jocelyn Simonson POLICE REFORM THROUGH A POWER LENS 130 Yale L.J. 778 [Yale Law Journal] (February, 2021) Scholars and reformers have in recent years begun to imagine new and different configurations for how the state can design policing institutions. These conversations have increased in volume and urgency in response to the 2020 national uprising against police violence, when radical demands born within social movements have gained... 2021  
Aya Gruber POLICING AND "BLUELINING" 58 Hous. L. Rev. 867 [Houston Law Review] (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021  
Aya Gruber POLICING AND "BLUELINING" 58 Hous. L. Rev. 867 [Houston Law Review] (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021  
Phil Lord PORNHUB: OPENING THE FLOODGATES? 11 HLRe 54 [Houston Law Review: Off the Record] (Spring, 2021) Pornhub is facing an existential crisis. Over the next months and perhaps even years, Pornhub will face an unprecedented level of scrutiny. This is Pornhub's moment: its first major foray onto the public scene. However it ends, this crisis will be a decisive moment for the company. Although the crisis is largely of its own making, Pornhub is not... 2021  
Erica Braudy , Kim Hawkins POWER AND POSSIBILITY IN THE ERA OF RIGHT TO COUNSEL, ROBUST RENT LAWS & COVID-19 (28 Geo. J. on Poverty L. & Pol'y 117 [Georgetown Journal on Poverty Law and Policy]) (Winter, 2021) New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of... 2021  
Mirko Bagaric, Dan Hunter, Jennifer Svilar PRISON ABOLITION: FROM NAÏVE IDEALISM TO TECHNOLOGICAL PRAGMATISM 111 J. Crim. L. & Criminology 351 [Journal of Criminal Law and Criminology] (Spring, 2021) The United States is finally recoiling from the mass incarceration crisis that has plagued it for half a century. The world's largest incarcerator has seen a small drop in prison numbers since 2008. However, the rate of decline is so slow that it would take half a century for incarceration numbers to reduce to historical levels. Further, the drop... 2021  
Nerenda N. Atako PRIVACY BEYOND POSSESSION: SOLVING THE ACCESS CONUNDRUM IN DIGITAL DOLLARS 23 Vand. J. Ent. & Tech. L. 821 [Vanderbilt Journal of Entertainment and Technology Law] (Summer, 2021) The advent of a retail central bank digital currency (CBDC) could reshape the US payments system. A retail CBDC would be a digital representation of the US dollar in the form of an account or token that is widely accessible to the general public. It would be a third form of US fiat money that is created and issued by the Federal Reserve and... 2021  
Cary Martin Shelby PROFITING FROM OUR PAIN: PRIVILEGED ACCESS TO SOCIAL IMPACT INVESTING 109 Calif. L. Rev. 1261 [California Law Review] (August, 2021) Social impacting investing has become the latest trend to permeate the financial markets. With massive anticipated funding gaps for sustainable development goals, and a millennial-driven thirst for doing good while doing well, this trend is likely to continue in the coming decades. This burgeoning industry is poised to experience yet an additional... 2021  
Alexandria McKenna Lundberg PROSECUTING BRIDE KIDNAPPING: THE LAW ISN'T ENOUGH; ALIGNING CULTURAL NORMS WITH THE LAW 53 Case W. Res. J. Int'l L. 475 [Case Western Reserve Journal of International Law] (Spring, 2021) The struggle between cultural and legal norms suggests that more than a change in law is necessary to change cultural practices. If law enforcement is not influenced by existing cultural norms, the law may have little effect in prosecuting bride kidnapping. This Note, focusing on Kyrgyzstan, argues that current legal responses to bride kidnapping... 2021  
  QUALIFIED IMMUNITY--OBVIOUSNESS STANDARD-- TAYLOR v. RIOJAS 135 Harv. L. Rev. 421 [Harvard Law Review] (November, 2021) Qualified immunity protects government officers from being sued for damages unless they have violated clearly established law. Following the high-profile police killings of spring 2020, more eyes have turned to holding officers accountable and the ways in which legal doctrines like qualified immunity prevent that from happening. Qualified... 2021  
Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick RACE AND GENDER AND POLICING 21 Nev. L.J. 885 [Nevada Law Journal] (Spring, 2021) C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... 2021  
Shaun L. Gabbidon, Ph.D. RACE, CRIME, AND THE LAW: A SOCIOHISTORICAL ANALYSIS 47 Ohio N.U. L. Rev. 585 [Ohio Northern University Law Review] (2021) I have been researching and teaching the topic of race and crime for more than twenty-five years. During this period, a few things have become increasingly clear: First, students and the general public are woefully ignorant of the historical and significant role racism plays in criminal justice system outcomes. Second, students and the general... 2021  
Shaun L. Gabbidon, Ph.D. RACE, CRIME, AND THE LAW: A SOCIOHISTORICAL ANALYSIS 47 Ohio N.U. L. Rev. 585 [Ohio Northern University Law Review] (2021) I have been researching and teaching the topic of race and crime for more than twenty-five years. During this period, a few things have become increasingly clear: First, students and the general public are woefully ignorant of the historical and significant role racism plays in criminal justice system outcomes. Second, students and the general... 2021  
Joshua S. Sellers RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY 169 U. PA. L. Rev. Online 167 [University of Pennsylvania Law Review Online] (2021) Introduction. 167 I. The Range of Racial Reforms. 170 II. Law of Democracy Scholarship and Black Equity. 176 Conclusion. 185 2021  
Joshua S. Sellers RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY 169 U. PA. L. Rev. Online 167 [University of Pennsylvania Law Review Online] (2021) Introduction. 167 I. The Range of Racial Reforms. 170 II. Law of Democracy Scholarship and Black Equity. 176 Conclusion. 185 2021  
Melissa Murray RACE-ING ROE: REPRODUCTIVE JUSTICE, RACIAL JUSTICE, AND THE BATTLE FOR ROE v. WADE 134 Harv. L. Rev. 2025 [Harvard Law Review] (April, 2021) C1-2CONTENTS Introduction. 2027 I. Race and Reproduction Before and After Roe. 2031 A. Race-ing Reproduction: From Slavery to the Birth Control Movement. 2033 1. Slavery and Reproduction. 2033 2. The Racial Politics of Abortion Criminalization. 2034 3. The Racial Politics of the Eugenics Movement. 2036 4. Race, Eugenics, and the Birth Control... 2021  
Yu Du RACIAL BIAS STILL EXISTS IN CRIMINAL JUSTICE SYSTEM? A REVIEW OF RECENT EMPIRICAL RESEARCH 37 Touro L. Rev. 79 [Touro Law Review] (2021) The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit... 2021  
Yu Du RACIAL BIAS STILL EXISTS IN CRIMINAL JUSTICE SYSTEM? A REVIEW OF RECENT EMPIRICAL RESEARCH 37 Touro L. Rev. 79 [Touro Law Review] (2021) The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit... 2021  
Eldar Haber RACIAL RECOGNITION 43 Cardozo L. Rev. 71 [Cardozo Law Review] (October, 2021) C1-2Table of Contents Introduction. 72 I. Technology's Growing Role in Criminal Enforcement. 75 A. Criminal Enforcement and Technological Innovation. 75 B. Biometrics, Recognition Technology, and Criminal Enforcement. 79 II. Racial Recognition Threats. 89 A. Bias and Racism Within Recognition Technology. 89 B. Racial Recognition Within Criminal... 2021  
I. India Thusi REALITY PORN 96 N.Y.U. L. Rev. 738 [New York University Law Review] (June, 2021) Prostitution is illegal while pornography is constitutionally protected. Modern technology, however, is complicating the relationship between prostitution and pornography. Recent technological advances make the creation and distribution of recorded material more accessible. Within our smart phones we carry agile distribution networks as well as the... 2021  
John Taschner RECAPTURING DEMOCRACY: COVID-19 AND THE 2020 PRESIDENTIAL ELECTION 48 Hastings Const. L.Q. 461 [Hastings Constitutional Law Quarterly] (Spring, 2021) There is a way to reach out [across partisan divide] and not be a sap. There is a way of consistently offering the possibility of cooperation. - Barack Obama America is in the business of selling and maintaining democracy around the world. Through aid, provision, humanitarian relief, guidance, and forcible action if need be, the United States... 2021  
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