| Author | Title | Citation | Summary | Year | Key Terms |
| Jasmine E. Harris |
RECKONING WITH RACE AND DISABILITY |
130 Yale L.J. Forum 916 [Yale Law Journal Forum] (6/30/2021) |
Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient sociopolitical issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely... |
2021 |
|
| Erika George , Jena Martin , Tara Van Ho |
RECKONING: A DIALOGUE ABOUT RACISM, ANTIRACISTS, AND BUSINESS & HUMAN RIGHTS |
30 Wash. Int'l L.J. 171 [Washington International Law Journal] (March, 2021) |
Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights.... |
2021 |
|
| Timothy Casey |
REFLECTIONS ON LEGAL EDUCATION IN THE AFTERMATH OF A PANDEMIC |
28 Clinical L. Rev. 85 [Clinical Law Review] (Fall, 2021) |
This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more... |
2021 |
|
| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
39 Minn. J. L. & Ineq. 511 [Minnesota Journal of Law & Inequality] (2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
|
| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
39 Minn. J. L. & Ineq. 511 [Minnesota Journal of Law & Inequality] (2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
|
| JLI Vol. 39 Editorial Board |
REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC |
47 Mitchell Hamline L. Rev. 138 [Mitchell Hamline Law Review] (November, 2021) |
(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... |
2021 |
|
| Yeva Mikaelyan |
REIMAGINING CONTENT MODERATION: SECTION 230 AND THE PATH TO INDUSTRY-GOVERNMENT COOPERATION |
41 Loy. L.A. Ent. L. Rev. 179 [Loyola of Los Angeles Entertainment Law Review] (2020-2021) |
In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer,... |
2021 |
|
| Yeva Mikaelyan |
REIMAGINING CONTENT MODERATION: SECTION 230 AND THE PATH TO INDUSTRY-GOVERNMENT COOPERATION |
41 Loy. L.A. Ent. L. Rev. 179 [Loyola of Los Angeles Entertainment Law Review] (2020-2021) |
In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer,... |
2021 |
|
| Henry J. Richardson III |
RESCUING HUMAN RIGHTS: A RADICALLY MODERATE APPROACH. BY HURST HANNUM. CAMBRIDGE, UK: CAMBRIDGE UNIVERSITY PRESS, 2019. PP. XX, 223. INDEX |
115 Am. J. Int'l L. 154 [American Journal of International Law] (January, 2021) |
Rescuing Human Rights: A Radically Moderate Approach (Rescuing) was published shortly before the outbreak in 2020 of the novel coronavirus and its myriad human rights and class issues regarding equality, discrimination, health, and labor rights of people of color. This was also prior to the concurrent public murder of George Floyd as an unarmed... |
2021 |
|
| Jonathan Andrew Perez |
RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM |
24 J. Gender Race & Just. 87 [Journal of Gender, Race and Justice] (Spring, 2021) |
I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... |
2021 |
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| |
Ron Johnson faces criticism over 'racist' remarks about Capitol riot |
(3/14/2021) |
Sen. Ron Johnson (R-Wis.) is facing criticism for remarks about the Jan. 6 attack on the U.S. Capitol that at least one lawmaker in his home state called racist."" |
2021 |
|
| Christian M. Velez-Vargas, Angela C. Carmella |
RUTGERS JOURNAL OF LAW & RELIGION THIRTEENTH ANNUAL DONALD C. CLARK, JR. SYMPOSIUM ZOOM CONFERENCE CALL |
22 Rutgers J. L. & Religion 1 [Rutgers Journal of Law & Religion] (2021) |
Christian M. Velez-Vargas (Editor-in-Chief) Angela C. Carmella (Professor of Law, Seton Hall University School of Law) Transcript April 13, 2021 at 6:03 PM EST MR. VELEZ-VARGAS: Good evening and welcome to the 13th Annual Donald C. Clark, Jr. Program in Law & Religion. My name is Christian Velez-Vargas, and I am the Editor-in-Chief for the Rutgers... |
2021 |
|
| Christian M. Velez-Vargas, Angela C. Carmella |
RUTGERS JOURNAL OF LAW & RELIGION THIRTEENTH ANNUAL DONALD C. CLARK, JR. SYMPOSIUM ZOOM CONFERENCE CALL |
22 Rutgers J. L. & Religion 1 [Rutgers Journal of Law & Religion] (2021) |
Christian M. Velez-Vargas (Editor-in-Chief) Angela C. Carmella (Professor of Law, Seton Hall University School of Law) Transcript April 13, 2021 at 6:03 PM EST MR. VELEZ-VARGAS: Good evening and welcome to the 13th Annual Donald C. Clark, Jr. Program in Law & Religion. My name is Christian Velez-Vargas, and I am the Editor-in-Chief for the Rutgers... |
2021 |
|
| Dr. Mary O'Rawe |
SAFETY INSIDE AND OUT: WHY INTERNATIONAL HUMAN RIGHTS STANDARDS FAIL TO CURB THE WORST EXCESSES OF POLICE POLICIES AND PRACTICES |
49 Ga. J. Int'l & Comp. L. 307 [Georgia Journal of International and Comparative Law] (Spring, 2021) |
C1-2Table of Contents I. Introduction. 308 II. Conclusion. 320 |
2021 |
|
| Jeanelly Nuñez |
SCANNING FOR BIAS: A NEUROSCIENTIFIC RESPONSE TO POLICING WITH IMPLICIT BIAS |
27 Cardozo J. Equal Rts. & Soc. Just. 295 [Cardozo Journal of Equal Rights & Social Justice] (Spring, 2021) |
C1-2Table of Contents I. Introduction. 296 II. Numbers Do Not Lie--Statistical Data on Racial Disparities. 298 A. Am I Next? Likelihood that Victims to Fatal Police Violence are Men of Color. 298 B. Examining Drug Arrest Numbers for Minorities Compared to White People. 299 C. Driving While Black and Terry v. Ohio. 300 D. Minorites Make Up the... |
2021 |
|
| Thalia González , Emma Kaeser |
SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE |
74 SMU L. Rev. Forum 118 [SMU Law Review Forum] (August, 2021) |
Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... |
2021 |
|
| Noah C. Chauvin |
SHADOWBOXING WITH FREE SPEECH PRINCIPLES: AGAINST FREE SPEECH. BY ANTHONY LEAKER. LANHAM, M.D.: ROWMAN & LITTLEFIELD PUBLISHERS. 2020. PP. 128. PAPERBACK. $19.95 |
73 S.C. L. Rev. 175 [South Carolina Law Review] (Autumn, 2021) |
I. Introduction. 175 II. The Book. 176 III. The Critique. 180 IV. Conclusion. 188 |
2021 |
|
| Trust Kupupika |
SHAPING OUR FREEDOM DREAMS: RECLAIMING INTERSECTIONALITY THROUGH BLACK FEMINIST LEGAL THEORY |
107 Va. L. Rev. Online 27 [Virginia Law Review Online] (January, 2021) |
Black feminist legal theory has offered the tool of intersectionality to modern feminist movements to help combat interlocking systems of oppression. Despite this tremendous offering, intersectionality has become wholly divorced from its Black feminist origins. This is significant because without a deep engagement with Black feminist legal theory,... |
2021 |
|
| Raymond H. Brescia |
SOCIAL CHANGE AND THE ASSOCIATIONAL SELF: PROTECTING THE INTEGRITY OF IDENTITY AND DEMOCRACY IN THE DIGITAL AGE |
125 Penn St. L. Rev. 773 [Penn State Law Review] (Spring, 2021) |
Our individual and collective identity is reflected in our desires, our affiliations, our political choices, and the social movements in which we participate. This identity plays a central role in the enterprise of collective meaning-making, the realization of self-determination, the creation of social capital and societal trust, and the bringing... |
2021 |
|
| Charles J. Reid Jr. |
SOVEREIGNTY IN A GLOBALIZING, FRAGMENTING WORLD |
17 U. St. Thomas L.J. 481 [University of Saint Thomas Law Journal] (Fall, 2021) |
It was already clear in the summer and fall of 2019, when planning for this symposium commenced, that the world order was facing strains not seen since perhaps some of the darker moments of the Cold War. It was also apparent that the fault lines along which these strains moved fit beneath three rubrics: sovereignty, globalizing (or globalization),... |
2021 |
|
| Dallan F. Flake |
SPECTATOR HARASSMENT |
56 Wake Forest L. Rev. 441 [Wake Forest Law Review] (2021) |
Instances of spectators harassing professional athletes because of their race, color, religion, sex, or national origin are well documented. This is not a new problem, but it is becoming worse in this age of emboldened bigotry. Fans are sometimes punished for such behavior, as are players who retaliate in response. Meanwhile, the teams and leagues... |
2021 |
|
| Dallan F. Flake |
SPECTATOR HARASSMENT |
56 Wake Forest L. Rev. 441 [Wake Forest Law Review] (2021) |
Instances of spectators harassing professional athletes because of their race, color, religion, sex, or national origin are well documented. This is not a new problem, but it is becoming worse in this age of emboldened bigotry. Fans are sometimes punished for such behavior, as are players who retaliate in response. Meanwhile, the teams and leagues... |
2021 |
|
| |
SYMPOSIUM TRANSCRIPT |
33 St. Thomas L. Rev. 107 [Saint Thomas Law Review] (Spring, 2021) |
The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law. Daniel Gabuardi: Good morning everyone, and welcome to the St. Thomas Law Review Symposium on Race and Policing in America. My name is Daniel Gabuardi, I am the Law Review Article Solicitation Editor and Host... |
2021 |
|
| Jalila Jefferson-Bullock, Jelani Jefferson Exum |
THAT IS ENOUGH PUNISHMENT: SITUATING DEFUNDING THE POLICE WITHIN ANTIRACIST SENTENCING REFORM |
48 Fordham Urb. L.J. 625 [Fordham Urban Law Journal] (March, 2021) |
Introduction: Understanding Calls to Defund the Police. 626 I. Policing in the United States: Systemic Racism, Racial Trauma, and the Need to Rebuild Democracy. 631 A. U.S. Policing Is Systemically Racist. 632 i. The Racist Roots of Policing. 632 ii. Police Funding Is Systemically Racist. 633 B. Policing and Racial Trauma. 636 i. Background... |
2021 |
|
| Osamudia James |
THE "INNOCENCE" OF BIAS |
119 Mich. L. Rev. 1345 [Michigan Law Review] (April, 2021) |
Biased: Uncovering the Hidden Prejudice that Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York: Viking. 2019. Pp. 340. Cloth, $28; paper, $18. It's simple to explain, but not so easy to see or to rectify. --Eberhardt, p. 279. If multiculturalism was central to the progressive zeitgeist of the 1990s, unconscious bias was the same... |
2021 |
|
| David Schultz |
THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA |
39 Minn. J. L. & Ineq. 571 [Minnesota Journal of Law & Inequality] (2021) |
The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... |
2021 |
|
| David Schultz |
THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA |
39 Minn. J. L. & Ineq. 571 [Minnesota Journal of Law & Inequality] (2021) |
The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... |
2021 |
|
| David Schultz |
THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA |
47 Mitchell Hamline L. Rev. 203 [Mitchell Hamline Law Review] (November, 2021) |
The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... |
2021 |
|
| Carla F. Fredericks |
THE (INDIGENOUS) CASE FOR SHAREHOLDER PRIMACY AND ITS ROLE IN CLIMATE JUSTICE |
134 Harv. L. Rev. F. 340 [Harvard Law Review Forum] (April, 2021) |
In 1970, Milton Friedman published his now-infamous essay, arguing that the purpose of a corporation is to produce value for its investors. Articulating what is now known as the Friedman doctrine, or shareholder primacy, his essay argued that companies do not have social responsibilities to the public; instead, the responsibility of a company is to... |
2021 |
|
| Fady. J.G. Aoun |
THE BELATED AWAKENING OF THE PUBLIC SPHERE TO RACIST BRANDING AND RACIST STEREOTYPES IN TRADEMARKS |
61 IDEA: L. Rev. Franklin Pierce Center for Intell. Prop. 545 [IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property] (2021) |
*Readers are advised that this Article contains highly offensive, demeaning, and derogatory representations of Indigenous Australians, Native Americans, Black and ethnic minorities. While these may cause serious offense, they have been included here to provide a more accurate account of the racist trademarks and racist branding circulating in... |
2021 |
|
| Fady. J.G. Aoun |
THE BELATED AWAKENING OF THE PUBLIC SPHERE TO RACIST BRANDING AND RACIST STEREOTYPES IN TRADEMARKS |
61 IDEA: L. Rev. Franklin Pierce Center for Intell. Prop. 545 [IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property] (2021) |
*Readers are advised that this Article contains highly offensive, demeaning, and derogatory representations of Indigenous Australians, Native Americans, Black and ethnic minorities. While these may cause serious offense, they have been included here to provide a more accurate account of the racist trademarks and racist branding circulating in... |
2021 |
|
| Shelley Welton |
THE BOUNDS OF ENERGY LAW |
62 B.C. L. Rev. 2339 [Boston College Law Review] (October, 2021) |
Introduction. 2341 I. A Materialist Account of the Field and Its Failings. 2347 A. New Energy Sources and Uses Emerge: 1850-1930. 2348 B. New Deal Legal Gap-Filling and the Mid-Century Détente: 1930-1970. 2353 C. The (Partial) Collapse of the Consensus: 1970-2000. 2357 D. 1990s--2020: Energy Law Meets Climate Change, First Generation. 2361 II. The... |
2021 |
|
| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 Calif. L. Rev. 1959 [California Law Review] (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
|
| Robert M. Bloom , Nina Labovich |
THE CHALLENGE OF DETERRING BAD POLICE BEHAVIOR: IMPLEMENTING REFORMS THAT HOLD POLICE ACCOUNTABLE |
71 Case W. Res. L. Rev. 923 [Case Western Reserve Law Review] (Spring, 2021) |
Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary; however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines... |
2021 |
|
| Timothy Zick |
THE COSTS OF DISSENT: PROTEST AND CIVIL LIABILITIES |
89 Geo. Wash. L. Rev. 233 [George Washington Law Review] (March, 2021) |
This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest... |
2021 |
|
| Sara E. Yates |
THE DIGITIZATION OF THE CARCERAL STATE: THE TROUBLING NARRATIVE AROUND POLICE USAGE OF FACIAL RECOGNITION TECHNOLOGY |
19 Colo. Tech. L.J. 483 [Colorado Technology Law Journal] (Summer, 2021) |
The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse This Note applies a racial social control frame to the problem of facial recognition technology (FRT), showing how this technology may entrench preexisting inequalities and disparate treatment of people of color by law enforcement. Police usage of FRT... |
2021 |
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| Maryam Jamshidi |
THE DISCRIMINATORY EXECUTIVE AND THE RULE OF LAW |
92 U. Colo. L. Rev. 77 [University of Colorado Law Review] (Winter, 2021) |
Today, the executive enjoys unprecedented power, particularly in the area of national security. By and large, this authority is not meaningfully restrained by Congress or the courts. However, some scholars argue that the presidency is still kept in check by the rule of law and politics. According to this view, substantive and procedural laws and... |
2021 |
|
| Janel A. George |
THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION |
22 Rutgers Race & L. Rev. 189 [Rutgers Race & the Law Review] (2021) |
Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... |
2021 |
|
| Janel A. George |
THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION |
22 Rutgers Race & L. Rev. 189 [Rutgers Race & the Law Review] (2021) |
Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... |
2021 |
|
| Andrew Lanham |
THE GEOPOLITICS OF AMERICAN POLICING |
119 Mich. L. Rev. 1411 [Michigan Law Review] (April, 2021) |
Badges Without Borders: How Global Counterinsurgency Transformed American Policing. By Stuart Schrader. Oakland: University of California Press. 2019. Pp. xi, 393. Cloth, $85; paper, $29.95 On July 9, 2016, Jonathan Bachman, a freelance photographer for Reuters, snapped a photograph of Ieshia Evans, a nurse from Pennsylvania, as she confronted the... |
2021 |
|
| Tatiana Hyman |
THE HARMS OF RACIST ONLINE HATE SPEECH IN THE POST-COVID WORKING WORLD: EXPANDING EMPLOYEE PROTECTIONS |
89 Fordham L. Rev. 1553 [Fordham Law Review] (March, 2021) |
In one year, the COVID-19 pandemic and egregious incidents of racial violence have created significant shifts in the United States's workplace culture and social climate. Many employers are transitioning employees to long-term or permanent remote work, and conversations about racial justice are more pervasive and divisive, especially on social... |
2021 |
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| Zinaida Miller |
THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY |
52 Colum. Hum. Rts. L. Rev. 647 [Columbia Human Rights Law Review] (Winter, 2021) |
Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... |
2021 |
|
| Nadine Strossen |
THE INTERDEPENDENCE OF RACIAL JUSTICE AND FREE SPEECH FOR RACISTS |
1 J. Free Speech L. 51 [Journal of Free Speech Law] (2021) |
The ACLU is committed to the fundamental rights to equality and justice embodied in the Fourteenth Amendment and civil rights laws .. We are determined to fight racism in all its forms .. We are also firmly committed to fighting bigotry and oppression against other marginalized groups .. And the ACLU understands that speech that denigrates such... |
2021 |
|
| Nadine Strossen |
THE INTERDEPENDENCE OF RACIAL JUSTICE AND FREE SPEECH FOR RACISTS |
[Journal of Free Speech Law] (2021) |
The ACLU is committed to the fundamental rights to equality and justice embodied in the Fourteenth Amendment and civil rights laws .. We are determined to fight racism in all its forms .. We are also firmly committed to fighting bigotry and oppression against other marginalized groups .. And the ACLU understands that speech that denigrates such... |
2021 |
|
| Kenneth R. Davis |
THE INVISIBLE BAN: NEGLIGENT DISPARATE IMPACT |
70 Am. U. L. Rev. 1879 [American University Law Review] (August, 2021) |
Title VII provides two primary anti-discrimination theories: disparate treatment and disparate impact. Disparate-treatment law prohibits intentional employment discrimination against a member of a protected class. Disparate-impact law imposes strict liability on employers for using facially neutral employment practices that have a... |
2021 |
|
| Ion Meyn |
THE INVISIBLE RULES THAT GOVERN USE OF FORCE |
2021 Wis. L. Rev. 593 [Wisconsin Law Review] (2021) |
Police departments reject the idea that use of force can be governed by hard and fast rules. Under this rule-resistant view, using rules to regulate use of force would be dangerous and in practice impossible, as officers must retain broad discretion to respond to ever-changing conditions in the field. Despite the prevalence of this view, the... |
2021 |
|
| Ion Meyn |
THE INVISIBLE RULES THAT GOVERN USE OF FORCE |
2021 Wis. L. Rev. 593 [Wisconsin Law Review] (2021) |
Police departments reject the idea that use of force can be governed by hard and fast rules. Under this rule-resistant view, using rules to regulate use of force would be dangerous and in practice impossible, as officers must retain broad discretion to respond to ever-changing conditions in the field. Despite the prevalence of this view, the... |
2021 |
|
| Courtney Hinkle |
THE MODERN LIE DETECTOR: AI-POWERED AFFECT SCREENING AND THE EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA) |
109 Geo. L.J. 1201 [Georgetown Law Journal] (April, 2021) |
Predictive algorithms are increasingly being used to screen and sort the modern workforce. The delegation of hiring decisions to AI-powered software systems, however, will have a profound impact on the privacy of individuals. This Note builds on the foundational work of legal scholars studying the growing trend of algorithmic decisionmaking in... |
2021 |
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| Anthony Michael Kreis |
THE NEW REDEEMERS |
55 Ga. L. Rev. 1483 [Georgia Law Review] (Summer, 2021) |
This Article is about the long arc of a Second Redemption. A new life to the politics of racial grievance surfaced in the wake of a diversifying polity, a decline of rural power, and a Black man's rise to the American presidency. And that reinvigorated force was the linchpin of Donald Trump's ascendency to power. Trump was a part of a broader... |
2021 |
|
| Aaron Tang |
THE RADICAL-INCREMENTAL CHANGE DEBATE, RACIAL JUSTICE, AND THE POLITICAL ECONOMY OF TEACHERS' CHOICE |
169 U. PA. L. Rev. Online 186 [University of Pennsylvania Law Review Online] (2021) |
L1-2Introduction . L3186 I. Teachers, Schools, and (Suburban) Parents. 193 A. Teachers. 193 B. Schools. 195 1. Integration. 195 2. School Choice. 197 C. Suburban Parents. 198 II. The Political Economy of Teachers' Choice. 200 A. Teachers' Choice. 201 B. The Political Economy of Teachers' Choice. 205 C. The Political Economy of Teachers' Unions. 207... |
2021 |
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