AuthorTitleCitationSummaryYearRelevancy
Michael Z. Green (A)WOKE WORKPLACES 2023 Wisconsin Law Review 811 (2023) With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination,... 2023 Most Relevant
  ¶ 47,292 JAMES HALBAUER, JR. PLAINTIFF V LOUIS DEJOY DEFENDANT. Employment Practices Guide 47204 (2023) Reverse discrimination Disparate treatment Postal worker wore MAGA hat A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed after he was told not to wear a MAGA hat to work, while a female African American coworker was not reprimanded for wearing a Black Lives Matter hat. The court first... 2023 Most Relevant
  ¶ 47,292 JAMES HALBAUER, JR. PLAINTIFF V LOUIS DEJOY DEFENDANT. Labor & Employment Law 47292 (2023) Reverse discrimination Disparate treatment Postal worker wore MAGA hat A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed after he was told not to wear a MAGA hat to work, while a female African American coworker was not reprimanded for wearing a Black Lives Matter hat. The court first... 2023 Most Relevant
Kathryn G. Speckart BLACK LIVES MATTER AND THE PUSH FOR COLONIAL-ERA CULTURAL HERITAGE RESTITUTION 72 Catholic University Law Review 249 (Spring, 2023) The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for decolonization of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment... 2023 Most Relevant
Joseph Pace CAN PRIVATE EMPLOYEES BE FIRED FOR OUT-OF-OFFICE POLITICAL SPEECH? 95-JUN New York State Bar Journal 28 (May/June, 2023) Consider a few hypotheticals: A shop clerk attends a Proud Boys rally and gets doxxed by activists who discover his place of work and demand he be terminated. Soon, a Twitter campaign emerges calling for a boycott until the demand is acceded to. The owner gives in and fires the clerk. A food server attends a Black Lives Matter rally and gives a... 2023 Most Relevant
Pamela Wolf, J.D. DISCRIMINATION-RACE-D. MASS.: WHOLE FOODS EMPLOYEES FIRED UNDER DRESS CODE FOR WEARING 'BLACK LIVES MATTER' MASKS FAILED TO SHOW PRETEXT Wolters Kluwer Employment Law Daily (1/25/2023) At most, the record showed a series of arguably ill-advised business decisions by the employer in light of the employees' dress code violations and the message they sought to display. Whole Foods Market, Inc., was entitled to summary judgment on the Title VII retaliation claims of three employees who were terminated for wearing Black Lives Matter... 2023 Most Relevant
Christine Cimini, Doug Smith MODALITIES OF SOCIAL CHANGE LAWYERING 26 Lewis & Clark Law Review 1035 (2023) The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual... 2023 Most Relevant
Leilani Stacy THE MOVEMENT FOR BLACK LIVES: A CASE STUDY OF CONSTITUTIONAL UNDERSTANDINGS OF QUALIFIED IMMUNITY AND THE ARGUMENT FOR A LEGISLATED CONSTITUTION 32 Southern California Review of Law & Social Justice 201 (Spring, 2023) C1-2TABLE OF CONTENTS I. INTRODUCTION. 202 II. A BRIEF HISTORY OF QUALIFIED IMMUNITY JURISPRUDENCE AND RECENT CALLS FOR ITS END. 205 III. AN OVERVIEW OF BLM AS A SOCIAL MOVEMENT AND POSITION ON QUALIFIED IMMUNITY. 209 IV. EXISTING THEORIES OF SOCIAL MOVEMENTS' INFLUENCE ON THE CONSTITUTION. 213 A. Frameworks to Help Guide an Understanding of the... 2023 Most Relevant
Allison R. Ferraris "THE RIGHT TO PROTEST FOR RIGHT": REAFFIRMING THE FIRST AMENDMENT PRINCIPLE THAT LIMITS THE TORT LIABILITY OF PROTEST ORGANIZERS 63 Boston College Law Review 1093 (March, 2022) Abstract: On December 16, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Doe v. Mckesson that a court could hold DeRay Mckesson liable for damages to a police officer whom an unidentified assailant injured at a 2016 Black Lives Matter protest that Mckesson helped organize. Mckesson did not cause the officer's injuries, and he did not... 2022 Most Relevant
Doug Colbert, Colin Starger A BUTTERFLY IN COVID: STRUCTURAL RACISM AND BALTIMORE'S PRETRIAL LEGAL SYSTEM 82 Maryland Law Review 1 (2022) Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore's pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful... 2022 Most Relevant
Linette A. Duluc BATSON FAILS AGAIN: HOW THE RESURGENCE OF BLACK LIVES MATTER HIGHLIGHTS THE EASE OF BYPASSING THE RACE-NEUTRAL REQUIREMENT AND PROPOSED MODIFICATIONS TO REFINE THE STANDARD 55 Suffolk University Law Review 375 (2022) When Black people today declare, Black Lives Matter in the face of race-based killings by police and vigilantes, their voices echo Sojourner Truth asking, Ain't I a Woman in the face of chattel slavery and Black protesters declaring, I am a Man in the face of a racial caste system . Racism seeps into the process of jury selection--legally... 2022 Most Relevant
Jennifer Harrison Macon CRITICAL RACE THEORY: ANOTHER CASUALTY IN THE ATTACK ON FACTS 69 UCLA Law Review Discourse 56 (2022) The attack on Critical Race Theory is the latest attempt to undermine the interracial coalition that has been building over the last twenty years. In the wake of the murder of George Floyd in May of 2020, a global movement for Black lives ensued, which in turn motivated a calculated resistance that mobilized around education. Not unlike the... 2022 Most Relevant
Sidney Balman ENSURING BLACK LIVES MATTER WHEN THE PENALTY IS DEATH 15 Idaho Critical Legal Studies Journal 1 (2022) [I]t is not so much that the death penalty has a race problem as it is that the race problems of America manifest themselves through the implementation of the death penalty. Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They... 2022 Most Relevant
Daniel Farbman JUDICIAL SOLIDARITY? 33 Yale Journal of Law & the Humanities 1 (Winter, 2022) We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our... 2022 Most Relevant
A.J. Rael SHIFTING THE CULTURE: WHAT THE UNITED STATES CAN LEARN FROM EUROPEAN POLICING PRACTICES 30 Tulane Journal of International and Comparative Law 195 (Winter, 2022) I. Introduction. 195 II. Origins of the Black Lives Matter Movement in the United States. 197 III. Europe's Response to the Black Lives Matter Movement Following the Killing of George Floyd. 198 IV. An Overview and Comparison of Police Brutality in the U.S. and the U.K. 200 V. A Comparison of Policing Practices in the U.S., Norway, and Finland. 205... 2022 Most Relevant
Caleb Epperson THE FUTURE OF THE ALLEN CHARGE IN THE NEW MILLENNIUM 75 Arkansas Law Review 109 (2022) In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same. Following the death of George Floyd on May 25, 2020, social and political movements grew rapidly nationwide to combat the prevalence of police brutality against African-American communities. The... 2022 Most Relevant
Jelani Jefferson Exum , David Niven WHERE BLACK LIVES MATTER LESS: UNDERSTANDING THE IMPACT OF BLACK VICTIMS ON SENTENCING OUTCOMES IN TEXAS CAPITAL MURDER CASES FROM 1973 TO 2018 66 Saint Louis University Law Journal 677 (Summer, 2022) The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd's resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police... 2022 Most Relevant
Vida B. Johnson WHITE SUPREMACY'S POLICE SIEGE ON THE UNITED STATES CAPITOL 87 Brooklyn Law Review 557 (Winter, 2022) The attack that took place at the nation's Capitol on January 6, 2021, has proven that white supremacy and far-right extremism in policing are some of our country's most dangerous problems. I have previously written about the crisis of white supremacists in law enforcement, and I am not alone. The Federal Bureau of Investigation (FBI) has issued... 2022 Most Relevant
Sky Leah Ross "A SPACE FOR YOU" 32 Hastings Women's L.J. 109 [Hastings Women's Law Journal] (Winter, 2021) This poem was written in remembrance of all the innocent Black lives lost, and in solidarity with the movements that continue the battle for systemic change. A Space for You --Sky Leah Ross I see your anger & frustration, all of the agony you've been through; Lay it down here, let me make a space for you. For all of the pain, all of the hurt, all... 2021 Most Relevant
Michael Heise, Jason P. Nance "DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS 111 J. Crim. L. & Criminology 717 [Journal of Criminal Law and Criminology] (Summer, 2021) Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... 2021 Most Relevant
Phyllis W. Cheng, Ann M. Noel, and Susan Saylor, Ann M. Noel § 14:3. Ralph Act jury instructions TRG-CAFAIR § 14:3 [California Fair Housing and Public Accommodations] (2021) California courts have adopted the elements of proof as set out in the California Jury Instructions. (CACI 3064; Black Lives Matter-Stockton Chapter v. San Joaquin County Sheriff's Office, 398 F. Supp. 3d 660, 678-679 (E.D. Cal. 2019); Austin B. v. Escondido Union School Dist., 149 Cal. App. 4th 860, 57 Cal. Rptr. 3d 454, 471, 219 Ed. Law Rep. 91... 2021 Most Relevant
Shannon Thyme Klinger and Teresa T. Bonder § 39:8.50. The case for creating an organized D&I program-D&I in light of the Black Lives Matter movement SPARTNER § 39:8.50 [Successful Partnering Between Inside and Outside Counsel] (2021) In the weeks and months following the killings of George Floyd, Breona Taylor, and Rayshard Brooks (among others), tens of millions of people across the United States took to the streets in protest. These demonstrations, aligned with the Black Lives Matter movement, called for an end to racist policing and other systems of power that perpetuate... 2021 Most Relevant
  ¶ 37,587 HOME DEPOT ALLEGEDLY DISCRIMINATED AGAINST EMPLOYEE WHO RAISED RACIAL HARASSMENT ISSUES, WORE BLM SLOGAN - NLRB NEWS Labor & Empl. L. P 37587 [Labor & Employment Law] (2021) By WK Editorial Staff On August 12, the NLRB's Region 18Minneapolis office issued a complaint against Home Depot USA, Inc., alleging that the national home improvement chain discriminated against an employee in a Minneapolis store for raising issues of racial harassment with coworkers and managers and displaying a Black Lives Matter slogan on his... 2021 Most Relevant
  ¶ 37,587 HOME DEPOT ALLEGEDLY DISCRIMINATED AGAINST EMPLOYEE WHO RAISED RACIAL HARASSMENT ISSUES, WORE BLM SLOGAN - NLRB NEWS Labor & Empl. L. P 37587 [Labor & Employment Law] (2021) By WK Editorial Staff On August 12, the NLRB's Region 18Minneapolis office issued a complaint against Home Depot USA, Inc., alleging that the national home improvement chain discriminated against an employee in a Minneapolis store for raising issues of racial harassment with coworkers and managers and displaying a Black Lives Matter slogan on his... 2021 Most Relevant
Rebecca Beitsch Acting attorney general says DOJ will enforce law The Hill (1/6/2021) Acting Attorney General Jeffrey Rosen condemned the rioters who forced their way into the Capitol Wednesday, saying the Department of Justice (DOJ) would enforce the laws of our land.",...frequently criticized left-leaning protestors. He was particularly vocal as Black Lives Matter protests spread across the country in May and June 2021 Most Relevant
  Around the Nation 48 No. 1 Quinlan, School Law Bulletin NL 6 [School Law Bulletin] (1/10/2021) Jeff Davis Elementary in the Biloxi School District (BSD) has renamed to Back Bay Elementary in an effort to be more racially conscious. Discussions of racial injustice which were bolstered by the Black Lives Matter movement have inspired many communities across the country to reconsider the public display of Confederate monuments and to update... 2021 Most Relevant
  Around the Nation 48 No. 14 Quinlan, School Law Bulletin NL 4 [School Law Bulletin] (7/25/2021) East Penn School District (EPSD) is being sued by Maureen and Christopher Brophy, the Christian parents of children in the district. They claim that their children should be exempt from lessons concerning the Black Lives Matter movement that involve lessons about race because it goes against their religious teachings. According to the lawsuit, the... 2021 Most Relevant
Joseph Pileri ASKING THE HARD QUESTIONS: TRUTH, RECONCILIATION, AND CORPORATE AMERICA 18 Berkeley Bus. L.J. 157 [Berkeley Business Law Journal] (2021) In the wake of the murder of George Floyd, many American companies issued public statements to support the Black Lives Matter movement and promised steps to address internal racial inequality and systemic racism. Telling Black Americans that their lives matter, Apple CEO Tim Cook promised to bring critical resources and technology to underserved... 2021 Most Relevant
Joseph Pileri ASKING THE HARD QUESTIONS: TRUTH, RECONCILIATION, AND CORPORATE AMERICA 18 Berkeley Bus. L.J. 157 [Berkeley Business Law Journal] (2021) In the wake of the murder of George Floyd, many American companies issued public statements to support the Black Lives Matter movement and promised steps to address internal racial inequality and systemic racism. Telling Black Americans that their lives matter, Apple CEO Tim Cook promised to bring critical resources and technology to underserved... 2021 Most Relevant
Nathalie Martin BAD APPLES OR A ROTTEN TREE: AMELIORATING THE DOUBLE PANDEMIC OF COVID-19 AND RACIAL ECONOMIC INEQUALITY 82 Mont. L. Rev. 105 [Montana Law Review] (Winter, 2021) Black Lives Matter signs pepper our rural, middle class neighborhood. Like many of the neighborhoods in my town, there are few Black Americans living nearby. The signs are a symbol of the desire to do something, finally, about systemic racism. There are other subtle shifts occurring as well. More books on racism top bestsellers lists and more ads... 2021 Most Relevant
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