| Author | Title | Citation | Summary | Year | Key Terms |
| Prof. Angela D. Minor, Esq. |
BLACK LIVES STILL MATTER: THE UNCONSTITUTIONALITY OF THE REASONABLENESS STANDARD IN THE DOCTRINE OF QUALIFIED IMMUNITY |
27 University of the District of Columbia Law Review 71 (Spring, 2024) |
Legislative history serves as a tool of argumentation that offers preliminary insight as to why a particular law has been codified, passed, and implemented in society. It is designed to provide extensive background knowledge of the true intentions of the codification of a statute. An examination of the legislative history of the Civil Rights Acts... |
2024 |
Most Relevant |
| Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
2024 |
Most Relevant |
| Patience A. Crowder , Tom I. Romero, II |
EMBEDDING RACIAL JUSTICE IN THE WORK OF ENVIRONMENTAL NON-PROFITS |
22 Seattle Journal for Social Justice 803 (Spring, 2024) |
A shift is occurring as social justice activists are leveraging the climate emergency to address social justice and climate activists are leveraging Black Lives Matter, #MeToo, and other social justice movements to motivate climate action. -Jennie Stevens In response to the national and worldwide protests against racial violence and the health... |
2024 |
Most Relevant |
| Melanie Reid |
GOOD POLICING PRACTICES ARE DIFFICULT, EVEN FOR THE AVENGERS |
72 Cleveland State Law Review 563 (2024) |
Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum... |
2024 |
Most Relevant |
| Kenneth Williams |
IF BLACK LIVES REALLY MATTER, WE MUST END TRAFFIC STOPS! |
30 William and Mary Journal of Race, Gender, and Social Justice 309 (Winter, 2024) |
I. My Personal Experience II. Examples of Fatal Traffic Stops A. Patrick Lyoya B. Philando Castile C. Walter Scott D. Daunte Wright E. Jayland Walker III. Purposes of Traffic Stops A. Public Safety B. Revenue Source C. Pretextual Stops and Racial Profiling 1. Ferguson 2. Minneapolis D. Veil of Darkness E. Searches IV. Scotus, Pretextual Stops and... |
2024 |
Most Relevant |
| Michael A. Hardy |
INTRODUCTION |
52 Urban Lawyer 471 (2024) |
The United States finds itself at a crossroad when it comes to issues of equity and fairness in criminal justice matters and particularly policing in 21st-century America. The rise of the Black Lives Matter movement and the explosion of wrongful deaths in civilian and police encounters have turned the nation's attention to look more closely at the... |
2024 |
Most Relevant |
| Emily Sunflower Thompson |
JUSTICE, A PHOTO SERIES |
35 UC Law SF Journal on Gender and Justice 119 (May, 2024) |
The following two photos were shot as part of a photo series at a Black Lives Matter protest in Long Beach, California circa 2018. These photos were shot on black and white film with a vintage 35mm Rangefinder. A Young Child No Justice, No Peace |
2024 |
Most Relevant |
| Ny'esha Young |
LIKE, COMMENT, AND FOLLOW: HOW TO AMEND COPYRIGHT LAW TO PROTECT BLACK TIKTOKERS |
10 Texas A&M Journal of Property Law 411 (18-Apr-24) |
The Black community has long suffered through a cycle of trauma and pain, with history repeating itself throughout generations. From the civil rights movement to the Black Lives Matter movement, this cycle persists, showing up again in the experiences of Black TikTokers. Despite looking race-neutral on its face, copyright law's lack of... |
2024 |
Most Relevant |
| Julian M. Hill, Dr. Jill Humphries |
SUMMER NY 2020--BLACK LEGAL OBSERVERS, BLACK SOLIDARITY |
49 Harbinger 24 (4-Mar-24) |
Leading up to the summer of 2020's historic mobilizations in the name of protecting Black lives, Black community organizers in New York City frequently lamented the relative absence of a critical stakeholder: the Black legal observer. Like other legal observers, Black legal observers are legal workers and others invited to protests and direct... |
2024 |
Most Relevant |
| Simona Grossi |
THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT'S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER |
14 Columbia Journal of Race and Law 930 (July, 2024) |
This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons. It argues that the Supreme Court's approach, which conflates jurisdictional inquiries with procedural or remedial ones, has significantly... |
2024 |
Most Relevant |
| Sierra Garcia |
THE FUTURE OF ACTIVISM IS YOUTH-FULL: HOW YOUTH AROUND THE WORLD ARE CARRYING THE TORCH FOR GAZANS |
44 Children's Legal Rights Journal 87 (2024) |
The youth you are now living is a form of power; it is you who must employ it. José Enrique Rodó Throughout history, many successful nonviolent action campaigns have been led by young people, from the Free Speech movement to the Civil Rights movement to the Black Lives Matter movement. Recent social movements worldwide - from Latin America to... |
2024 |
Most Relevant |
| Patrick Maley |
WARDLOW AFTER BLACK LIVES MATTER: USING A PROTEST MOVEMENT TO ESTABLISH A COLORABLE EQUAL PROTECTION CHALLENGE TO SUPREME COURT PRECEDENT |
54 Seton Hall Law Review 1437 (2024) |
In the war against drugs, the justification of one questionable search as the basis for the next questionable search, and the next one, is slowly leading to the erosion of our Fourth Amendment protections. This process occurs almost imperceptibly in much the same way that light fades into dusk and dusk into darkness. It is in this twilight period... |
2024 |
Most Relevant |
| 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 |