| Author | Title | Citation | Summary | Year | Key Terms |
| Ellen Kreitzberg |
§ 8:16.final Reflections: Batson Revisited |
Jury Selection: The Law, Art and Science of Selecting a Jury § 8:16 (2020) |
The peremptory challenge continues to be one of the most debated and discussed aspects of any trial. Although initially used to dismiss impartial jurors who were not otherwise excused for cause, its use has evolved into a tool used by each side's attorney to secure a jury that is partial to his own siderather than impartial. For many years, the... |
2020 |
|
| Ellen Kreitzberg |
§ 8:6.batson V. Kentucky: the Three-step Process |
Jury Selection: The Law, Art and Science of Selecting a Jury § 8:16 (2020) |
Batson provided a three-step process for determining when a strike is discriminatory. First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; second, if that showing has been made, the prosecution must offer a race-neutral reason for striking the juror in question; and third, in light... |
2020 |
|
| Robert L. Haig, Ellen V. Holloman |
§ 83:26.further Reading |
New York Practice Series - Commercial Litigation in New York State Courts § 83:26 (2020) |
To create a more diverse and inclusive environment in your law firm, further education and self-improvement on matters of diversity and racial justice is necessary. Below is a selection of resources about diversity, inclusion and anti-racism for a more inclusive an equitable workplace. Corrine Shutack, 75 Things White People Can Do for Racial... |
2020 |
|
| Laura Hunter Dietz, J.D.; Glenda K. Harnad, J.D; Alan J. Jacobs, J.D.; Rachel M. Kane, M.A., J.D.; John Kimpflen, J.D.; Stephen Lease, J.D.; William Lindsley, J.D.; Denise L. Majette, J.D.; Karl Oakes, J.D.; Anne E. Melley, J.D., LL.M., of the staff of th |
§ 856.matters Court Will Consider |
Corpus Juris Secundum § 856 (2020) |
In considering motions to dismiss a claim, primarily, the court will, for the purpose of the motion, consider the allegations in the complaint and its amendments, including any document or exhibit attached to, and made part of, the complaint; documents incorporated by reference in the complaint; documents that are integral to or explicitly relied... |
2020 |
|
| Victoria L. Nadel, Roger Witkin |
§ 9:16.questions Specific to Interracial or Racial Cases |
42 Massachusetts Practice Series TM 9:16 (2020) |
There is a growing volume of research indicating that when race is front and center at trial, white juries may be less likely to convict black defendants than when race is presented sottovoce. Samuel Sommers, Ph.D. of Tufts University has researched and written about the phenomenon (along with Phoebe Ellsworth) suggesting that a notion of... |
2020 |
|
| Glenda K. Harnad, J.D.; and Karl Oakes, J.D. |
§ 93.unincorporated Association and Officers |
Corpus Juris Secundum§ 93 (2020) |
An unincorporated joint-stock association, as such, is not a citizen within the rules covering diversity. An officer of such an association who may be a plaintiff or defendant in an action in favor of or against the individual members of the association is not a real party, but is merely a nominal party whose citizenship is immaterial. Even if... |
2020 |
|
| |
¶ 208.35 Race Discrimination |
Employment Practices Guide 208.35 (2020) |
A federal district court properly dismissed a former state college employee's Section 1981 because she failed to allege she was discriminated against because of her race, and the employee's assertion that race was no longer required to state a claim under Section 1981 was the result of a misreading of the Supreme Court's opinion in Domino's Pizza... |
2020 |
|
| |
¶ 245.30 Reverse Race Discrimination |
Employment Practices Guide P 245.30 (2020) |
A Caucasian federal agent's race and sex bias claims failed because his lack of tact, diplomacy and discretion along with his inability to resolve conflicts or get along with others made him unqualified for a promotion to a Senior Operations Officer position. Lennon v Rubin (1stCir 1999) 75 EPD ¶ 45,763 A female Caucasian employee, a director of... |
2020 |
|
| Sullivan |
¶ 31,591 Akilah Hughes, Plaintiff V. Carl Benjamin A/k/a Sargon of Akkad, John Does 1–10 Inclusive, Defendants. |
CCH Copyright Law Reporter P 1192309 (2020) |
Akilah Hughes, Plaintiff v. Carl Benjamin a/k/a Sargon of Akkad, John Does 110 inclusive, Defendants. ¶ 31,591. U.S. District Court, S.D. New York. No. 17-cv-6493 (RJS). February 3, 2020. Akilah Hughes is represented by Kristin Grant of Grant Attorneys at Law PLLC, 40 Exchange Place, Suite 1306, New York, New York, 10005. Carl Benjamin is... |
2020 |
|
| |
¶ 51,525 Akilah Hughes, Plaintiff V. Carl Benjamin A/k/a Sargon of Akkad, John Does 1-10 Inclusive, Defendants. |
Guide to Computer Law P 51525 (2020) |
Akilah Hughes, Plaintiff v. Carl Benjamin a/k/a Sargon of Akkad, John Does 1-10 inclusive, Defendants. ¶ 51,525. U.S. District Court, S.D. New York. No. 17-cv-6493 (RJS). February 3, 2020. Sullivan, C.J.: Plaintiff Akilah Hughes brings this action against Defendant Carl Benjamin and ten John Doe Defendants for copyright infringement under 17... |
2020 |
|
| |
¶ 5491 Resolution of the U.s. Equal Employment Opportunity Commission in Mourning for the Deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery |
Employment Practices Guide P 5491 (2020) |
Equal Employment Opportunity Commission, June 9, 2020. WHEREAS the U.S. Equal Employment Opportunity Commission (Commission or EEOC) was created by the landmark Civil Rights Act of 1964 in direct response to calls for racial justice at the historic March on Washington for Jobs and Freedom in 1963; and WHEREAS the 1964 Civil Rights Act, which... |
2020 |
|
| |
¶ 618.51 Race Discrimination: Discourtesy |
Employment Practices Guide P 618.51 (2020) |
Black employee's claim that she was discharged as result of race discrimination was rejected. Evidence showed that she had disruptive and discourteous manner which was sole cause of termination. Lewis v Ford Motor Co (DC Mich 1978) 17 EPD ¶ 8453 Ramos v Port Authority of New York and New Jersey. (DC NY 1977) 14 EPD ¶ 7790 Boyd v Benton & Bowles,... |
2020 |
|
| |
¶ 67,498 the Center for Investigative Reporting, Appellant V. Southeastern Pennsylvania Transportation Authority. |
Advertising 67498 (2020) |
The Center for Investigative Reporting, Appellant v. Southeastern Pennsylvania Transportation Authority. ¶ 67,498. U.S. Court of Appeals, Third Circuit. No. 19-1170. Filed September 14, 2020. On Appeal from the United States District Court for the Eastern District of Pennsylvania. Molly M. Tack-Hooper [ARGUED] American Civil Liberties Union of... |
2020 |
|
| John Kruzel |
1,200 Doj Alumni Call for Probe of Barr's Role in Crowd Clearing Outside White House |
The Hill (6/10/2020) |
More than a thousand Department of Justice (DOJ) alumni called on the departments internal watchdog to investigate Attorney General William Barrs role in the aggressive dispersal last week of protesters gathered near the White House. |
2020 |
|
| Kaimipono David Wenger |
1200 Dollars and a Mule: Covid-19, the Cares Act, and Reparations for Slavery |
68 UCLA Law Review Discourse 204 (2020) |
The COVID-19 pandemic casts into sharp relief a number of questions relating to reparations. In particular, the COVID-19 crisis highlights the medical vulnerability of the Black community, illustrating the very real physical harm caused by slavery and racism in the United States. At the same time, government responses to the crisis demonstrate the... |
2020 |
|
| Matt Scott |
A Bespoke Approach: Rationales for Opposing S&p 500 Directors |
Corporate Governance Advisor 6018403 (2020) |
Matt Scott is a Senior Analyst with Proxy Insight, the world's leading source of information on global shareholder voting. By Matt Scott © 2020 Proxy Insight. Matt Scott is a Senior Analyst with Proxy Insight, the world's leading source of information on global shareholder voting. What we do at Proxy Insight, first and... |
2020 |
|
| Bruce A. Green , Rebecca Roiphe |
A Fiduciary Theory of Prosecution |
69 American University Law Review 805 (February, 2020) |
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors' obligations in their historical role as fiduciaries. Casting... |
2020 |
|
| Melody Finnemore |
A Most Unusual Year |
81-DEC Oregon State Bar Bulletin 16 (December, 2020) |
When Gov. Kate Brown issued a stay-at-home order in response to the COVID-19 pandemic in March, Oregon's legal community quickly figured out new ways to continue serving clients and keep the justice system running. It also established free resources to help people struggling to file unemployment claims and obtain federal stimulus funding, and to... |
2020 |
|
| Melanie D. Wilson |
A Reckoning over Law Faculty Inequality |
98 Denver Law Review Forum Forum 1 (9/20/2020) |
Below, I review Dr. Meera E. Deo's book, Unequal Profession: Race and Gender in Legal Academia, published last year by Stanford University Press. In Unequal Profession, Deo, an expert on institutional diversity, presents findings from a first-of-its-kind empirical study, documenting many of the challenges women of color law faculty confront daily... |
2020 |
|
| Sky Leah Ross |
A Space for You |
32 Hastings Women's Law Journal 109 (Winter, 2020) |
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... |
2020 |
|
| Hon. Robert E. Jones, Hon. Gerald E. Rosen (Ret.), William E. Wegner and Hon. Jeffrey S. Jones |
A.judicial Notice |
Rutter Group Practice Guide: Federal Civil Trials and Evidence 8D-A (2020) |
There are advantages and disadvantages to consider before requesting judicial notice: Advantages: The benefits of judicial notice are obvious: Efficiency: Judicial notice is a simple, inexpensive and efficient method of establishing the truth of essential matters. Moreover, some information may not be readily available from witnesses. For... |
2020 |
|
| Brandon Hasbrouck |
Abolishing Racist Policing with the Thirteenth Amendment |
68 UCLA Law Review Discourse 200 (2020) |
Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the Constitution itself. But a string of U.S. Supreme Court rulings involving the Thirteenth... |
2020 |
|
| Gary M. Stein |
Above and Beyond |
81-OCT Oregon State Bar Bulletin 18 (October, 2020) |
Cheryl Coon's passion for the law began in high school, when she volunteered as a Spanish interpreter for clients of the newly created Community Legal Services of Philadelphia. Over the next 50 years, she would advocate for marine mammals, the coastal zone, endangered salmon and spotted owls, marine reserves, Oregon fishing communities and disabled... |
2020 |
|
| |
Absence of Black Financial Regulators Seen Failure of U.s. Senate - Report |
24No.9 Consumer Financial Service Law Report 15 (9/29/2020) |
There has been a virtual absence of Black U.S. financial regulators for generations, a result largely due to a failure of the U.S. Senate oversight committees to sponsor Black nominees, leaving appointments dependent on the White House, a new study from the Brookings Institution said on Sept. 2. The disparity deprives... (Henry Engler, September 3) - |
2020 |
|
| Justine Coleman |
Aclu Calls for Special Prosecutor to Investigate Removal of Protesters in Front of White House |
The Hill (7/14/2020) |
The American Civil Liberties Union (ACLU) called Tuesday for an independent special prosecutor to investigate the aggressive clearing of protesters in front of the White House on June 1, an incident that immediately preceded President Trump's photo-op at a nearby church. |
2020 |
|
| Henry Kenyon, CQ Roll Call |
Aclu Sues Baltimore Police Department to Halt Aerial Surveillance Program |
CQ Briefing Roll Call Washington Data Privacy (4/13/2020) |
The American Civil Liberties Union and the ACLU of Maryland sued the Baltimore Police Department, challenging the constitutionality of a program to use aerial surveillance with high definition cameras to monitor the entire city. |
2020 |
|
| Daniel E. Ho , Alice Xiang |
Affirmative Algorithms: the Legal Grounds for Fairness as Awareness |
10/30/2020 University of Chicago Law Review Online 134 (10/30/2020) |
While there has been a flurry of research in algorithmic fairness, what is less recognized is that modern antidiscrimination law may prohibit the adoption of such techniques. We make three contributions. First, we discuss how such approaches will likely be deemed algorithmic affirmative action, posing serious legal risks of violating equal... |
2020 |
|
| Jessica Silbey |
Against Progress: Interventions about Equality in Supreme Court Cases about Copyright Law |
19 Chicago-Kent Journal of Intellectual Property 280 (6/25/2020) |
This essay is adapted from a book I am writing called Against Progress: Intellectual Property and Fundamental Values in the Internet Age. The book's primary argument is that, with the rise of digital technology and the ubiquity of the internet, intellectual property law is becoming a mainstream part of law and culture. Also, IP's mainstreaming in... |
2020 |
|
| I. Bennett Capers |
Against Prosecutors |
105 Cornell Law Review 1561 (September, 2020) |
Introduction. 1561 I. The Prosecutors. 1565 II. We, the People. 1573 A. From Private Prosecution to Public Prosecutors. 1573 B. Three Lessons. 1581 III. Benefits. 1586 Conclusion. 1609 |
2020 |
|
| Jonathan P. Feingold |
All (Poor) Lives Matter: How Class-not-race Logic Reinscribes Race and Class Privilege |
10/30/2020 University of Chicago Law Review Online 47 (10/30/2020) |
In An Intersectional Critique of Tiers of Scrutiny, Professors Devon Carbado and Kimberlé Crenshaw infuse affirmative action with an overdue dose of intersectionality theory. Their intervention, which highlights the disfavored remedial status of Black women, exposes equality law as an unmarked intersectional project that privileges the... |
2020 |
|