| Author | Title | Citation | Summary | Year | Key Terms |
| Colleen Chien |
America's Paper Prisons: the Second Chance Gap |
119 Michigan Law Review 519 (December, 2020) |
Over the last decade, dozens of states and the federal government have enacted second chance reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of... |
2020 |
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| Alexis Hoag |
An Unbroken Thread: African American Exclusion from Jury Service, past and Present |
81 Louisiana Law Review 55 (Fall, 2020) |
C1-3Table of Contents Introduction. 56 I. African American Exclusion. 57 A. De Jure Exclusion. 58 B. De Facto Exclusion. 62 II. First Wave of Legal and Statutory Solutions. 66 A. The Constitutional Right to a Fair Cross Section. 67 1. Distinctive Group. 68 2. Relative Underrepresentation. 68 3. Systemic Exclusion. 71 B. The Jury Selection and... |
2020 |
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| Michael Conklin |
An Uphill Battle for Reparationists: a Quantitative Analysis of the Effectiveness of Slavery Reparations Rhetoric |
10 Columbia Journal of Race and Law 33 (2020) |
On Juneteenth (June 19), 2019 the United States House Judiciary Committee heard over three hours of testimony regarding slavery reparations. Various rhetorical methods were used by the expert witnesses to promote slavery reparations. Many emphasized the horrors of the slave trade. Many pointed to current racial disparities in education, criminal... |
2020 |
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| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the... |
2020 |
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| James E. Rooks, Jr. |
Appendix C. Table of Wrongful Death Awards |
Recovery for Wrongful Death § 2:18 (2020) |
The purpose of this Appendix is to provide information on how fact-finders have valued wrongful death cases after they determined that compensation was warranted. All dollar figures represent the amount awarded by the first fact-finder, or the amount of the actual settlement, if known. Defense verdicts (zero verdicts) are not included, nor does... |
2020 |
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| Lisa Blue, Ph.D., J.D. and , Robert B. Hirschhorn, J.D. |
Appendix K. Peremptory Challenges and Implicit Bias: Inherent Conflicts in How the Justice System Struggles with Racism |
Blue's Guide to Jury Selection APP K (2020) |
In August, 2016, a New York Supreme Court considered whether Time Warner should be allowed to request footage from investigations conducted by the New York City Police Department. Their stated goal was to discover how pervasive racial bias was within the department and its impact on the ways in which investigations were being conducted: Video... |
2020 |
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Around the Nation |
37No.9 Law Enforcement Employment Bulletin NL 8 (9/1/2020) |
A Santa Ana police officer has been charged with workers compensation fraud, Orange County District Attorneys (DA) Office announced in a press release. The officer, age 39, allegedly accepted full pay without working even though he was physically capable of performing his duties, the DAs office stated. In May 2018, the officer went out of work... |
2020 |
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Article Ii. Judicial Notice. |
45No.1 Federal Rules of Evidence Newsletter NL 2 (1/1/2020) |
A police officer who was seriously injured at a protest when an unidentified person hit him with a heavy object brought an action against the organizer of the protest and Black Lives Matter, which was associated with the protest. Following the grant of a motion to dismiss by the defendants, the officer appealed to the Fifth Circuit on the ground,... |
2020 |
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| Laura Weiss, CQ Roll Call |
As Companies Condemn Racism, Investors Want Measurable Actions to Fight it |
CQ Briefing Roll Call Washington Corporate Governance (6/17/2020) |
As corporations respond to the Black Lives Matter movement and profess their opposition to racism, investors and advocates are pushing company executives to make detailed plans for systemic change that can be measured to hold them accountable. |
2020 |
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| Scott W. Howe |
Atoning for Dred Scott and Plessy While Substantially Abolishing the Death Penalty |
95 Washington Law Review 737 (June, 2020) |
Abstract: Has the Supreme Court adequately atoned for Dred Scott and Plessy? A Court majority has never confessed and apologized for the horrors associated with those decisions. And the horrors are so great that Dred Scott and Plessy have become the anti-canon of constitutional law. Given the extraordinary circumstances surrounding the Court's... |
2020 |
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| Zack Budryk |
Barr Criticizes Doj in Speech Declaring All Agency Power 'Is Invested in the Attorney General' |
The Hill (9/16/2020) |
Attorney General Bill Barr asserted his authority to intervene in politically-charged cases and castigated career Justice Department staff in a Wednesday speech. |
2020 |
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| Aris Folley |
Barr Says Cases of Floyd, Blake Not 'Interchangeable' |
The Hill (9/2/2020) |
Attorney General William Barr said that he doesnt think the cases of George Floyd and Jacob Blake are interchangeable when asked about both in an interview on Wednesday. |
2020 |
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| Dominick Mastrangelo |
Barr: Doj Won't Be Run like Preschool |
The Hill (9/17/2020) |
Attorney General William Barr belittled the idea that lower level attorneys within his own Justice Department have any power to make decisions on how the agency is run, equating that notion to toddlers running a preschool during scathing remarks given Wednesday as part of a speech at Hillsdale College event. |
2020 |
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| Justin Wise |
Barr: the Left 'Believes in Tearing down the System' |
The Hill (8/10/2020) |
Attorney General William Barr on Sunday voiced scathing criticism of the Democratic Party, claiming the left is trying to tear down U.S. institutions in a pursuit for total victory. |
2020 |
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| Rebecca Klar |
Bass: Trump's 'Only' Purpose Is to 'Agitate' Violence |
The Hill (8/30/2020) |
Rep. Karen Bass (D-Calif.) on Sunday slammed President Trumps scheduled visit to Kenosha, Wis. in wake of protests over the police shooting of Jacob Blake. |
2020 |
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| Frederick H. Alexander |
Benefit Corporation Law and Governance: Pursuing Profit with Purpose Part 1 - Ch01 and Ch02 |
ALI-CLE 123 (5/19/2020) |
Copyright © 2018 by Frederick H. Alexander All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied... |
2020 |
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| Chelsea Barabas |
Beyond Bias: Re-imagining the Terms of "Ethical Ai" in Criminal Law |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 83 (Fall, 2020) |
Data-driven decision-making regimes, often branded as artificial intelligence (AI), are rapidly proliferating across the U.S. criminal legal system as a means of managing the risk of crime and addressing accusations of discriminatory practices. However, these data regimes have come under increased scrutiny, as critics point out the myriad ways... |
2020 |
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| Beth A. Colgan |
Beyond Graduation: Economic Sanctions and Structural Reform |
69 Duke Law Journal 1529 (April, 2020) |
In recent years, increased attention is being paid to the dangers of imposing economic sanctions in felony, misdemeanor, juvenile, municipal, and traffic courts because the imposition of unmanageable fines, fees, surcharges, restitution, and forfeitures can be financially devastating for people and their families. One reform that has gained... |
2020 |
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| Brett Samuels and Reid Wilson |
Biden Appointments Give Newsom Chance to Reshape California Politics |
The Hill (12/12/2020) |
President-elect Joe Biden has tapped several California officials for key roles in his administration, handing Gov. Gavin Newsom (D) the opportunity to reshape the states political hierarchy with his choices for their replacements. |
2020 |
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| Brooke Seipel |
Bill and Hillary Clinton on John Lewis Death: 'We Have Lost a Giant' |
The Hill (7/18/2020) |
Former President Bill Clinton and former secretary of State Hillary Clinton marked the passing of Civil Rights icon Rep. John Lewis (D-Ga.) on Friday, calling him a giant" and praising his lifelong fight for justice and equality." |
2020 |
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| Black Women Scholars, The Research Working Group of the Black Mamas Matter Alliance |
Black Maternal Health Research Re-envisioned: Best Practices for the Conduct of Research With, For, and by Black Mamas |
14 Harvard Law & Policy Review 393 (Summer, 2020) |
The purpose of this article is to provide an overview of a forthcoming report entitled Black Maternal Health Research Re-Envisioned: Recommendations for Improving Research on Maternity Care for Black Mamas which provides principles that should underpin the ethical design of clinical, epidemiological, health services, and public health research,... |
2020 |
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| Jennifer M. Kinsley |
Black Speech Matters |
2020 (University of Louisville Law Review Rev. 1 |
On Memorial Day 2020, Minneapolis police killed George Floyd, an unarmed African-American man suspected of paying for groceries with a counterfeit $20 bill. Two officers held Floyd face down on the ground, while another officer pinned Floyd's head against the ground by forcefully placing a knee onto his neck for nearly ten minutes. Several months... |
2020 |
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| WK Editorial Staff |
Blog Tracker-noteworthy Posts and Other Commentary |
Wolters Kluwer Employment Law Daily (8/6/2020) |
The week's most insightful, intriguing, or entertaining blog posts from the labor and employment law community. News & Knowledge, Court Rules with New York: DOL Jumped the Rail in Restricting Pandemic Paid Leave, by Jack L. Cohen, Christopher P. Maugans, Caroline J. Berdzik, Peter J. Woo, and Kristin Klein Wheaton (Goldberg Segalla) Labor and... |
2020 |
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| Abbye Atkinson |
Borrowing Equality |
120 Columbia Law Review 1403 (October, 2020) |
For the last fifty years, Congress has valorized the act of borrowing money as a catalyst for equality, embracing the proposition that equality can be bought with a loan. In a series of bedrock statutes aimed at democratizing access to loans and purchase money for marginalized groups, Congress has evinced a borrowing-as-equality policy that has... |
2020 |
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| Marty Johnson |
Breonna Taylor Findings Being Presented to Grand Jury |
The Hill (9/9/2020) |
The findings in the case of Breonna Taylor, the 26-year-old Black woman who was shot and killed in her home by Louisville, Ky., police in March, are being presented to a grand jury by Kentucky Attorney General David Cameron (R), according to multiple reports. |
2020 |
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| Marty Johnson |
Breonna Taylor's Ex-boyfriend Was Offered a Deal to Say She Was Involved in Organized Crime |
The Hill (9/1/2020) |
The lead attorney representing Breonna Taylor's family says Louisville prosecutors offered Jamarcus Glover her ex-boyfriend who is facing multiple drug-related charges a plea deal that listed Taylor, who was shot and killed by police in her own home in March, as a co-defendant in the case. |
2020 |
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| Marty Johnson |
Breonna Taylor's Family Attorney Crump to Ag Cameron: 'Release the Transcripts' |
The Hill (9/25/2020) |
Civil rights attorney Benjamin Crump had a simple message for Kentucky Attorney General Daniel Cameron (R) on Friday: Release the transcript of the grand jury proceedings in the case of Breonna Taylor. |
2020 |
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| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various... |
2020 |
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| Joseph Landau |
Broken Records: Reconceptualizing Rational Basis Review to Address "Alternative Facts" in the Legislative Process |
73 Vanderbilt Law Review 425 (March, 2020) |
In 2016, North Carolina passed HB2, also known as the bathroom ban--a law prohibiting transgender individuals from accessing public restrooms corresponding to their gender identity--based on the unfounded fear that cisgender men posing as transgender women would assault women and girls in bathrooms. Around the same time, Alabama enacted a... |
2020 |
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| Justin Wise |
Bubba Wallace Responds to Trump: 'Even When It's Hate from the Potus.. Love Wins' |
The Hill (7/6/2020) |
NASCAR driver Bubba Wallace on Monday called for Americans to meet hate with love after President Trump attacked the top racing league's only African American driver and falsely accused him of carrying out a hoax" involving a noose found in his garage stall." |
2020 |
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