| Author | Title | Citation | Summary | Year | Key Terms |
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Highlights |
45No.1 Federal Rules of Evidence Newsletter NL 1 (1/1/2020) |
The January 2020 issue of Federal Rules of Evidence News discusses several recent federal court decisions involving the Federal Rules of Evidence, including: RULES CONSTRUED IN THIS ISSUE: 201, 401, 402, 403, 404, 414, 701, 702, 1006 |
2020 |
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| Mike Lillis and Cristina Marcos |
House Panel Advances Police Reform Bill |
The Hill (6/17/2020) |
Democrats on the House Judiciary Committee on Wednesday advanced historic legislation to reform police practices in the wake of the death of George Floyd, an African American man who died while in police custody last month.The partisan 24-14 vote after a marathon 11-hour markup sends the package to the full House for consideration next week and... |
2020 |
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| Jonathan Easley |
How Trump Cleared the Park Around the White House |
The Hill (6/1/2020) |
Tensions between President Trump, law enforcement and protesters demanding justice for George Floyd reached ominous new heights Monday night when military personnel fired tear gas into a crowd of demonstrators just outside White House grounds. |
2020 |
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| Aziz Rana |
How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire |
130 Yale Law Journal Forum 312 (11/2/2020) |
abstract. Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say... |
2020 |
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Ideas and Trends Issue No. 837 |
HR HR Compl. Compliance 7124720 (2020) |
STATE LAW ROUNDUP PART 1The impact of COVID-19 on this year's state legislative activity cannot be overstated EMPLOYEE LEAVEEmployees gained greater leave protections in 2020 ACCOMMODATIONSMaryland, Tennessee, and Virginia said employers cannot force pregnant employees to take leave EMPLOYEE PRIVACYLawmakers said no to device implantation,... |
2020 |
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| Marty Johnson |
Illinois Lawmaker Says Trump Wants to Instigate a Race War |
The Hill (7/22/2020) |
Rep. Bobby Rush (D-Ill.) on Wednesday lashed out at President Trump for his support of federal officers deployed to Portland in recent weeks, saying that the president's game plan" is to stoke racial tension among the country." |
2020 |
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| T. Andrew Brown |
Imagining a Bright Future Where Everyone Is Treated Equally |
92-AUG New York State Bar Journal B.J. 8 (August, 2020) |
Racial injustice has seemingly become everyone's problem, increasing the interest in and likelihood of finding solutions. Finally. Conversation around racial injustice in America has reached new heights. It's no longer a conversation driven solely by people of color, for people of color. Black Lives Matter (BLM) has become a movement embraced by... |
2020 |
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| Charles R. Lawrence III |
Implicit Bias in the Age of Trump: Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York, N.y.: Viking. 2019. Pp. 340. $28.00 |
133 Harvard Law Review 2304 (May, 2020) |
We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... |
2020 |
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In the News |
16No.7 Education Employment Law Bulletin NL 5 (7/1/2020) |
According to the May employment report released by the U.S. Bureau of Labor Statistics, employment in private education rose over the course of the month while public employment declined. As a direct result of school closures due to the Coronavirus, there were major declines in local government education employment. These declines accounted for... |
2020 |
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| Nizan Geslevich Packin |
In Too-big-to-fail We Trust: Ethics and Banking in the Era of Covid-19 |
2020 Wisconsin Law Review 1043 (2020) |
The COVID-19 economic crisis has brought to light something very broken in the American banking system--that banks prioritize their own profits over the interests of those they serve and over the interests of social justice. And they are permitted to do so because they do not owe a fiduciary duty to their customers and are not social welfare... |
2020 |
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| Sayer Rippey |
Incarcerated Parents and Child Welfare in Washington |
95 Washington Law Review 531 (March, 2020) |
Abstract: From 2006 to 2016, 32,000 incarcerated parents in the United States permanently lost their parental rights without ever being accused of child abuse. Of these, approximately 5,000 lost their parental rights solely because of their incarceration. This family separation crisis followed on the heels of the Adoption and Safe Families Act... |
2020 |
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| Martin A. Schwartz |
Index |
SNETLFE INDEX (2020) |
All references are to sections. ACCUSED, CHARACTER OF, 2.08[A] Fed. R. Evid. 404(a), 2.08[B] Fed. R. Evid. 412, 2.08[C] ACQUITTALS, 1.04[C][8], 3.05[D] ACTS OF MORAL TURPITUDE, 9.09[A] bad acts impeachment under Federal Rules of Evidence, 9.09[B] arrests, 9.09[B][1] relationship between impeachment by conviction and, 9.09[B][1] civil rights... |
2020 |
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| Grace Greene |
Instagram Lookalikes and Celebrity Influencers: Rethinking the Right to Publicity in the Social Media Age |
168 University of Pennsylvania Law Review Online 153 (2020) |
Don't scoff at influencers. They're taking over the world. --Kevin Roose Introduction. 154 I. The Power and Appeal of Social Media Influencers. 157 A. Defining Influencer. 158 B. The Power of Influencers. 165 C. The New Celebrity. 168 II. The Right of Publicity. 170 A. Modern Scope. 171 1. Commercial Use. 172 2. Name or Likeness. 173 B. The First... |
2020 |
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| Gillian Dutton |
International Experiences: a Path to Critical Legal Skills, Values, and Innovation for American Law Students |
27 Clinical Law Review Rev. 1 (Fall, 2020) |
American law schools have long wished to expand opportunities to gain exposure to international legal practice. These experiences help students gain knowledge of law and practice in a different legal system and increase their cross-cultural humility; students also make valuable connections for future employment and improve language proficiency.... |
2020 |
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| Laura Weiss, CQ Roll Call |
Investor Group Urges Regulators to Require Specifics in Workforce Reporting |
CQ Briefing Roll Call Washington Corporate Governance (9/2/2020) |
A coalition of investors managing $5.9 trillion in assets asked the Securities and Exchange Commission to be more specific about what information public companies need to share about their workforces. |
2020 |
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| Laura Weiss, CQ Roll Call |
Investor Groups Push Back Against Sec Shareholder Proposal Rule Changes |
CQ Briefing Roll Call Washington Corporate Governance (7/31/2020) |
Investor coalitions are gearing up for a potential legal challenge over a proposed rule they say would hinder shareholder proposals, armed with studies to back their claim. |
2020 |
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| Laura Weiss, CQ Roll Call |
Investors Escalate Campaigns for Racial Justice Action at Companies |
CQ Briefing Roll Call Washington Corporate Governance (12/9/2020) |
Investors' pledges to take action on racial justice after incidents of police brutality against minorities set off nationwide protests over the summer are giving rise to campaigns for change in corporate America. |
2020 |
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| Laura Weiss, CQ Roll Call |
Investors Escalate Racial Justice Campaigns at Companies |
CQ Briefing Roll Call Washington Securities Enforcement & Litigation (12/9/2020) |
Investors' pledges to take action on racial justice after incidents of police brutality against minorities set off nationwide protests over the summer are giving rise to campaigns for change in corporate America. |
2020 |
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| Laura Weiss, CQ Roll Call |
Investors Join Calls for Change amid Protests over George Floyd Death |
CQ Briefing Roll Call Washington Corporate Governance (6/3/2020) |
Organizations that work with corporate shareholders are calling on investors focused on sustainability issues to work toward racial justice after the killing of a black man in police custody in Minnesota last week. |
2020 |
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| Laura Weiss, CQ Roll Call |
Investors Urge Amazon to Permanently Ban Id Tech Sales to Police |
CQ Briefing Roll Call Washington Corporate Governance (6/17/2020) |
Shareholders are joining with civil rights groups to urge Amazon.com Inc. and other suppliers to make permanent a suspension of sales of facial recognition software to law enforcement following Black Lives Matter protests over recent killings by police. |
2020 |
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| Caitlin Reilly, CQ Roll Call |
Investors Want Details on Bonds That Pay for Police Misconduct |
CQ Briefing Roll Call Washington Securities Enforcement & Litigation (7/6/2020) |
As Black Lives Matter protests march on around the U.S., some investment advisers and asset managers are pushing for more disclosure on so-called judgment allocation bonds issued by cities and states to fund payouts for settlements of lawsuits against police. |
2020 |
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| Allen Slater |
It Should Never Be Justified: a Critical Examination of the Binary Paradigm Used to Categorize Police Shootings |
21 Berkeley Journal of African-American Law & Policy Pol'y 1 (2020) |
Introduction. 2 I. The Stories Behind the Bullet. 5 II. We Are Not Bound to the Binary Paradigm. 7 A. Tennessee v. Garner: The Origin of the Binary Paradigm. 8 B. Scott v. Harris: Police Discretion Widens. 10 C. Plumhoff v. Rickard: Reinforcing the Scott Standard. 11 D. The Real-World Consequences of the Case Law. 12 III. Why Has the Binary... |
2020 |
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| Marty Johnson |
Jacob Blake Released from Hospital, Enters Rehab Center |
The Hill (10/7/2020) |
Jacob Blake has been released from the hospital, well over a month after he was shot seven times in the back at point-blank range by Kenosha, Wis., police. |
2020 |
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| Tal Axelrod |
John Lewis: 'Now it Is Your Turn to Let Freedom Ring' |
The Hill (7/30/2020) |
The late Rep. John Lewis (D-Ga.) said in a posthumous op-ed that he had been inspired shortly before his death by nationwide demonstrations against systemic racism and police brutality sparked by the death of George Floyd in May. |
2020 |
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| Elizabeth Nevins-Saunders |
Judicial Drift |
57 American Criminal Law Review 331 (Spring, 2020) |
Although there is broad consensus on what constitutes procedural due process in criminal cases, in courtrooms around the country, those ideals are often disregarded. In the wake of rising public attention to misdemeanors, be it through marijuana decriminalization or concern over unduly punitive fees and surcharges, a few scholars have pointed to... |
2020 |
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Judicial Notice |
Federal Rules of Evidence with Trial Objections ยง J40 (2020) |
Fed.R.Evid. 201 Mil.R.Evid. 201 I request that the court take judicial notice of the fact that [specify]. Objection. The fact in question is not generally known nor is it verifiable with certainty. Therefore, it is not the proper subject of judicial notice. Certain facts are beyond any serious dispute because they are of such common knowledge or... |
2020 |
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| Sunita Patel |
Jumping Hurdles to Sue the Police |
104 Minnesota Law Review 2257 (May, 2020) |
Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New... |
2020 |
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| Ed Finkel |
Kathy Brost: Leading in Unprecedented Times |
93-AUG Wisconsin Lawyer Law. 6 (July/August, 2020) |
Kathy Brost enjoys a reputation among colleagues as a personable, strategic, and collaborative leader. These qualities and others - as well as her many years' experience as a solo practitioner and as in-house counsel - well suit her for helping guide the State Bar of Wisconsin through the year ahead. As Kathleen A. Brost takes the helm as president... |
2020 |
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| Marty Johnson |
Kentucky Attorney General Asks Court to Block Grand Juror from Discussing Breonna Taylor Case |
The Hill (10/8/2020) |
Kentucky Attorney General Daniel Cameron (R) has moved to stop an anonymous grand juror that was empaneled to hear the case of Breonna Taylor the 26-year-old Black woman who was shot and killed in her home by Louisville police in March from speaking publicly about the proceedings of the grand jury. |
2020 |
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| Marty Johnson |
Kentucky Attorney General Didn't Recommend Any Murder Charges to Breonna Taylor Grand Jury |
The Hill (9/30/2020) |
Kentucky Attorney General Daniel Cameron said on Tuesday that he did not present any murder charges to the grand jury that was empaneled to hear the case of Breonna Taylor, the 26-year-old Black woman who was shot and killed by a trio of plainclothes Louisville police officers in her home back in March. |
2020 |
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| Laura Weiss, CQ Roll Call |
Labor Group Criticizes Mcdonald's for $1b Dividend Spending During Pandemic |
CQ Briefing Roll Call Washington Corporate Governance (6/16/2020) |
McDonald's Corp.'s shareholder dividend payments are drawing opposition from a worker rights organization that says the fast food chain should instead be spending the money on paid sick leave and other needs for employees during the COVID-19 pandemic. |
2020 |
|
| WK Editorial Staff |
Labor News-retail and Grocery Workers Call on Kroger-owned Companies to Reverse Blm Insignia Ban |
Wolters Kluwer Employment Law Daily (9/23/2020) |
Fred Meyer and QFC management has purportedly been ordering workers to remove Black Lives Matter buttons distributed by their union. Washington's Puget Sound-area retail and grocery store workers, with the backing of United Food and Commercial Union Local 21, have launched a campaign calling on Kroger-owned Fred Meyer and QFC to roll back their... |
2020 |
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| Dr. Jim Castagnera, Esq. |
Labor Pulse-can Organized Labor Find Room in its Tent for Both Sides on Climate Change? |
Wolters Kluwer Employment Law Daily (8/11/2020) |
Neither unbridled exploitation of our natural resources nor a complete closure of the fossil fuel industry is in the best interest of unions. Studies comparing career prospects in the oil-and-gas vs. the clean-alternatives sector of the energy industry conclude that oil and natural gas jobs are better for energy construction workers than are the... |
2020 |
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| Dr. Jim Castagnera, Esq. |
Labor Pulse-teacher and Police Unions Are on a Collision Course in Our Public Schools: Why? |
Wolters Kluwer Employment Law Daily (7/10/2020) |
How might teacher and police unions collaborate constructively in the midst of COVID-19 and Black Lives Matter? Two stories are dominating the national news. The firstwhich has been everybody's lead for four monthsis the COVID-19 pandemic. The second is Black Lives Matter. Together they are altering the American social, economic, and legal... |
2020 |
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'Lady A' Musicians Can 'Peacefully Coexist,' Trademark Suit Says |
27No.08 10 (2020) |
Members of the musical group formerly known as Lady Antebellum have filed a federal court lawsuit seeking a ruling that the country band's decision to go by the name Lady A" does not infringe a Seattle blues singer's trademark rights. Plaintiffs Hillary Scott |
2020 |
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| Harvey Gee |
Last Call for the Third-party Doctrine in the Digital Age after Carpenter? |
26 Boston University Journal of Science and Technology Law 286 (Summer, 2020) |
Introduction. 287 I. From Miller and Smith to Carpenter: The Origins and Development of the Third-Party Doctrine. 290 II. Departing From Smith and Miller: Carpenter Digitizes the Katz Reasonable Expectation of Privacy Test. 297 III. After Carpenter: Arguing for a Warrant Requirement for Historical and Real-Time CLSI, the Third-Party Doctrine is Not... |
2020 |
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| Henry Kenyon, CQ Roll Call |
Lawmakers Press Mobilewalla on Using Location Data to Track Protesters |
CQ Briefing Roll Call Washington Data Privacy (8/5/2020) |
Democratic lawmakers want to know who Mobilewalla shares information with after revealing it used cell phone location data to identify people who attended Black Lives Matter demonstrations. |
2020 |
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| Henry Kenyon, CQ Roll Call |
Lawmakers Urge Ftc to Investigate Adtech Industry for Privacy Violations |
CQ Briefing Roll Call Washington Data Privacy (8/3/2020) |
Lawmakers from both parties asked the Federal Trade Commission to investigate alleged privacy violations by advertising technology companies, which gather and sell Americans' personal data. |
2020 |
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| Julia Hernandez |
Lawyering Close to Home |
27 Clinical Law Review 131 (Fall, 2020) |
This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... |
2020 |
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| Morgan Gstalter |
Lebron James on the Nba Losing Trump as a Viewer: 'We Could Care Less' |
The Hill (8/6/2020) |
NBA star LeBron James on Wednesday said the league isnt torn about losing President Trump as a viewer due to his opposition to demonstrations during the national anthem, saying we could care less. |
2020 |
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| Kathryne M. Young , Katie R. Billings |
Legal Consciousness and Cultural Capital |
54 Law and Society Review 33 (March, 2020) |
In this article, we use a Bourdieusian framework to theorize the relationship between cultural capital and legal consciousness, and in turn to consider how variation in legal consciousness contributes to the creation and maintenance of legal hegemony. We investigate how cultural capital shapes the ways people navigate situations that force them to... |
2020 |
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| Florence Wagman Roisman |
Lessons for Advocacy from the Life and Legacy of the Reverend Doctor Pauli Murray |
20 University of Maryland Law Journal of Race, Religion, Gender and Class Class 1 (Spring, 2020) |
I sing of a new American Separate from all others, Yet enlarged and diminished by all others. I am the child of kings and serfs, freemen and slaves, Having neither superiors nor inferiors, Progeny of all colors, all cultures, all systems, all beliefs. I have been enslaved, yet my spirit is unbound. I have been cast aside, but I sparkle in the... |
2020 |
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| Shajuti Hossain |
Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers |
24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) |
About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... |
2020 |
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| Robert B. Farrell |
Lessons in Leadership: How Dillard University Juggled the Complexities of Campus Free Speech, the Demands of its Mission, and the Boundaries of the Law--all in a Matter of Days |
45 Journal of College and University Law 50 (2020) |
Campus free speech generates strong opinions but few consider the challenge it presents to campus leadership. Presidents espouse diversity and inclusivity while recognizing the importance of all ideas, some of which threaten those goals. Dillard University in New Orleans faced this issue. In doing so, Dillard found its core ideals and determined... |
2020 |
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| Gerard A. Hornby |
Let Them Eat Cake: a Comparative Analysis of Recent British and American Law on Religious Liberty |
58 Duquesne Law Review 377 (Summer, 2020) |
I. Introduction. 377 II. Cakes and Consciences. 380 A. Masterpiece Cakeshop. 380 B. Ashers Baking Company. 384 C. The Devil Is in the Detail: Religion and the Refusal to Accommodate. 386 III. What We Can Learn from Masterpiece and Ashers. 390 A. A Sensible Synthesis?. 390 1. Compelled Speech. 390 2. Guilt by Expressive Association. 393 B. The... |
2020 |
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| Dallas Lopez, Oscar Sarabia Roman, Editors-In-Chief, Volume 30, Berkeley La Raza Law Journal |
Letter from the Editors |
30 Berkeley La Raza Law Journal L.J. I (2020) |
July 2020 Dear Comunidad: Berkeley Law students founded Berkeley La Raza Law Journal (LRLJ) in 1981 to uplift Latinx scholars' voices by providing a platform for publication. Since then, LRLJ has published and promoted critical legal pieces impacting the greater Latinx community. This year brought many unexpected changes. The COVID-19 pandemic... |
2020 |
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| Tal Axelrod |
Lgbtq Groups Celebrate Buttigieg Pick for Transportation Secretary |
The Hill (12/15/2020) |
Two of the nations top LGBTQ advocacy groups celebration Pete Buttigiegs nomination to be President-elect Joe Bidens Transportation secretary. |
2020 |
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| Athena D. Mutua |
Liberalism's Identity Politics: a Response to Professor Fukuyama |
23 University of Pennsylvania Journal of Law and Social Change 27 (2020) |
INTRODUCTION. 27 I. FUKUYAMA'S ARGUMENT, BRIEFLY OUTLINED. 28 II. RECOGNITION V. DISTRIBUTION (ECONOMIC) CLAIMS. 32 III. ORIGIN STORY: LIBERALISM'S IDENTITY POLITICS. 35 A. A Post Civil War Frame?. 37 B. Distributional Claims & Advocacy, Multiculturalism & Colorblindness. 39 C. Same Ole Economics and White Supremacy. 42 D. Political Correctness and... |
2020 |
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| Molly Gibbons |
License to Offend: How the Nlra Shields Perpetrators of Discrimination in the Workplace |
95 Washington Law Review 1493 (October, 2020) |
Abstract: Congress established the National Labor Relations Board (NLRB or the Board) to enforce the National Labor Relations Act (NLRA or the Act) and ensure fair labor practices in workplaces across the United States. The NLRA protects employees from discipline while engaging in union activity. Under the NLRA, employers and unions must... |
2020 |
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| G. Alex Sinha |
Lies, Gaslighting and Propaganda |
68 Buffalo Law Review 1037 (August, 2020) |
C1-2Table of Contents Introduction. 1040 I. Defining Propaganda. 1044 A. Legal Uses of the Term. 1047 1. International law. 1047 2. Domestic law. 1051 B. Scholarly Uses of the Term. 1062 C. Refining the Definition of Propaganda to Derive a Comprehensive Model. 1065 1. Manipulation. 1066 2. Persuasive power and persuasive effect. 1076 II.... |
2020 |
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