Author | Title | Citation | Summary | Year | Key Terms |
Beau Steenken |
Outlaws, Pirates, Judges: Judicial Activisim as an Expression of Antiauthoritarianism in Anglo-american Culture |
38 Quinnipiac Law Review 259 (2020) |
I. Introduction. 260 II. On Judicial Activism. 268 A. Ever-present Activism. 270 B. Judging the Judges: Normative Treatment of Judicial Activism. 274 1. Negative Views of Judicial Activism. 274 2. Activism Apologists. 276 3. The Middle Ground: Mixed Bags and Bedrudging Realists. 279 C. Converging on Consensus: Defining Judicial Activism. 281 III.... |
2020 |
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Delaney E. Anderson |
Overbey V. Mayor of Baltimore: the Cost of Silence and the Impact of Restricting Speech in Police Brutality Settlements |
79 Maryland Law Review 1122 (2020) |
Can the government purchase silence from a someone who its agents beat, shocked with a stun gun, and ridiculed? According to Supreme Court precedent and the United States Court of Appeals for the Fourth Circuit, no. In Overbey v. Mayor of Baltimore, the Fourth Circuit answered the important question of whether the government may impose... |
2020 |
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Dean DeChiaro, CQ Roll Call |
Oversight Committee Asks Ring to Abide by Amazon's Facial Recognition Ban |
CQ Briefing Roll Call Washington Data Privacy (7/9/2020) |
A top Democrat on the House Oversight and Reform Committee wants Ring, the high-tech doorbell company, to abide by the facial recognition technology moratorium announced last month by its parent company, Amazon, in the wake of nationwide protests against police brutality. |
2020 |
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T. Andrew Brown |
Peaceful Protests--not Riots--bring about Meaningful Change |
92-AUG New York State Bar Journal 18 (August, 2020) |
Shortly after the coronavirus struck, we all thought this was going to be the year of the virus. And so far it has. But the killing of George Floyd on May 25, 2020 has made it equally the year of the protest. Ever since that day, protests have been taking place around the country on a daily basis. Cities big and small have had their protests.... |
2020 |
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Brooke Seipel |
Pelosi Remembers John Lewis as 'A Titan' Whose 'Bravery Transformed Our Nation' |
The Hill (7/18/2020) |
Speaker Nancy Pelosi (D-Calif.) remembered the late Rep. John Lewis (D-Ga.) on Friday as a titan" whose work in the Civil Rights movement changed the nation." |
2020 |
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Daniel Rice |
Pinterest Board, Execs Permit Discriminatory Work Culture, Suit Says |
36No.13 Westlaw Journal Corporate Officers & Directors Liability 06 (2020) |
Executives and directors at photo-sharing platform Pinterest Inc. have breached their fiduciary duties by allowing a culture of racial and gender discrimination that contrasts with the company's carefully crafted image, a shareholder alleges in a San Francisco federal court lawsuit. The Employees' Retirement System of Rhode Island says in a... |
2020 |
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Aaron Kupchik , F. Chris Curran , Benjamin W. Fisher , Samantha L. Viano |
Police Ambassadors: Student-police Interactions in School and Legal Socialization |
54 Law and Society Review 391 (June, 2020) |
The recent influx of police officers into US public schools has reshaped the context and frequency of children's interactions with police. Yet we know little about how the presence of these officers in schools impacts the legal socialization of students, and whether youth of color might be affected or socialized in different ways than white youth.... |
2020 |
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Ronald J. Coleman |
Police Body Cameras: Go Big or Go Home? |
68 Buffalo Law Review 1353 (December, 2020) |
Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body... |
2020 |
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Stephen Rushin, Roger Michalski |
Police Funding |
72 Florida Law Review 277 (March, 2020) |
A number of civil rights activists have called for the defunding or abolition of American police departments. These activists claim that the United States overinvests in police, leaving fewer scarce resources to support other government services. Activists also claim that overinvestment in policing contributes to higher rates of police misconduct... |
2020 |
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Ann Fagan Ginger, Louis H. Bell |
Police Misconduct Litigation-plaintiff's Remedies |
15 American Jurisprudence Trials 555 (2020) |
This article takes up the remedies that are available to recover damages or obtain other relief on behalf of a person who has been subjected to mistreatment or deprived of his civil rights by a policeman, sheriff, or other peace officer. Emphasis is given to the relief that can be obtained under the Civil Rights Act (42 USC § 1983 and related... |
2020 |
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Trevor George Gardner |
Police Violence and the African American Procedural Habitus |
( |
How should an African American respond to a race-based police stop? What approach, disposition, or tactic will minimize his risk within the context of the police stop of being subject to police violence? This Essay advances a conversation among criminal procedural theorists about citizen agency within the field of police-administered criminal... |
2020 |
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Nandini Kavuri, Esq., Cozen O'Connor |
Politics in the Workplace: More than Just a Headache for Employers |
16No.18 Westlaw Journal Bankruptcy 02 (2020) |
Cozen O'Connor attorney Nandini Kavuri discusses ways that employers can defuse heated political discussions in the workplace without improperly restricting the ability of employees to express themselves. Political discussions in the workplace have become increasingly common. What was once considered a taboo watercooler topic has become one of the... |
2020 |
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Henry Kenyon, CQ Roll Call |
Portland, Center of Protests, Bans Use of Facial Recognition Tech by Police |
CQ Briefing Roll Call Washington Data Privacy (9/10/2020) |
The Portland City Council passed ordinances banning police and government agencies in the Oregon city, which has been at the center of continual protests over police brutality since the May killing of George Floyd, from using facial recognition technology and barring private companies from implementing it in public spaces. |
2020 |
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Bernadette Atuahene |
Predatory Cities |
108 California Law Review 107 (February, 2020) |
Between 2011 and 2015, the Wayne County Treasurer completed the property tax foreclosure process for one in four properties in Detroit, Michigan. No other American city has experienced this elevated rate of property tax foreclosures since the Great Depression. Studies reveal that the City of Detroit systematically and illegally inflated the... |
2020 |
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Preliminary Materials |
ASYLUMCLS PREMAT (2020) |
Forty years ago, Congress codified asylum law with the enactment of the Refugee Act of 1980. The interpretation of the definition of a refugee and who qualifies for protection from persecution and torture has evolved ever since. Instead of a celebration of the 40th anniversary of the Refugee Act in 2020, however, the focus has been on attempts to... |
2020 |
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Lillian K. Glenister |
Preserving Maunakea under International Law: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community |
56 California Western Law Review 399 (Spring, 2020) |
C1-2Table of Contents Summary of Petition. 400 Draft Petition to the Inter-American Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community. 403 Introduction. 403 I. The Petitioners. 406 II. Factual and Procedural Background. 407 A. Significance of Maunakea to Knaka Maoli. 407 B. The TMT Project. 409 C.... |
2020 |
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Rebecca Klar |
President's Supporters, Opponents Paint Dueling Portraits of 'Donald Trump's America' |
The Hill (8/30/2020) |
Democrats accused President Trump on Sunday of trying to incite violence to benefit his reelection campaign while one of Trumps aides insisted America is a largely peaceful place under his control dismissing the violence as an issue in cities controlled by Democrats. |
2020 |
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Valena E. Beety |
Pretrial Dismissal in the Interest of Justice: a Response to Covid-19 and Protest Arrests |
11/16/2020 University of Chicago Law Review Online 44 (11/16/2020) |
The most dangerous place to be in America is prison or jail. The coronavirus pandemic, which, when paired with unsanitary and overcrowded incarceration conditions, can transform a few months' sentence into a lifelong health condition or death, compounds the inherent dangers of incarceration in America. Nationally, in fact, jails and prisons are... |
2020 |
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E. Christopher Johnson, Jr., John H. Stout, Ashley C. Walter |
Profound Change: the Evolution of Esg |
75 Business Lawyer 2567 (Fall, 2020) |
This article has been abstracted from a series of telephone conference discussions among E. Christopher Johnson, Jr., John H. Stout, and Ashley C. Walter, each of whom has chaired committees of the Business Law Section and served as a member of the Council. The discussions focused on the evolution, meaning and critical importance of the ideas,... |
2020 |
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Stacey Haws Felkner, J.D. |
Proof of Qualified Immunity Defense in 42 U.s.c.a. § 1983 or Bivens Actions Against Law Enforcement Officers |
59 American Jurisprudence Proof of Facts 3d 291 (2020) |
This article addresses the protection afforded by the doctrine of qualified immunity in actions for violation of the plaintiff's constitutional rights brought against state and local police and law enforcement officers under 42 U.S.C.A. § 1983 or actions brought against federal law enforcement officers directly under the Constitution. Qualified... |
2020 |
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Caleb L. Green, Esq. |
Protecting Protest Art |
28-DEC Nevada Lawyer 11 (December, 2020) |
The death of George Floyd has resulted in a recent international outcry for social and criminal justice reform, sparking a wave of creative protests and artistic expressions. For example, on June 5, 2020, a team of eight artists joined a group of community volunteers to create a street mural with letters 50 feet in length spelling out BLACK LIVES... |
2020 |
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Frederick Vranizan |
Protecting the Individual Rights of Nfl Players as Private Sector Employees |
18 Seattle Journal for Social Justice 615 (Spring, 2020) |
It is a privilege to be a part of the National Football League--NFL Personal Conduct Policy Some of the subject matter of this article, and its underlying impetus, has been the subject of much debate for the last several years. Spurred by partisan politics and misinformation, the National Anthem debate that started when Colin Kaepernick knelt for... |
2020 |
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Catherine L. Fisk, Diana S. Reddy |
Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements |
70 Emory Law Journal 63 (2020) |
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has been paid to the labor movement's experience of being regulated by law. In this Article, we ask how refocusing... |
2020 |
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Amanda Maine, J.D. |
Proxy Season Illustrates Harmful Impact of Proposed Amendments on Shareholder Proposals, Investor Groups Say |
Sec. SEC Today 4642726 (2020) |
By Amanda Maine, J.D. Several investor advocacy groups have sent a letter to the SEC urging it to reject proposed changes to the SEC's shareholder proposal rules. In addition to reiterating earlier objections to the proposal relating to its impact on smaller investors and a lack of substantive economic analysis in the proposing release, the letter... |
2020 |
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Proxy Season Illustrates Harmful Impact of Shareholder Proposal Amendments, Investor Groups Say 32 |
SEC SEC No Action Letters Weekly 4642619 (2020) |
By Amanda Maine, J.D. Several investor advocacy groups have sent a letter to the SEC urging it to reject proposed changes to the SEC's shareholder proposal rules. In addition to reiterating earlier objections to the proposal relating to its impact on smaller investors and a lack of substantive economic analysis in the proposing release, the... |
2020 |
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Robert Size |
Publishing Fake News for Profit Should Be Prosecuted as Wire Fraud |
60 Santa Clara Law Review 29 (2020) |
This Article argues that publishing fake news online for profit should be prosecuted as wire fraud under 18 U.S.C. § 1343. Fake news publishers compete in the two-sided market for online news. They deceive their readers to profit from advertisers. Neither the readers nor the advertisers are defrauded. The readers are not defrauded because they do... |
2020 |
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Jeremiah A. Ho |
Queer Sacrifice in Masterpiece Cakeshop |
31 Yale Journal of Law & Feminism 249 (2020) |
Abstract: This Article interprets the Supreme Court's decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell's interest-convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and... |
2020 |
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Avidan Y. Cover |
Quieting the Court: Lessons from the Muslim Ban Case |
23 Journal of Gender, Race and Justice Just. 1 (Spring, 2020) |
The Supreme Court's Muslim ban decision in Trump v. Hawaii calls into question the civil rights litigation enterprise insofar as lawsuits challenge the U.S. government's injurious national security and immigration policies. Litigants and advocacy organizations should employ an array of strategies and tactics to avoid the Court's rulings that almost... |
2020 |
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Jeffrey Fagan , Alexis D. Campbell |
Race and Reasonableness in Police Killings |
( |
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer's assessment of whether threats to their safety or the safety of others requires... |
2020 |
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Johonna Turner, Ph.D. |
Race, Gender and Restorative Justice: Ten Gifts of a Critical Race Feminist Approach |
23 Richmond Public Interest Law Review 267 (March, 2020) |
By reading past this point you agree that you are accountable to the council. You affirm our collective agreement that in the time of accountability, the time past law and order, the story is the storehouse of justice. You remember that justice is no longer punishment. You affirm that the time of crime was an era of refused understanding and... |
2020 |
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