| Author | Title | Citation | Summary | Year | Key Terms |
| Hendrick Townley , Asaf Lubin |
The International Law of Rabble Rousing |
45 Yale Journal of International Law Online Online 1 (2020) |
I. Introduction. 1 II. Introducing Rabble-Rousing: A Two-Faced Troll. 5 A. What Is Rabble-Rousing?. 5 B. The Danger of Rabble-Rousing. 8 C. Why Rabble-Rousing?. 10 III. The Legality Of Rabble-Rousing: A Square Peg Among Round Holes. 12 A. Rabble-Rousing and the Principle of Non-Intervention. 12 1. Domaine Réservé. 13 2. Coercion. 13 B.... |
2020 |
|
| Brandon Garrett , Christopher Slobogin |
The Law on Police Use of Force in the United States |
21 German Law Journal 1526 (December, 2020) |
Recent events in the United States have highlighted the fact that American police resort to force, including deadly force, much more often than in many other Western countries. This Article describes how the current regulatory regime may ignore or even facilitate these aggressive police... (Received 09 September 2020; accepted 11 September 2020) |
2020 |
|
| Jessica Owley , Jess Phelps |
The Life and Death of Confederate Monuments |
68 Buffalo Law Review 1393 (December, 2020) |
Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates:... |
2020 |
|
| James A. Kushner |
The Life and Death of Great Cities in the Time of Climate Change and the Covid-19 Pandemic |
4 Journal of Comparative Urban Law and Policy 133 (2020) |
Prologue I. History and Culture A. Security B. The Effects of War C. Internal Revolt D. The Automobile E. Tourism and its Effects F. Regulatory Traditions II. Current Dilemmas A. Public Transport 1. Combatting the Effects of Automobile Use 2. Life on the Street 3. Parking 4. Transportation Network Companies 5. Land Ethics Towards Open Land 6.... |
2020 |
|
| Chibli Mallat |
The Limits of Authoritarian International Law |
114 AJIL Unbound 247 (2020) |
Tom Ginsburg's concept of authoritarian international law (AIL) is as important as the one it references, Thomas Franck's right to democratic governance. It underlines how the promise carried by Franck was betrayed in the bitter turn of history that ended the emerging hope for democracy ruling all nations in the world after 1989. This hope had... |
2020 |
|
| Mei Tsang , Eemaan Jalili , Richard J. McNeil |
The Long Journey: Perspectives of Black Attorneys in Orange County |
62-AUG Orange County Lawyer 28 (August, 2020) |
The most recent Black Lives Matter movement has highlighted the challenges of a community that has suffered a history of strife and obstacles. In light of this painful but very real issue, a few of our Black Orange County legal community members have agreed to share their experiences and thoughts on their experiences and recent incidents. We hope... |
2020 |
|
| Niall Stanage |
The Memo: Trump's Election Push Causing Long-term Damage, Experts Say |
The Hill (12/7/2020) |
President Trumps attempt to subvert the election results is destined to fail but is causing long-term damage to American democracy, experts say. |
2020 |
|
| Niall Stanage |
The Memo: Trump's Law and Order Bet Falling Flat |
The Hill (6/23/2020) |
President Trumps bet on hard-line law and order rhetoric isnt paying off so far. |
2020 |
|
| Jonathan Peters |
The Modern Fight for Media Freedom in the United States |
18 First Amendment Law Review 60 (Symposium, 2020) |
The First Amendment as a subject is challenging and provocative, and scholarly and popular understandings of it are changing. New communication technologies are pushing lawyers, judges, and scholars to revisit, and sometimes rethink, old legal doctrines and concepts. In the area of privacy, we have to think today about encryption and a website's... |
2020 |
|
| John F. Reed , Maureen Hanawalt |
The next Normal: Business Development and Marketing During and after Covid-19 |
99-OCT Michigan Bar Journal 60 (October, 2020) |
Unprecedented, uncertain, and unpredictable will forever describe 2020, thanks to an insidious virus that exploded into a global pandemic. Remember January and February? We recall that time faintly, in a haze--the old normal. Before COVID-19, lawyers built relationships through arm's-length exchanges including face-to-face meetings in the office or... |
2020 |
|
| Dimetria A. Jackson, Larisa M. Dinsmoor |
The Ocba's Racial Justice Task Force |
62-AUG Orange County Lawyer 30 (August, 2020) |
As Dr. Martin Luther King Jr. wrote in his Letter From Birmingham Jail, We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. The OCBA stands in solidarity with the Black community. Black lives matter. As one of the largest voluntary bar associations in... |
2020 |
|
| Sarah J. Schendel |
The Pandemic Syllabus |
98 Denver Law Review Forum Forum 1 (12/1/2020) |
If necessity is the mother of invention, perhaps there is no greater proof for the ubiquity of professor frustration over students' failure to read the syllabus than the hardy, ever-growing corner of Etsy dedicated to shirts, mugs, stickers, and now, masks bearing the phrase: Read the syllabus. As each new semester dawns, professors across the... |
2020 |
|
| Jamelia N. Morgan |
The Paradox of Inclusion: Applying Olmstead's Integration Mandate in Prisons |
27 Georgetown Journal on Poverty Law and Policy 305 (Winter, 2020) |
In this Essay, I discuss Olmstead and some potential opportunities and barriers to implementing Olmstead's integration mandate in prisons. In particular, I address what I term the paradox of inclusion with respect to applying the integration mandate in prison. Recognizing that the central features and function of prisons conflict with the animating... |
2020 |
|
| Chris Adams , Adams & Bischoff, LLC, Charleston, South Carolina, 843-277-0090, Email chris@adamsbischoff.com, Website www.adamsbischoff.com |
The People We Fight for |
44-AUG Champion Champion 5 (August, 2020) |
Looking in the mirror, she fidgeted with her hair for the final time. The van was pulling into the residential drug treatment facility to take her to the first day of work at an automobile factory. As she stepped into the van, she was unsure of what lay ahead. Twenty-one months later, Britney Hodge has earned promotions at work, recently graduated... |
2020 |
|
| Ruth Colker |
The Power of Insults |
100 Boston University Law Review 1 (January, 2020) |
Insults work on both a structural level and a personal level. This Article argues that the economic and political power elite has effectively hurled insults at civil rights activists, plaintiffs, and their lawyers to undermine civil rights reform. It has long been understood that the civil rights community must engage in cultural, political, and... |
2020 |
|
| Professor Taylor Simpson-Wood |
The Precarious Position of the Fourth Estate in Trumptopia: the Role of Popular Culture and the Law in Protecting Media Freedom |
49 Southwestern Law Review Rev. 1 (2020) |
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so... |
2020 |
|
| Michael Diederich, Jr. |
The President, the States and Policing American Cities |
92-OCT New York State Bar Journal 26 (September/October, 2020) |
President Donald Trump is reportedly planning to send federal agents to New York City to help out with the uptick in crime and protests. He claims local officials have lost control of the streets. NYSBA President Scott M. Karson asked for the opinion of the Committee on Civil Rights (CCR) as to whether President Trump has the constitutional... |
2020 |
|
| Jack Davis |
The Public Use of Reparations: How Land-based Reparations Can Satisfy the Public Use Requirement of the Takings Clause |
( |
Emancipation, one of our nation's boldest and most morally profound acts, rested upon the hope that a dramatic reconception of property would take root. Almost four million African Americans gained the rights and remedies of personhood, no longer to be property. This transformation also carried with it one of our nation's most enduring property... |
2020 |
|
| Jeff Sloan, Sloan Sakai Yeung & Wong, LLP |
The Relative Benefits of Advisory Arbitration |
30No.18 California Employment Law Letter Letter 3 (7/20/2020) |
In late June 2020, California's 5th District Court of Appeal overturned an arbitrator's advisory decision in favor of two deputy sheriffs and their union in a contractual dispute arising under a memorandum of understanding (MOU) between the county and the union. The dispute centered on the county's decision to remove the deputies from specialty... |
2020 |
|
| Zohra Ahmed |
The Sanctuary of Prosecutorial Nullification |
83 Albany Law Review 239 (2019-2020) |
In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus. Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from... |
2020 |
|
| Mary Anne Franks |
The Second Amendment's Safe Space, or the Constitutionalization of Fragility |
83 Law and Contemporary Problems 137 (2020) |
Contempt for vulnerability is the defining characteristic of contemporary American conservatism. Conservatives ridicule diversity initiatives, government assistance, antidiscrimination policies, the #MeToo movement, worker protections, universal health care, family leave, forgiveness of student debt, and other progressive concepts as obsessions of... |
2020 |
|
| Molly P. Matter |
The Shaw Claim: the Rise and Fall of Colorblind Jurisprudence |
18 Seattle Journal for Social Justice 25 (Summer, 2020) |
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. --Amendment XV, Section 1, United States Constitution Justice is not blind, nor should it aspire to be. Our training as legal professionals demands that we apply the... |
2020 |
|
| Elsa Kaka |
The Supreme Court of Canada's Justification of Charter Breaches and its Effect on Black and Indigenous Communities |
43 Manitoba Law Journal 117 (2020) |
Throughout my time in law school, I noticed that the criminal cases covered in my courses very rarely adequately dealt with how racism affected the ways in which the police investigated and arrested Black, Indigenous, and People of Colour (BIPOC). Instead, I observed an expansion of police powers and a frightening trend of justifying Charter... |
2020 |
|
| Michael A. Lawrence |
The Thirteenth Amendment as Basis for Racial Truth & Reconciliation |
62 Arizona Law Review 637 (Fall, 2020) |
This is a country whose existence was predicated on the torture of black fathers, on the rape of black mothers, on the sale of black children .. Having been enslaved for 250 years, black people were not left to their own devices [after slavery ended]. They were terrorized. In the Deep South, a second slavery ruled. In the North, legislatures,... |
2020 |
|
| K-Sue Park |
This Land Is Not Our Land |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... |
2020 |
|
| Morgan Gstalter |
Tim Ryan Condemns Trump's Call for Goodyear Boycott: 'This Is an Iconic American Company in a Swing State' |
The Hill (8/19/2020) |
Ohio Rep. Tim Ryan (D) on Wednesday said he was shocked to see President Trump call for a boycott of Goodyear over reports that employees were told not to wear the president's trademark Make America Great Again attire. |
2020 |
|
| Yolanda Hunter, Workplace HR, LLC |
Tips for Improving, Maintaining Inclusion in a Remote Workforce |
18No.2 Federal Employment Law Insider Insider 6 (10/1/2020) |
During the global pandemic, organizational leaders and HR professionals have been challenged with managing a remote workforce. Along with increasing social justice issues and concerns raised by the Black Lives Matter (BLM) movement, organizational leaders are now focusing their diversity, equity, and inclusion (DEI) efforts on ensuring remote... |
2020 |
|
| Justin Wise |
Top Pence Aide Calls Nba Player Strike over Jacob Blake Shooting 'Absurd' and 'Silly' |
The Hill (8/27/2020) |
A Trump administration official on Thursday dismissed the decision of NBA teams to refuse to play Wednesday night's playoff games to protest the police shooting of Jacob Blake, calling it absurd" and "silly."" |
2020 |
|
| Monica Bell, Stephanie Garlock, Alexander Nabavi-Noori |
Toward a Demosprudence of Poverty |
69 Duke Law Journal 1473 (April, 2020) |
This Article describes the rift between a due-process-focused jurisprudence on legal-financial obligations--the centerpiece of the current fight against criminalization of poverty--and the substantive and structural problems of poverty criminalization. It argues that judges can help address this disconnect while still operating within the scope of... |
2020 |
|
| Emily Hammond |
Toward a Role for Protest in Environmental Law |
70 Case Western Reserve Law Review 1039 (Summer, 2020) |
The story of environmental law closely coincides with that of the Environmental Protection Agency (EPA), which has doubtless made many contributions to improved governance and enhanced environmental protection. In this symposium tribute to the EPA's fiftieth anniversary, however, I invite a renewed look at the role of protest in environmental... |
2020 |
|