| Author | Title | Citation | Summary | Year | Key Terms |
| Marty Johnson |
Us Attorney: Agents Will Stay in Portland as Long as Attacks on Federal Property, Personnel Last |
The Hill (7/28/2020) |
Billy Williams, the U.S. attorney for the district of Oregon, on Monday signaled that federal officers stationed in Portland would not be removed as long as damages and threats to federal property, namely the city's federal courthouse, continue. |
2020 |
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| Lisa P. Ramsey |
Using Failure to Function Doctrine to Protect Free Speech and Competition in Trademark Law |
(Iowa 104 Iowa Law Review Online 70 (2020) Online) |
I. Introduction. 71 II. Failure to Function Doctrine and Its Relationship to Other Trademark Laws. 76 A. Almost Anything Can Qualify as Protectable Trademark Subject Matter. 76 B. A Trademark Must Be Distinctive. 77 C. Functional Matter Cannot Be Registered or Protected. 80 D. This Matter Must Be Used and Function as a Trademark. 81 III. Examples... |
2020 |
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| Erin Sheley |
Victim Impact Statements and Corporate Sex Crimes |
73 Oklahoma Law Review 209 (Autumn, 2020) |
Wherever there is a position of power, there seems to be potential for abuse. I had a dream to go to the Olympics, and the things that I had to endure to get there, were unnecessary, and disgusting. . A question that has been asked over and over is: How could have Larry Nassar been allowed to assault so many women and girls for more than two... |
2020 |
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| Erin Sheley |
Victim Impact Statements at Canadian Corporate Sentencing |
43 Manitoba Law Journal 421 (2020) |
The recent SNC-Lavalin scandal and its political fallout have drawn public attention to an existing culture of impunity enjoyed by corporate criminal wrongdoers, despite the 2004 changes to the Criminal Code of Canada that intended to make corporate prosecutions easier. In this article, I argue that the conceptual problems with corporate criminal... |
2020 |
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| Jack T. Vanderford |
Wardlow Revisited: How Media Coverage of Police Brutality Makes Empirical Data More Relevant than Ever |
22 University of Pennsylvania Journal of Constitutional Law 1523 (August, 2020) |
Freddie Gray stood on a street corner in West Baltimore when he made eye contact with a uniformed police officer. Gray ran from the area after seeing the officer, who chased Gray down and forced him to stop by drawing and threatening to use his Taser gun. A video taken by a bystander captures Gray screaming in pain as his arms are handcuffed behind... |
2020 |
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| Morgan Chalfant |
Washington Archbishop Criticizes Trump Visit to Catholic Shrine |
The Hill (6/2/2020) |
Washington Archbishop Wilton Gregory rebuked President Trumps visit to a Catholic shrine in D.C. on Tuesday, calling it baffling and reprehensible after the president moved to crack down on demonstrations in the district. |
2020 |
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| Laura Weiss, CQ Roll Call |
Washington State Law Provides New Model in Drive for Board Gender Diversity |
CQ Briefing Roll Call Washington Corporate Governance (6/11/2020) |
Corporations based in the state of Washington must have corporate boards that are at least 25 percent female under a law taking effect Thursday that aims to gauge broader diversity efforts. |
2020 |
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| Katelyn Ringrose , Divya Ramjee |
Watch Where You Walk: Law Enforcement Surveillance and Protester Privacy |
11 California Law Review Online 349 (September, 2020) |
Protest is a fundamental feature of democracy, yet protesters have been continuously met with domestic surveillance mechanisms intended to chill public free expression and criminalize lawful behavior. The deployment of privacy-invasive measures against protesters in public spaces has an extensive and storied history--one often rooted in racism and... |
2020 |
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| Burton J. Fishman, Fortney & Scott, LLC |
What Is to Be Done with the State of Our Country? |
17No.11 Federal Employment Law Insider Insider 7 (7/1/2020) |
The view from K Street has special meaning this month. Offices and storefronts are boarded up from 14th St. to 22nd and beyond. From our (unoccupied) office near Connecticut and K, you can see the looted CVS, struggling to reopen. Around the corner, on I St., things are worse. Across Farragut Square, the signs of protest are everywhere, from the... |
2020 |
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| James Weinstein |
What Lies Ahead?: the Marketplace of Ideas, Alvarez V. United States, and First Amendment Protection of Knowing Falsehoods |
51 Seton Hall Law Review 135 (2020) |
I. Introduction. 135 II. The Supreme Court's Pre-Alvarez Jurisprudence Concerning First Amendment Protection of Lies and the Marketplace of Ideas. 140 III. United States v. Alvarez, Protection of Lies and the Marketplace of Ideas. 144 A. The Plurality Opinion. 145 B. The Concurring Opinion. 152 C. The Dissenting Opinion. 157 D. Free Speech Values... |
2020 |
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| Kurtis A Kemper, J.D. |
What Matters Not Contained in Pleadings May Be Considered in Ruling on a Motion to Dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure or Motion for Judgment on the Pleadings under Rule 12(c) Without Conversion to Motion for Summary Judgme |
138 American Law Reports ALR Federal 393 (2020) |
Rules 12(b) and (c) of the Federal Rules of Civil Procedure provide that if, on a motion to dismiss under Rule 12(b)(6) or a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment and disposed of as provided in Rule 56. The court in... |
2020 |
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| Jaime M. Nies, J.D., LL.M. |
What Matters Not Contained in Pleadings May Be Considered in Ruling on Motion to Dismiss under Rule 12(b)(6) of Federal Rules of Civil Procedure or Motion for Judgment on Pleadings under Rule 12(c) Without Conversion to Motion for Summary Judgment-ninth C |
56 American Law Reports ALR Federal 3d Art. 1 (2020) |
If matters outside the pleadings are presented to and not excluded by the court when deciding a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6), or a motion for judgment on the pleadings under Fed. R. Civ. P. 12(c), the motion must be treated as a motion for summary judgment under Fed. R. Civ. P. 56. A court has... |
2020 |
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| Zachary Stoner |
What You Rhyme Could Be Used Against You: a Call for Review of the True Threat Standard |
44 Nova Law Review 225 (Spring, 2020) |
I. Introduction. 225 II. The True Threat Doctrine: A History of Confusion and Ambiguity. 229 A. The True Threat Doctrine and the Supreme Court's Lack of Guidance. 231 B. The Lower Court's Struggle with Uniformity. 237 1. The Subjective Intent Analysis. 238 2. The Objective Intent Analysis. 240 III. Hip-Hop and the Criminal Justice System. 242 A. A... |
2020 |
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| Benjamin Levin |
What's Wrong with Police Unions? |
120 Columbia Law Review 1333 (June, 2020) |
In an era of declining labor power, police unions stand as a success story for worker organizing--they exert political clout and negotiate favorable terms for their members. Yet, despite support for unionization on the political left, police unions have become public enemy number one for commentators concerned about race and police violence. Much... |
2020 |
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| Morgan Simone Mallory |
When the Sun of Cultural Beauty Rises, the Competent Mind Remains Resilient!: the Journey of Title Vii and the Story of Natural Hair |
47 Southern University Law Review 315 (Spring, 2020) |
When you see me passing, It ought to make you proud. I say, It's in the click of my heels, The bend of my hair, the palm of my hand, The need for my care. 'Cause I'm a woman Phenomenally. Phenomenal woman, That's me. --Maya Angelou In 2010, Catastrophe Management Solutions (CMS) sought to hire employees who demonstrated basic computer skills and... |
2020 |
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When Your Employee Is the Star of a Viral Video: Six Questions to Ask |
37No.15 Employment Alert NL 1 (7/22/2020) |
15.1 Your phone starts blowing up with texts and emails. When you check, everyone is sending you the same thinga video of one of your employees making crude and racist comments. The video has gone viral on social media and its just a matter of time before the employees affiliation with your organization goes viral too. You know other companies... |
2020 |
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| Peter Y. Kim |
Where We're Going, We Don't Need Drivers: Autonomous Vehicles and Ai-chaperone Liability |
69 Catholic University Law Review 341 (Spring, 2020) |
Unwittingly, Iggy Pop's The Passenger prophetically envisions what a world filled with autonomous vehicles may look like: Get into the car We'll be the passenger We'll ride through the city tonight See the city's ripped backsides We'll see the bright and hollow sky We'll see the stars that shine so bright The sky was made for us tonight[. In the... |
2020 |
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| Andrew Melzer , Whittney Barth |
Whether Employees Can Be Fired for Participating in Peaceful Protests |
2020 University of Illinois Law Review Online 221 (Fall, 2020) |
Protestors across the country have poured into the streets in the days and weeks following the police killings of George Floyd in Minneapolis, Minnesota and Breonna Taylor in Louisville, Kentucky, among others. These tragic deaths are but the latest chapter in the long struggle for racial justice and systemic reform in the United States. As the... |
2020 |
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| Lolita Buckner Inniss |
While the Water Is Stirring: Sojourner Truth as Proto-agonist in the Fight for (Black) Women's Rights |
100 Boston University Law Review 1637 (October, 2020) |
This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... |
2020 |
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| Brandon Hasbrouck |
White Saviors |
77 Washington and Lee Law Review Online 47 (7/15/2020) |
Bury me in the ocean with my ancestors who jumped from ships, cause they knew death was better than bondage. I am an assistant professor of law at Washington and Lee University School of Law. I am a tenure-track faculty member. I am Black. Two of my Black colleagues, Cary Martin Shelby and Carliss Chatman, endorse my entire statement below in... |
2020 |
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| Ruth Vassar Lazenby |
Who Pays? An Analysis of Fine Collection in New York City |
130 Yale Law Journal Forum 213 (10/20/2020) |
ABSTRACT. This Essay analyzes data from New York City's Office of Administrative Trials and Hearings on the collection of municipal fines for administrative violations in New York City. The analysis concludes that slightly more than half of fines imposed are collected in full. The Essay explores potential implications of these collection rates, as... |
2020 |
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| Max I. Fiest |
Why a Data Disclosure Law Is (Likely) Unconstitutional |
43 Columbia Journal of Law & the Arts 517 (Summer, 2020) |
C1-2TABLE OF CONTENTS Introduction. 518 I. Background. 520 A. Why Disclosure?. 520 B. How Would Disclosure Occur?. 524 1. The Data Recipients. 525 2. The Regulated Platforms. 526 3. The Data. 526 II. Why a Data Disclosure Law Would Violate the Free Speech Clause. 527 A. The Platform's Speech Rights--Compelled Speech. 530 1. Free Speech and First... |
2020 |
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| Kori Cooper |
Why and How U.s. Law Schools Ought to Promote Inclusion of Black Scholars and Legal Practitioners in Chinese Legal Studies Programs |
120 Columbia Law Review Forum 250 (11/20/2020) |
Recent developments, such as incidents of legalized discrimination against Black expatriates, tourists, and students in China, raise questions about why Black scholars and legal practitioners are largely absent from global debate over how China's laws and legal institutions function. Despite the Supreme Court's opinion that U.S. law schools and the... |
2020 |
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| Vivian D. Wesson |
Why Facial Recognition Technology Is Flawed |
92-AUG New York State Bar Journal 20 (August, 2020) |
What do Steve Talley and Robert Julian-Borchak Williams have in common? Both men share the dubious distinction of false arrest by law enforcement using facial recognition technology. In December 2015, the Denver police using facial comparison technology falsely arrested Mr. Talley when he was identified as a suspect in an armed bank robbery. Prior... |
2020 |
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Wnba Players Wear 'Vote Warnock' Shirts in Support of Loeffler Democratic Challenger |
(8/4/2020) |
Players around the WNBA are wearing shirts in support of one of Sen. Kelly Loeffler's (R-Ga.) a co-owner of the league's Atlanta Dream Democratic challengers in Georgia's special Senate election in November. |
2020 |
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| Joya Misra |
Women, Politics, and Gender Inequality |
42 Western New England Law Review 397 (2020) |
Women's representation in U.S. politics has increased but remains substantially lower than in many other countries. This Article first examines the structural impediments to higher levels of women's representation, including how gender stereotypes may limit women's electoral success. Then, the focus shifts to how women's representation may and may... |
2020 |
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| Sean Flores |
You Write in Cursive, I Write in Graffiti: How #Blacklivesmatter Reorients Social Movement Legal Theory |
67 UCLA Law Review 1022 (October, 2020) |
We gon' be alright! --Baltimore This Comment compares and contrasts: (1) analyses and recommendations posited by longstanding Constitutional scholars discussing social movements, with (2) the efforts and achievements by the Black Lives Matter movement. Using the scholarship of Jack Balkin and Reva Siegel as examples, this Comment argues that... |
2020 |
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| Peter Hyndman |
"BODY CAMERAS WON'T BRING JUSTICE": WHY PENNSYLVANIA'S CHAPTER 67A DOES NOT PROMISE POLICE ACCOUNTABILITY |
91 Temple Law Review 321 (Winter, 2019) |
On August 9, 2014, Ferguson, Missouri, police officer Darren Wilson shot and killed Michael Brown, an unarmed, black eighteen-year-old. The killing sparked immediate and prolonged protests in Ferguson and elsewhere, with demonstrators taking to the streets to challenge what they viewed as yet another instance of police brutality against people of... |
2019 |
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| Erica Goldberg |
"GOOD ORTHODOXY" AND THE LEGACY OF BARNETTE |
13 FIU Law Review 639 (Spring, 2019) |
I. Introduction: What Would Barnette Do?. 639 II. Why the Good Orthodoxy Might Be Bad. 644 A. Cake Baking, Photograph Making, and Union Dues Taking. 645 B. Public Universities and Diversity Statements. 649 III. Approaching Modern Applications of Barnette. 656 A. Defining Speech. 657 B. Impermissible Motives, Dignitary Interests, and Unanimity of... |
2019 |
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| Seemantani Sharma |
"HOW TWEET IT IS!": HAVE TWITTER ARCHIVES BEEN LEFT IN THE DARK? |
2019 University of Illinois Journal of Law, Technology and Policy 49 (Spring, 2019) |
Social media is an increasingly prevalent method of communication. The information disseminated through these platforms is by nature ephemeral and at risk of loss. This has led institutions to build social media collections for posterity. The value of preserving social media for research purposes is increasingly important, yet significant legal... |
2019 |
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