| Author | Title | Citation | Summary | Year | Key Terms |
| Jakobi Williams |
"YOU CAN KILL THE REVOLUTIONARY, BUT YOU CAN'T KILL THE REVOLUTION": A REFLECTION ON DEPUTY CHAIRMAN FRED HAMPTON'S LIFE AND LEGACY 50 YEARS AFTER HIS ASSASSINATION |
35 Harvard Blackletter Law Journal 77 (Spring, 2019) |
Deputy Chairman Fred Hampton of the Illinois Chapter of the Black Panther Party (ILBPP) is the most important political figure in the twentieth century that most people today have yet to learn about. Hampton believed that racism is a derivative of capitalism and that America could never live up to its democratic ideals and principles under... |
2019 |
|
| Jamillah Bowman Williams, J.D., Ph.D. , Lisa Singh, Ph.D. , Naomi Mezey, J.D. |
#METOO AS CATALYST: A GLIMPSE INTO 21 CENTURY ACTIVISM |
2019 University of Chicago Legal Forum 371 (2019) |
The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This online phenomenon, which has largely involved posting on Twitter and retweeting to share other's posts has revealed crucial information about the... |
2019 |
|
| Theresa Zhen |
(COLOR)BLIND REFORM: HOW ABILITY-TO-PAY DETERMINATIONS ARE INADEQUATE TO TRANSFORM A RACIALIZED SYSTEM OF PENAL DEBT |
43 New York University Review of Law and Social Change 175 (2019) |
As economic sanctions imposed with a criminal conviction proliferate nationwide, reformers have fought for and won the institutionalization of ability-to-pay determinations. While often viewed as a victory in the effort to end the criminalization of poverty, there is a substantial risk that ability-to-pay determinations may actually exacerbate the... |
2019 |
|
| Sarah Deer |
(EN)GENDERING INDIAN LAW: INDIGENOUS FEMINIST LEGAL THEORY IN THE UNITED STATES |
31 Yale Journal of Law & Feminism 1 (2019) |
Abstract: American Federal Indian law is often mistakenly assumed to be a gender-neutral discipline. Although Native women suffer disproportionately from numerous maladies, Indian law practitioners rarely engage with questions of gender discrimination or intersectional oppression. Several Canadian scholars have begun to explicate indigenous... |
2019 |
|
| Kathryn A. Sabbeth |
(UNDER)ENFORCEMENT OF POOR TENANTS' RIGHTS |
27 Georgetown Journal on Poverty Law and Policy 97 (Fall, 2019) |
Millions of tenants in the United States reside in substandard housing conditions ranging from toxic mold to the absence of heat, running water, or electricity. These conditions constitute blatant violations of law. The failure to maintain housing in habitable condition can violate the warranty of habitability, common law torts, and, in some cases,... |
2019 |
|
| Lesley Wexler |
2018 SYMPOSIUM LECTURE: #METOO AND PROCEDURAL JUSTICE |
22 Richmond Public Interest Law Review 13 (April 23, 2019) |
Thank you so much, Riley Henry, for all of the help in putting this symposium, and to the University of Richmond Law School, and to the Public Interest Law Review for putting on this very timely panel. I am a lawyer, but I've been a professor for almost as long as I've been a lawyer, so I tend to think of law questions sometimes as non-law... |
2019 |
|
| Nicola Soekoe |
A MORE POSSIBLE MEETING: INITIAL REFLECTIONS ON ENGAGING (AS) THE OPPRESSOR |
20 Yale Human Rights and Development Law Journal 43 (2019) |
We have chosen each other and the edge of each other's battles the war is the same if we lose someday women's blood will congeal upon a dead planet if we win there is no telling we seek beyond history for a new and more possible meeting. Audre Lorde, excerpt of Outlines In the poem included above, civil rights poet, activist, and revolutionary... |
2019 |
|
| Brianna Hathaway |
A NECESSARY EXPANSION OF STATE POWER: A "PATTERN OR PRACTICE" OF FAILED ACCOUNTABILITY |
44 New York University Review of Law and Social Change 61 (2019) |
Too often do we hear of a person of color, frequently a Black man, dying at the hands of the police. Too often do we dismiss the tragedy as an isolated event. And too often do we learn that our criminal justice system has failed to provide meaningful redress. Local prosecutors work closely and develop strong ties with the police, leading to a... |
2019 |
|
| Ann Ravel |
A NEW KIND OF VOTER SUPPRESSION IN MODERN ELECTIONS |
49 University of Memphis Law Review 1019 (Summer, 2019) |
I. Introduction. 1019 II. Political Trust. 1025 III. Campaign Finance Policy Causes People to Stay Away from the Polls. 1028 A. Pivotal Supreme Court Decisions. 1032 B. Dark Money. 1040 C. FEC Deadlock. 1042 IV. Elected Official Voter Engagement. 1045 V. Socialmedia and its Role in Voter Suppression. 1049 VI. Election Management. 1056 VII. What Can... |
2019 |
|
| Claire Ashley Saba |
A ROADMAP FOR COMPREHENSIVE CRIMINAL JUSTICE REFORM TO EMPLOY EX-OFFENDERS: BEYOND TITLE VII AND BAN THE BOX |
56 American Criminal Law Review 547 (Spring, 2019) |
This Note argues that the federal government needs to go beyond Ban the Box and Title VII in order to address one facet of America's mass incarceration by promoting employment of ex-offenders. While Title VII addresses racial employment discrimination against Black ex-offenders, Title VII is a patchwork solution to a larger problem. Though useful... |
2019 |
|
| Bradley S. Abramson |
ABA MODEL RULE 8.4(G): CONSTITUTIONAL AND OTHER CONCERNS FOR MATRIMONIAL LAWYERS |
31 Journal of the American Academy of Matrimonial Lawyers 283 (2019) |
At its 2016 Annual Convention the American Bar Association (ABA) adopted an amendment to the ABA Model Rules of Professional Conduct, adding a new subsection (g) to Rule 8.4, the Model Attorney Misconduct Rule. The new Rule makes it a violation of the Rules of Professional Conduct for lawyers to engage in harassment or discrimination in conduct... |
2019 |
|
| Patrisse Cullors |
ABOLITION AND REPARATIONS: HISTORIES OF RESISTANCE, TRANSFORMATIVE JUSTICE, AND ACCOUNTABILITY |
132 Harvard Law Review 1684 (April, 2019) |
The historical context of abolition is minimally understood, either in today's social movements or in U.S. society more broadly. For our political strategies and struggles against racism, patriarchy, and capitalism to be effective, we must deeply ground ourselves in an abolitionist vision and praxis. The combination of theory and practice takes... |
2019 |
|
| Dylan RodrÃguez |
ABOLITION AS PRAXIS OF HUMAN BEING: A FOREWORD |
132 Harvard Law Review 1575 (April, 2019) |
What are the historical conditions and political imperatives of abolition as a contemporary praxis? How does abolition generate a radical critique of carceral power--of incarceration as a logic of state and social formation? What are the limitations of liberal-to-progressive demands to reform (allegedly) dysfunctional and/or scandalous systems... |
2019 |
|
| Clare Huntington |
ABORTION TALK |
117 Michigan Law Review 1043 (April, 2019) |
About Abortion: Terminating Pregnancy in Twenty-First-Century America. By Carol Sanger. Cambridge and London: Harvard University Press. 2017. Pp. xv, 238. $29.95. Public service announcements routinely note that one in eight women will be diagnosed with breast cancer. Advocates frequently invoke the twenty percent wage gap between men and women.... |
2019 |
|
| Jessica Horan-Block, Elizabeth Tuttle Newman |
ACCIDENTS HAPPEN: EXPOSING FALLACIES IN CHILD PROTECTION ABUSE CASES AND REUNITING FAMILIES THROUGH AGGRESSIVE LITIGATION |
22 CUNY Law Review 382 (Summer, 2019) |
Introduction. 383 I. Shift to Early and Aggressive Litigation in the Bronx Defenders' Abuse Cases. 385 A. Multiple Fractures in Three-Month-Old Baby: Protracted Litigation Exposes Medical Overreach. 386 B. Challenging Abuse Allegations at Case Outset: Proving an Infant Skull Fracture Is Accidental. 388 II. A Framework of Bronx Child Protection... |
2019 |
|
| I. Bennett Capers |
AFROFUTURISM, CRITICAL RACE THEORY, AND POLICING IN THE YEAR 2044 |
94 New York University Law Review 1 (April, 2019) |
In 2044, the United States is projected to become a majority-minority country, with people of color making up more than half of the population. And yet in the public imagination--from Robocop to Minority Report, from Star Trek to Star Wars, from A Clockwork Orange to 1984 to Brave New World--the future is usually envisioned as majority white.... |
2019 |
|
| Steven W. Bender , Francisco Valdes , Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona |
AFTERWORD WHAT'S NEXT? INTO A THIRD DECADE OF LATCRIT THEORY, COMMUNITY, AND PRAXIS |
9 University of Miami Race & Social Justice Law Review 141 (Spring, 2019) |
I. Introduction. 142 II. Origins and Anchors. 146 A. The Fundamental Role of the Annual/Biennial Conference. 146 B. The Continuing Need for Critical Outsider Pipelines and Networking. 152 C. The Centrality of Knowledge Production to the LatCrit Mission. 158 D. The Equal Centrality of Critical Pedagogy to the LatCrit Mission. 162 III. Priorities and... |
2019 |
|
| Harvey Gee |
ALMOST GONE: THE VANISHING FOURTH AMENDMENT'S ALLOWANCE OF STINGRAY SURVEILLANCE IN A POST-CARPENTER AGE |
28 Southern California Review of Law & Social Justice 409 (Summer, 2019) |
C1-2TABLE OF CONTENTS I. FOURTH AMENDMENT JURISPRUDENCE AND THE LACK OF POLICE ACCOUNTABILITY IN TRAFFIC STOPS. 412 II. BEYOND TERRY V. OHIO: FROM ONE-ON-ONE ENCOUNTERS TO PROACTIVE LARGE-SCALE STOP AND FRISKS ON THE STREETS WITHIN A POLICE STATE. 417 III. DIGITAL UPGRADE: SURVEILLANCE STATE TECHNOLOGY AND REFRAMING THE SUPREME COURT'S FOURTH... |
2019 |
|
| Michael M. Oswalt |
ALT-BARGAINING |
82 Law and Contemporary Problems 89 (2019) |
Reflections on the modern labor movement tend to take a bad-news/good-news approach to the future: yes, unions are down, but a new trend suggests they are far from out. The framing is optimistic, but also right. What's new has often involved innovations in unionizing, and over the past three decades organized labor has gotten creative, taken... |
2019 |
|
| |
Alt-Right Threaten Both Partners and Police |
25 National Bulletin on Domestic Violence Prevention 10 (July 1, 2019) |
Three Auburn, Alabama, police officers were shot, one killed, responding to DV. When the officers arrived at the scene, Grady Wilkes emerged from a house wearing body armor and opened fire. He was eventually apprehended nine hours later and charged with shooting the officers as well as strangulation and DV assault charges for his assault on a woman... |
2019 |
|
| Kate Andrias |
AN AMERICAN APPROACH TO SOCIAL DEMOCRACY: THE FORGOTTEN PROMISE OF THE FAIR LABOR STANDARDS ACT |
128 Yale Law Journal 616 (January, 2019) |
There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation's growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American--in deep conflict with our traditions and our governing legal... |
2019 |
|
| Luna Martinez G. |
AN IDENTITY PROBLEM: CAN LAW SCHOOL BE A TOOL FOR SOCIAL CHANGE? |
29 Berkeley La Raza Law Journal 31 (2019) |
6:00-6:45 am: Alexa tells me the weather, plays the Word of the Day, gives me the NPR News brief, turns on the lights. I wake up. My desk is littered with handouts from the networking workshop last night, hosted by BigLawFirm. I hop on my bike, listen to The Daily podcast on the way to school. 6:45-7:00 am: I check the fridge in the Student Center.... |
2019 |
|
| Nancy Chi Cantalupo |
AND EVEN MORE OF US ARE BRAVE: INTERSECTIONALITY & SEXUAL HARASSMENT OF WOMEN STUDENTS OF COLOR |
42 Harvard Journal of Law & Gender 1 (Winter, 2019) |
Events in 2017 highlighted both celebrations of and contests over intersectionality and civil rights. In September 2017, the U.S. Department of Education rescinded Obama-era guidance on sexual harassment and replaced it with interim guidance that allows schools to set different evidentiary standards for investigations of sexual and racial... |
2019 |
|
| Shalanda H. Baker |
ANTI-RESILIENCE: A ROADMAP FOR TRANSFORMATIONAL JUSTICE WITHIN THE ENERGY SYSTEM |
54 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 2019) |
Climate change mitigation and adaptation require a transition of the energy system from one that relies on fossil fuels and is vulnerable to major climate events to one that is dependent on renewable energy resources and able to withstand climate extremes. Resilience has emerged as a conceptual frame to drive both climate and energy policy in this... |
2019 |
|
| V. Noah Gimbel , Craig Muhammad |
ARE POLICE OBSOLETE? BREAKING CYCLES OF VIOLENCE THROUGH ABOLITION DEMOCRACY |
40 Cardozo Law Review 1453 (April, 2019) |
On February 5, 2018, Baltimore activists organized a successful cease-fire weekend, during which no one was killed--and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into... |
2019 |
|
| |
Around the Nation |
46 School Law Bulletin 5 (June 10, 2019) |
East Middle School in New York is facing a lawsuit along with the Binghamton City School District (BCSD) brought by the parents of four girls who claim that they were subjected to strip searches at school by their principal, assistant principal, and school nurse. These searches were conducted without the girls consent, and were done without... |
2019 |
|
| |
ARTICLE II. JUDICIAL NOTICE. |
44 Federal Rules of Evidence Newsletter 2 (September 1, 2019) |
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 the Black Lives Matter, the group associated with the protest. The district court dismissed the action, and the officer appealed to the Fifth Circuit on the ground, inter alia,... |
2019 |
|
| Matthew B. Kugler , Lior Jacob Strahilevitz |
ASSESSING THE EMPIRICAL UPSIDE OF PERSONALIZED CRIMINAL PROCEDURE |
86 University of Chicago Law Review 489 (March, 2019) |
Though personalization of law is often viewed as a new idea, pockets of criminal procedure already tolerate it. Many courts have held that Miranda warnings must be tailored when read to juveniles or people with limited English proficiency; a suspect's age is necessarily part of the judicial calculus when determining whether the police's questioning... |
2019 |
|
| Taylor Emory |
BARRING ACCESS TO THE TRUTH: NORTH CAROLINA'S LIMITING APPROACH TO POLICE BODY-CAMERA FOOTAGE |
41 Campbell Law Review 483 (Spring, 2019) |
Police body-cameras are innovative, truth-detecting tools. When it comes to controversial citizen-law enforcement interactions, they can depict an accurate portrayal of the events. No speculation, no controversy--just the truth. And with the truth, the existing tension between law enforcement officials and the general populace can begin to ease.... |
2019 |
|
| Anders Walker |
BEYOND INTEGRATION: FORWARD THROUGH FERGUSON/BACKWARD THROUGH BROWN |
63 Saint Louis University Law Journal 565 (Summer, 2019) |
Three months after the death of Michael Brown, Missouri Governor Jay Nixon appointed a commission to study racial inequality in St. Louis. The ensuing report, styled Forward Through Ferguson, advanced 189 calls to action aimed at addressing racial disparities in the region, including reforms to criminal justice, youth services, and education.... |
2019 |
|