| Author | Title | Citation | Summary | Year | Key Terms |
| Jane H. Aiken |
BEYOND THE DISORIENTING MOMENT |
26 Clinical Law Review 37 (Fall, 2019) |
These are overwhelming times for the law. Things that I have taken for granted as a lawyer--like facts, like principle, like truth and the adversary system-- all seem to be in play. Lawyers have a special role in ensuring that the rule of law is supported. Challenging rights deprivation is critical to a functioning democracy. Legal educators need... |
2019 |
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| Joseph W. Yockey |
BIAS RESPONSE ON CAMPUS |
48 Journal of Law and Education 1 (Winter, 2019) |
Bias Assessment and Response Teams (BARTs) are becoming ubiquitous at universities in the United States. These programs rely on administrative personnel to investigate and intervene in alleged bias incidents on campus. BART proponents maintain that the programs play an important role in promoting safety, diversity, and inclusivity. Critics, on the... |
2019 |
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| Roza E. Patterson |
BLACK BODIES DROWNING IN THE MEDITERRANEAN SEA: WHY DOES THE WORLD NOT CARE? |
23 UCLA Journal of International Law and Foreign Affairs 183 (Spring, 2019) |
In November 2014, Pope Francis urged European leaders to stop the Mediterranean Sea from becoming a vast cemetery for migrants. Known for its crystal-clear blue water, beautiful sunsets, and top vacation destinations, calling the Mediterranean Sea a cemetery seemed rather paradoxical. However, this sea has, in fact, become the graveyard for... |
2019 |
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| Nina W. Chernoff |
BLACK TO THE FUTURE: THE STATE ACTION DOCTRINE AND THE WHITE JURY |
58 Washburn Law Journal 103 (Winter, 2019) |
In 1967, Charles L. Black described the state action problem as the most important problem in American law. In 2019, racial inequality is one of the most critical problems in the American criminal justice system. This article demonstrates that Black's critique of state action doctrine applies with equal force to modern courts' analysis of... |
2019 |
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| Anthony V. Alfieri |
BLACK, POOR, AND GONE: CIVIL RIGHTS LAW'S INNER-CITY CRISIS |
54 Harvard Civil Rights-Civil Liberties Law Review 629 (Summer, 2019) |
In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call.... |
2019 |
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| Sinclaire Devereux Marber |
BLOODY FOUNDATION? ETHICAL AND LEGAL IMPLICATIONS OF (NOT) REMOVING THE EQUESTRIAN STATUE OF THEODORE ROOSEVELT AT THE AMERICAN MUSEUM OF NATURAL HISTORY |
43 Columbia Journal of Law & the Arts 85 (Fall, 2019) |
Now the statue is bleeding. We did not make it bleed. It is bloody at its very foundation. On October 26, 2017, protestors calling themselves the Monument Removal Brigade (MRB) splashed red paint on the base of a statue of Theodore Roosevelt outside the American Museum of Natural History (AMNH, Museum, or Natural History Museum) in New... |
2019 |
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| Brian Knudsen |
CAUSES AND CONSEQUENCES OF SEGREGATION |
28 Journal of Affordable Housing & Community Development Law 193 (2019) |
Segregation by Design: Local Politics and Inequality in American Cities By Jessica Trounstine Cambridge University Press 2018 282 pages. $99.99 (cloth); $29.99 (paper) Political scientist Jessica Trounstine, a leading scholar of American local government politics, has written a remarkable new book sure to become a must-read for academics,... |
2019 |
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| Scott Wong |
CBC lawmakers rip Justice Democrats for targeting black lawmakers for primaries |
2019 The Hill 3035420 (July 12, 2019) |
Congressional Black Caucus members are furious at Justice Democrats, accusing the outside progressive group aligned with firebrand Rep. Alexandria Ocasio-Cortez (D-N.Y.) of trying to oust lawmakers of color, specifically African American lawmakers. |
2019 |
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| Deborah L. Rhode |
CHARACTER IN CRIMINAL JUSTICE PROCEEDINGS: RETHINKING ITS ROLE IN RULES GOVERNING EVIDENCE, PUNISHMENT, PROSECUTORS, AND PAROLE |
45 American Journal of Criminal Law 353 (Spring, 2019) |
This article focuses on how flawed judgments about character contribute to fundamental problems in the American criminal justice system. The discussion begins by exploring how prohibitions on the use of character evidence to prove misconduct are riddled with limitations that undermine the purpose of the prohibition. Discussion then turns to the way... |
2019 |
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| Richard Delgado |
CHILDREN'S RIGHTS TO A LIVABLE FUTURE |
71 Alabama Law Review 261 (2019) |
Introduction: Introducing Rodrigo. 262 I. In Which Rodrigo Fills the Professor in on Recent Youth Movements. 264 II. Examples of Children's Movements. 268 III. Daddy, Please Stop Killing Me. 274 IV. Hearts of Stone? Eight Cautionary Tales. 276 A. Reason 1: Right-Wing Ideology. 277 B. Reason 2: Sociobiology. 278 C. Reason 3: Religion. 278 D.... |
2019 |
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| Atanu Das |
CHILLING SOCIAL MEDIA: WARRANTLESS BORDER SEARCHES OF SOCIAL MEDIA ACCOUNTS INFRINGE UPON THE FREEDOM OF ASSOCIATION AND THE FREEDOM TO BE ANONYMOUS UNDER THE FIRST AMENDMENT |
84 Brooklyn Law Review 1287 (Summer, 2019) |
In its landmark case, NAACP v. Alabama, the U.S. Supreme Court held that a person has the freedom of association under the First Amendment. That is, a person can associate with any group without government interference, intrusion, or intimidation. This freedom was promulgated from the freedom of speech and the freedom of assembly under the First... |
2019 |
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| Yishai Blank |
CITY SPEECH |
54 Harvard Civil Rights-Civil Liberties Law Review 365 (Summer, 2019) |
Cities speak. A rich array of expressive activities, city speech, surrounds us. Cities topple confederate monuments, fly LGBT pride flags on City Hall, erect monuments commemorating victims of sexual violence, and issue statements that oppose the policies of state and federal governments. They disseminate information concerning climate change,... |
2019 |
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City's Sign Ordinance Unconstitutional |
37 McQuillin Municpal Law Report 2 (July 1, 2019) |
In Willson v. City of Bel-Nor, Missouri, 924 F.3d 995 (8th Cir. 2019) (decided May 20, 2019), plaintiff challenged the Citys sign ordinance on First Amendment grounds after he had been charged with violating the ordinance. The Eighth Circuit Court of Appeals held that the ordinance, which restricted the number of signs displayed on private... |
2019 |
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| John Bowden |
Clip of Meadows saying send Obama back to 'Kenya or wherever' resurfaces after clash with Tlaib |
2019 The Hill 955958 (February 27, 2019) |
A heated exchange between Rep. Mark Meadows (R-N.C.) and Rep. Rashida Tlaib (D-Mich.) prompted Twitter users on Wednesday to resurface comments made by Meadows in 2012 about sending former President Obama home to Kenya or wherever it is."" |
2019 |
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| Oliver J. Kim |
COGS IN THE MACHINE: TWO COUNTRIES ATTEMPT TO BALANCE INDIVIDUALIZED CONCERNS IN THE PURSUIT OF PUBLIC HEALTH |
44 Southern Illinois University Law Journal 41 (Fall, 2019) |
Just like an online video going viral, healthcare can now be crowdsourced, providing a new method for public health officials to follow and analyze trends in a community's health. Indeed, by following the public's online searches, researchers can determine an individual's likelihood of developing an eating disorder, the effectiveness of flu... |
2019 |
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| Sonika R. Data |
COLORING IN THE GAPS OF TITLE VI: CLARIFYING THE PROTECTIONS AGAINST THE SKIN-COLOR CASTE SYSTEM |
107 Georgetown Law Journal 1393 (May, 2019) |
C1-2Table of Contents Introduction. 1394 I. What is Colorism and Why is it Important?. 1398 a. roots of colorism. 1398 1. Colorism as a Global Phenomenon. 1398 2. Slavery as America's Root in Colorism. 1400 b. present day colorism. 1402 1. Socioeconomic Differences. 1402 2. Employment Discrimination. 1403 3. Criminal Justice. 1404 4. School... |
2019 |
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| Melissa Murray |
CONSEQUENTIAL SEX: #METOO, MASTERPIECE CAKESHOP, AND PRIVATE SEXUAL REGULATION |
113 Northwestern University Law Review 825 (2019) |
Abstract--The last sixty years have ushered in a tectonic shift in American sexual culture, from the sexual revolution--with its liberal attitudes toward sex and sexuality--to a growing recognition of rape culture and sexual harassment. The responses to these changes in sexual culture have varied. Conservatives, for their part, bemoan the... |
2019 |
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| Osagie K. Obasogie , Zachary Newman |
CONSTITUTIONAL INTERPRETATION WITHOUT JUDGES: POLICE VIOLENCE, EXCESSIVE FORCE, AND REMAKING THE FOURTH AMENDMENT |
105 Virginia Law Review 425 (April, 2019) |
I. Introduction. 425 II. Endogeneity, the Fourth Amendment, and the Problem of Police Accountability. 428 A. Reasonableness and the Fourth Amendment. 428 B. Legal Endogeneity and Constitutional Law. 430 C. A Lack of Accountability. 434 III. Procedural Justice and Police Violence. 437 A. Divergent Perceptions and Police Mistrust. 437 B. What Is... |
2019 |
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| Kate Sablosky Elengold |
CONSUMER REMEDIES FOR CIVIL RIGHTS |
99 Boston University Law Review 587 (March, 2019) |
This Article considers whether the consumer protection doctrine offers a more promising avenue to remedying certain forms of discrimination than the antidiscrimination doctrine. Using a housing discrimination story as a case study, this Article breaks down the doctrinal trade-offs between seeking redress through a consumer protection claim and an... |
2019 |
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| Andrew Moshirnia |
COUNTERING PERNICIOUS IMAGES: MEMETIC VISUAL PROPAGANDA AND THE 2018 ELECTIONS |
50 Seton Hall Law Review 79 (2019) |
Russian disinformation attacks through social media increasingly involve genuine photos paired with inaccurate captions to create false news. The relative ease and devastating impact of this meme-based (memetic) method have led domestic actors to adopt these same informational warfare tactics. This is apparent in an examination of the conservative... |
2019 |
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| Marvin L. Astrada |
DEATH, LAW & POLITICS: THE EFFECTS OF EMBRACING A LIBERTY-RESTRICTIVE vs. A LIBERTY-ENHANCING INTERPRETATION OF HABEAS CORPUS |
48 University of Baltimore Law Review 147 (Spring, 2019) |
Habeas corpus, commonly referred to as the [G]reat [W]rit, essentially prevents the State from unlawfully depriving a subject of its liberty. Habeas played a fundamental role in the development of American law since the inception of the United States. Habeas, inherited from the English common law, has remained a mainstay of U.S. criminal law and... |
2019 |
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| Addie C. Rolnick |
DEFENDING WHITE SPACE |
40 Cardozo Law Review 1639 (April, 2019) |
What I knew then, what black people have been required to know, is that there are few things more dangerous than the perception that one is a danger. --Jelani Cobb, Between the World and Ferguson Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions--ranging from body cameras to... |
2019 |
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| Alexander Tsesis |
DELIBERATIVE DEMOCRACY, TRUTH, AND HOLMESIAN SOCIAL DARWINISM |
72 SMU Law Review 495 (Summer, 2019) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 495 II. MARKETPLACE OF IDEAS FRAMEWORK. 496 III. CONSTRUCTIVE TRUTHS VS. DESTRUCTIVE MESSAGES. 503 IV. TRUTH AND DELIBERATIVE DEMOCRACY. 508 V. CONCLUSION. 510 |
2019 |
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| Runa Rajagopal |
DIARY OF A CIVIL PUBLIC DEFENDER: CRITICAL LESSONS FOR ACHIEVING TRANSFORMATIVE CHANGE ON BEHALF OF COMMUNITIES |
46 Fordham Urban Law Journal 876 (June, 2019) |
Introduction. 876 I. Lesson 1: Myth Versus Reality--Crime Is Not What You Think It Is. 881 A. Criminality and the War on Drugs. 885 B. Bias by Police, Prosecutors, and Judges in the Criminal Court Process. 887 II. Lesson 2: Poverty Is a Pipeline to Systems Involvement. 890 III. Lesson 3: No Civil Consequence Is Collateral. 893 IV. Lesson 4: We... |
2019 |
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| Dorothy E. Roberts |
DIGITIZING THE CARCERAL STATE: AUTOMATING INEQUALITY: HOW HIGH-TECH TOOLS PROFILE, POLICE, AND PUNISH THE POOR. BY VIRGINIA EUBANKS. NEW YORK, N.Y.: ST. MARTIN'S PRESS. 2018. PP. 260. $26.99 |
132 Harvard Law Review 1695 (April, 2019) |
Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local, state, and federal levels increasingly make automated decisions based on vast collections of digitized information about individuals and mathematical algorithms that both... |
2019 |
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| Nancy Chi Cantalupo |
DOG WHISTLES AND BEACHHEADS: THE TRUMP ADMINISTRATION, SEXUAL VIOLENCE, AND STUDENT DISCIPLINE IN EDUCATION |
54 Wake Forest Law Review 303 (Spring, 2019) |
Beachhead: A defended position on a beach taken from the enemy by landing forces, from which an attack can be launched. --Oxford English Dictionary Beachhead: A strategy to infiltrate academia, push back Obama-era policies, undermine collective civil rights, and impose large-scale federal deregulation. --Dr. Anne McClintock, Who's Afraid of... |
2019 |
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| Brian Mahoney |
ELIAS v. ROLLING STONE: SMALL-GROUP DEFAMATION IN AN INVESTIGATIVE AGE |
91 Temple Law Review 643 (Spring, 2019) |
One of the media's most powerful attributes in recent years has been its ability to put pressure on groups to reform themselves. An unfettered social media enabled Black Lives Matter activists to protest institutionalized police violence and seek nationwide reform. Upstart news websites like BuzzFeed sparked a nationwide conversation on the... |
2019 |
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| Sarah Fox |
ENVIRONMENTAL GENTRIFICATION |
90 University of Colorado Law Review 803 (Summer, 2019) |
Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to... |
2019 |
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| Allegra M. McLeod |
ENVISIONING ABOLITION DEMOCRACY |
132 Harvard Law Review 1613 (April, 2019) |
What is, so to speak, the object of abolition? Not so much the abolition of prisons but the abolition of a society that could have prisons, that could have slavery, that could have the wage, and therefore not abolition as the elimination of anything but abolition as the founding of a new society. --Fred Moten & Stefano Harney, The University and... |
2019 |
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| James M. Doyle |
ESSAY: A "SAFETY MODEL" PERSPECTIVE CAN AID DIAGNOSIS, PREVENTION, AND RESTORATION AFTER CRIMINAL JUSTICE HARMS |
59 Santa Clara Law Review 107 (2019) |
C1-2Table of Contents Introduction. 107 1. The Safety Perspective on Public Safety. 108 2. The Safety Perspective and Diagnosing Unsafe Outcomes. 114 3. The Prevention Potential In Forward-Looking Accountability. 117 4. Participation, Collaboration, Restoration. 126 5. A Safety Place. 132 |
2019 |
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