| Author | Title | Citation | Summary | Year | Key Terms |
| Jonathan Simon |
EXPLICIT BIAS: WHY CRIMINAL JUSTICE REFORM REQUIRES US TO CHALLENGE CRIME CONTROL STRATEGIES THAT ARE ANYTHING BUT RACE BLIND |
54 Tulsa Law Review 331 (Winter, 2019) |
Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America (Harvard University Press 2017). Pp.464. Paperback $18.95. Nicole Gonzalez Van Cleve, Crook County: Racism and Injustice in America's Largest Criminal Court (Stanford University Press 2016). Pp. 272. Hardcover $16.95. These books rely upon... |
2019 |
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| Henry Kenyon, CQ Roll Call |
Facebook must clamp down on police-created fake accounts, rights group says |
2019 CQ Roll Call Washington Data Privacy Briefing (April 16, 2019) |
Facebook, Inc., needs to take tougher steps to prevent law enforcement agencies from setting up fake user profiles to spy on users and user groups, a digital rights group says. |
2019 |
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| Allison Denton |
FAKE NEWS: THE LEGALITY OF THE RUSSIAN 2016 FACEBOOK INFLUENCE CAMPAIGN |
37 Boston University International Law Journal 183 (Spring, 2019) |
From the Internet Research Agency's office building in Saint Petersburg, Russia, a number of Russian hackers created fake Facebook profiles of American citizens and used these profiles to purchase and design politically divisive Facebook advertisements. Likely backed by the Russian government, Agency hackers intended to use the fake advertisements... |
2019 |
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| Joshua R. Fattal |
FARA ON FACEBOOK: MODERNIZING THE FOREIGN AGENTS REGISTRATION ACT TO ADDRESS PROPAGANDISTS ON SOCIAL MEDIA |
21 NYU Journal of Legislation and Public Policy 903 (2018-2019) |
In court filings in 2018, Special Counsel Robert S. Mueller III claimed that Russian social media disinformation actors during and after the 2016 election did not fulfill their obligation to register as agents of a foreign principal under the Foreign Agents Registration Act (FARA), the primary federal law concerning the political activities of... |
2019 |
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FIFTIETH SELECTED BIBLIOGRAPHY ON COMPUTERS, TECHNOLOGY, AND THE LAW |
45 Rutgers Computer and Technology Law Journal 169 (2019) |
Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed to be a research guide to assist our readers in searching for recent articles on computer and technology law. This year's annual Bibliography contains nearly 1000... |
2019 |
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First Amendment |
27 Police Department Disciplinary Bulletin 1 (June 1, 2019) |
Citation: Sabatini v. Las Vegas Metropolitan Police Department, 2019 WL 1261362 (D. Nev. 2019) John Sabatini was a Las Vegas Metropolitan Police Department (Metro) officer who was disciplined for posting material on Facebook that violated the departments social-media policy. Sabatini, a now-retired corrections officer, made over two dozen posts on... |
2019 |
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| Clay Calvert |
FIRST AMENDMENT ENVELOPE PUSHERS: REVISITING THE INCITEMENT-TO-VIOLENCE TEST WITH MESSRS. BRANDENBURG, TRUMP, & SPENCER |
51 Connecticut Law Review 117 (February, 2019) |
This Article examines weaknesses with the United States Supreme Court's Brandenburg v. Ohio incitement test as its fiftieth anniversary approaches. A lawsuit targeting Donald Trump, as well as multiple cases pitting white nationalist Richard Spencer against public universities, provide timely springboards for analysis. Specifically, In re Trump: 1)... |
2019 |
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FIRST AMENDMENT--FREEDOM OF SPEECH--RETALIATORY ARREST--NIEVES v. BARTLETT |
133 Harvard Law Review 272 (November, 2019) |
Police officers violate the First Amendment when they arrest individuals in retaliation for protected speech, but the First Amendment is not an impenetrable shield. In general, to sue a government actor for retaliatory arrest, a plaintiff must show three things: that he was injured, that the government acted against him with retaliatory animus,... |
2019 |
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| Lee Epstein |
FIVE RECOMMENDATIONS |
9 Journal of Law: A Periodical Laboratory of Legal Scholarship 208 (2019) |
Robert J. Hume Ethics and Accountability on the U.S. Supreme Court: An Analysis of Recusal Practices (SUNY Press 2017) Controversies over recusals--more precisely, failures to recuse--flare up every now and then. Who can forget the Scalia-Cheney duck-hunting saga? Or calls for Kagan and Thomas to step out of the Obamacare litigation, which... |
2019 |
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| Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez Martínez |
FOREWORD TO LATCRIT 2017 SYMPOSIUM: WHAT'S NEXT? RESISTANCE RESILIENCE AND COMMUNITY IN THE TRUMP ERA |
9 University of Miami Race & Social Justice Law Review 1 (Spring, 2019) |
I. Introduction. 2 II. Unprecedented, Unprincipled, Unprofessional: The Rise of the Trump Administration in the United States. 8 III. Constellations of Resistance: How Persisting and Emerging Social Movement Actors are Fighting Back. 15 IV. Gathering Together for LatCrit XXI: What's Next?. 21 V. The Symposium Pieces: The Spirit of Resistance and... |
2019 |
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| Dorothy E. Roberts |
FOREWORD: ABOLITION CONSTITUTIONALISM |
133 Harvard Law Review 1 (November, 2019) |
C1-3CONTENTS L1-2Introduction . R33. I. The New Abolitionists. 11 A. The Prison Industrial Complex and the Carceral State. 12 B. Abolition Praxis: Past, Present, Future. 19 1. Slavery Origins. 19 (a) Police. 20 (b) Prisons. 29 (c) Death Penalty. 38 2. Not a Malfunction.. 42 3. A Society Without Prisons.. 43 C. The Unfinished Abolition Struggle. 48... |
2019 |
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| Steven Zeidman |
FROM DROPSY TO TESTILYING: PROSECUTORIAL APATHY, ENNUI, OR COMPLICITY? |
16 Ohio State Journal of Criminal Law 423 (Spring, 2019) |
To meet his constitutional and ethical obligations, a prosecutor should . approach the preparation of a case with a healthy skepticism . He should not assume his witnesses are telling the truth . The often close relationship between prosecutors and police make detection of police fabrication unlikely. [Manhattan District Attorney] Vance's... |
2019 |
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| Farrah Bara |
FROM MEMPHIS, WITH LOVE: A MODEL TO PROTECT PROTESTERS IN THE AGE OF SURVEILLANCE |
69 Duke Law Journal 197 (October, 2019) |
In 1978, after two years of contentious litigation, the City of Memphis entered into a unique agreement with its citizens: it signed a consent decree, stipulating that it would halt its interference with First Amendment-protected activities. More specifically, the Consent Decree barred the City from surveilling protesters--the very conduct that... |
2019 |
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| Steven L. Nelson , Ray Orlando Williams |
FROM SLAVE CODES TO EDUCATIONAL RACISM: URBAN EDUCATION POLICY IN THE UNITED STATES AS THE DISPOSSESSION, CONTAINMENT, DEHUMANIZATION, AND DISENFRANCHISEMENT OF BLACK PEOPLES |
19 Journal of Law in Society 82 (Spring, 2019) |
In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in... |
2019 |
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| Jenny E. Carroll |
GRAFFITI, SPEECH, AND CRIME |
103 Minnesota Law Review 1285 (February, 2019) |
Graffiti resides at the uncomfortable intersection of criminal law and free speech. Graffiti is not the shout of revolution to the gathered, protesting masses, or the political pamphlet flung from a 1920s window. It is not the obscene-rendered-political- jacketed protest of war, or a flag set aflame in the name of reclaiming patriotism. It is an... |
2019 |
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| Alicia L. Granse |
GUN CONTROL AND THE COLOR OF THE LAW |
37 Law & Inequality: A Journal of Theory and Practice 387 (Summer, 2019) |
There is a world of difference between thirty million unarmed, submissive Black people and thirty million Black people armed with freedom and defense guns and the strategic methods of liberation. - Huey P. Newton, June 20, 1967 In August of 2017, then-St. Paul, Minnesota mayoral candidate Melvin Carter's home was burglarized. A lockbox containing... |
2019 |
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| Ryan D. King, Michael T. Light |
HAVE RACIAL AND ETHNIC DISPARITIES IN SENTENCING DECLINED? |
48 Crime and Justice 365 (2019) |
Blacks and Hispanics convicted of felonies are more likely than whites to receive prison sentences for their crimes, and they receive slightly longer sentences if imprisoned. Yet the majority of prior research compares sentencing decisions at a single point in time and does not give explicit attention to whether and how racial and ethnic... |
2019 |
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HIGHLIGHTS |
44 Federal Rules of Evidence Newsletter 1 (September 1, 2019) |
The September 2019 issue of Federal Rules of Evidence News discusses several recent federal court decisions involving the Federal Rules of Evidence, including: RULES CONSTRUED IN THIS ISSUE: 201, 401, 403, 404, 611, 702, 801, 802, 803, 807 |
2019 |
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| Isabel Bilotta , AbCorrington , Saaid A. Mendoza , Ivy Watson , Eden King |
HOW SUBTLE BIAS INFECTS THE LAW |
15 Annual Review of Law and Social Science 227 (2019) |
subtle bias, law, decision making, selection This review describes the ways in which contemporary forms of prejudice and stereotypes, which are often subtle and unconscious, give rise to critical problems throughout the legal system. This summary highlights dominant themes and understudied issues at the intersection of legal and psychological... |
2019 |
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| JoAnn Kamuf Ward, Catherine Coleman Flowers |
HOW THE TRUMP ADMINISTRATION'S EFFORTS TO REDEFINE HUMAN RIGHTS THREATEN ECONOMIC, SOCIAL, AND RACIAL JUSTICE |
4 Columbia Human Rights Law Review Online 1 (November 13, 2019) |
In July of 2019, the United States established a federal advisory commission that is poised to undercut economic and social rights protections by narrowly re-defining human rights to exclude them. Limiting the interpretation of human rights in this way has profound implications for human rights norms and for advocates. This limitation undercuts the... |
2019 |
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| Marcus R. Nemeth |
HOW WAS THAT REASONABLE? THE MISGUIDED DEVELOPMENT OF QUALIFIED IMMUNITY AND EXCESSIVE FORCE BY LAW ENFORCEMENT OFFICERS |
60 Boston College Law Review 989 (March, 2019) |
Abstract: Under the qualified immunity doctrine, current policy shields law enforcement officers who utilize excessive force against ordinary American citizens. As a result, police departments and enforcement officers lack incentives to change their behavior, leaving victims and grieving families powerless in the face of an unforgiving legal... |
2019 |
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| Laura Rene McNeal |
HUSH DON'T SAY A WORD: SAFEGUARDING STUDENTS' FREEDOM OF EXPRESSION IN THE TRUMP ERA |
35 Georgia State University Law Review 251 (Winter, 2019) |
The controversy surrounding NFL player Colin Kaepernick's act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick's symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong... |
2019 |
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| M. Annie Houghton-Larsen |
I PAID FOR A WHITE BABY: HOW ASSISTED REPRODUCTIVE TECHNOLOGIES REPRODUCE WHITE SUPREMACY |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 161 (Fall, 2019) |
The white genetic tie--if free from any trace of blackness--is an extremely valuable attribute entitling a child to a privileged status. --Dorothy Roberts, Killing the Black Body: Race, Production, and the Meaning of Liberty C1-3Table of Contents L1-2Introduction . L3161 I. Assisted Reproduction in America. 163 A. Assisted Reproductive... |
2019 |
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IDEAS AND TRENDS |
47 HDR Current Developments 4 (December 13, 2019) |
On October 23, the House Financial Services Committee held at a full Committee hearing with sole witness Mark Zuckerberg, Chairman and CEO of Facebook, entitled, An Examination of Facebook and Its Impact on the Financial Services and Housing Sectors. Facebook plans to create a digital currency, Libra, and a digital wallet, Calibra. Democrats have... |
2019 |
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| Aleena Aspervil |
IF THE FEDS WATCHING: THE FBI'S USE OF A "BLACK IDENTITY EXTREMIST" DOMESTIC TERRORISM DESIGNATION TO TARGET BLACK ACTIVISTS & VIOLATE EQUAL PROTECTION |
62 Howard Law Journal 907 (Spring, 2019) |
INTRODUCTION. 908 I. THE FBI'S REPRESSIVE HISTORY AND ITS GOVERNING GUIDELINES. 911 A. The FBI Has a History of Targeting and Using Harsher Methods for Black Dissent. 911 1. COINTELPRO - White Hate Group. 912 2. COINTELPRO - Black Nationalist/Hate Group. 914 B. The FBI's Governing Guidelines. 916 1. Attorney General Guidelines. 917 II. DOMESTIC... |
2019 |
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| Karla McKanders |
IMMIGRATION AND BLACKNESS |
44 Human Rights 20 (2019) |
Ms. L and her daughter S.S. entered the United States to apply for asylum in November 2017. The Catholic Church helped them flee persecution from their home country. They traveled through 10 countries over four months and requested asylum when they legally presented themselves at a port of entry near San Diego. Ms. L entered California along with... |
2019 |
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| Sarah Valentine |
IMPOVERISHED ALGORITHMS: MISGUIDED GOVERNMENTS, FLAWED TECHNOLOGIES, AND SOCIAL CONTROL |
46 Fordham Urban Law Journal 364 (April, 2019) |
This Article posits that governments deploy algorithms as social control mechanisms to contain and criminalize marginalized populations. Though recognition of the dangers inherent in misuse of big data and predictive analytics is growing, governments and scholars alike have not paid sufficient attention to how these systems inevitably target the... |
2019 |
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| Angel E. Sanchez |
IN SPITE OF PRISON |
132 Harvard Law Review 1650 (April, 2019) |
How does a former gang-banging, gun-toting Latino serving a thirty-year prison sentence, the product of an elderly uneducated immigrant father and a drug-addicted mother, go from a prison cell to law school? It was not because of prison, but in spite of it. The prosecutor is offering you a plea deal of seven years in juvenile prison, and if you... |
2019 |
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| Dr. JoAnne Sweeny |
INCITEMENT IN THE ERA OF TRUMP AND CHARLOTTESVILLE |
47 Capital University Law Review 585 (Summer, 2019) |
In the wake of several violent rallies in 2016 and 2017, debate over incitement cases has begun to appear in the news and the courts. Incitement is a historic exception to the First Amendment that has been rarely used except in times of political unrest. Unsurprisingly, then, as political unrest has re-emerged in the wake of Donald Trump's... |
2019 |
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| Ryan Hartzell C. Balisacan |
INCORPORATING POLICE PROVOCATION INTO THE FOURTH AMENDMENT "REASONABLENESS" CALCULUS: A PROPOSED POST-MENDEZ AGENDA |
54 Harvard Civil Rights-Civil Liberties Law Review 327 (Winter, 2019) |
When police officers provoke a violent encounter that leads to the shooting of a civilian, should they be held liable for damages? Intuitive notions of justice suggest that they should, but Fourth Amendment jurisprudence has yet to provide a clear answer. Circuits split on whether courts can consider officers' earlier provocations. Using a... |
2019 |
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