| Author | Title | Citation | Summary | Year | Key Terms |
| |
POST-PANEL COMMENTARY |
13 FIU Law Review 853 (Spring, 2019) |
These passages are generated from the commentary that followed each panel at the symposium. Because these remarks are the product of transcriptions from audio recordings, we ask that you please excuse any errors. Some portions have been omitted where the author's message was unclear. Any inaudible portions in the commentary that did not detract... |
2019 |
|
| Ekow N. Yankah |
PRETEXT AND JUSTIFICATION: REPUBLICANISM, POLICING, AND RACE |
40 Cardozo Law Review 1543 (April, 2019) |
On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath... |
2019 |
|
| Rachel Levinson-Waldman |
PRIVATE EYES, THEY'RE WATCHING YOU: LAW ENFORCEMENT'S MONITORING OF SOCIAL MEDIA |
71 Oklahoma Law Review 997 (Summer, 2019) |
Social media is a powerful tool that gives people the chance to connect and interact with others from all over the world. Users on platforms like Facebook, Twitter, and Instagram can easily chat or share videos and pictures with friends and connections in their city or across the world. On most social media sites, all that is generally required to... |
2019 |
|
| Brie McLemore |
PROCEDURAL JUSTICE, LEGAL ESTRANGEMENT, AND THE BLACK PEOPLE'S GRAND JURY |
105 Virginia Law Review 371 (April, 2019) |
Introduction. 371 I. Procedural Justice and Policing. 375 II. Legal Estrangement and the Limitations of Procedural Justice. 377 III. The Role of Courts in Legal Estrangement. 380 A. Community Responses to the Death of Michael Brown. 383 IV. The Black People's Grand Jury. 387 V. Recommendations. 393 Conclusion. 395 |
2019 |
|
| Tiffany R. Murphy |
PROSECUTING THE EXECUTIVE |
56 San Diego Law Review 105 (Winter, 2019) |
C1-2Table of Contents I. Introduction. 106 II. Why and When is a Special Prosecutor Necessary?. 111 A. Special Counsel's Role in Protecting the Rule of Law. 111 1. What is a Special Prosecutor?. 111 2. The Power of the Executive Branch: Who is a Target?. 114 B. Active Subversion of the Rule of Law. 116 1. What is the Rule of Law?. 116 2. Active... |
2019 |
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| Nicole D. Prysby, J.D. |
PUBLIC EMPLOYEES-N.D. ALA.: FIRED FOR RACIST FACEBOOK POSTS, POLICE OFFICER'S RACE BIAS CLAIMS FAIL |
2019 Wolters Kluwer Employment Law Daily 2612504 (June 26, 2019) |
The officer could not rebut the stated reasons for his discharge: that he refused to remove the offending content and negative public reaction to his posts impaired the department. A white police officer's race discrimination claims following his discharge for posting racist Facebook posts failed on summary judgment. The employee posted offensive... |
2019 |
|
| Carmen Maye |
PUBLIC-COLLEGE STUDENT-ATHLETES AND GAME-TIME ANTHEM PROTESTS: IS THERE A NEED FOR A CONSTITUTIONAL-ANALYTICAL AUDIBLE? |
24 Communication Law and Policy 55 (Winter, 2019) |
National-anthem-related protests among NFL players have revealed complexities associated with symbolic counter-speech tied to American symbols of patriotism. For public-college officials and coaches, who are bound by the First Amendment, the handling of game-time anthem protests may reverberate beyond the court of public opinion. Because uniformed... |
2019 |
|
| George S. Scoville III |
PURGED BY PRESS RELEASE: FIRST RESPONDERS, FREE SPEECH, AND PUBLIC EMPLOYMENT RETALIATION IN THE DIGITAL AGE |
97 Oregon Law Review 477 (2019) |
Introduction. 479 I. Firing Anthony Venable. 483 II. Speech Retaliation Claims Pursuant to Section 1983. 485 A. The Section 1983 Civil Rights Claim. 486 B. Pickering Distinguishes Categories of Speakers and Speech. 488 C. Myers Narrows What Constitutes a Matter of Public Concern. 490 D. Garcetti Severely Limits Speech Protections for Public... |
2019 |
|
| Anthony J. Gaughan |
PUTIN'S REVENGE: THE FOREIGN THREAT TO AMERICAN CAMPAIGN FINANCE LAW |
62 Howard Law Journal 855 (Spring, 2019) |
INTRODUCTION 855 I. FOREIGN INTERFERENCE AS A CAMPAIGN FINANCE ISSUE 857 A. The Foreign Hacking Threat 857 B. The Foreign Interference Threat 859 II. RUSSIAN INTERFERENCE IN 2016 863 A. Putin's Preferred Candidate 863 B. The Russian Interference Campaign 871 III. THE BROADER ROLE OF FOREIGN GOVERNMENTS ON AMERICAN ELECTION CAMPAIGNS 878 A. The... |
2019 |
|
| Jamila A. Odeh |
PUTTING ACCESSIBLE EXPRESSION TO BED |
117 Michigan Law Review 1507 (May, 2019) |
In 2011, the Occupy movement began. Occupiers seized space in dozens of public parks and in the American imagination, providing a compelling illustration of an inclusive format of political expression. In the courtroom, protesters sought injunctive relief on First Amendment grounds to protect the tent encampments where Occupiers slept. In 2017, the... |
2019 |
|
| David Tolbert |
QUO VADIS: WHERE DOES THE HUMAN RIGHTS MOVEMENT GO FROM HERE? |
47 Georgia Journal of International and Comparative Law 479 (2019) |
Ford Foundation Fellow Visiting Scholar, Sanford School of Public Policy Duke University Dean Rusk International Center University of Georgia 2 October 2018 Thanks to the Director of the Dean Rusk International Center, Kathleen Doty, for her kind introduction and to all of you for being here. I am also grateful for Professor Diane Amann's presence... |
2019 |
|
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
'RACE, RACISM, AND AMERICAN LAW': A SEMINAR FROM THE INDIGENOUS, BLACK, AND IMMIGRANT LEGAL PERSPECTIVES |
21 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2019) |
Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... |
2019 |
|
| Naomi Murakawa |
RACIAL INNOCENCE: LAW, SOCIAL SCIENCE, AND THE UNKNOWING OF RACISM IN THE US CARCERAL STATE |
15 Annual Review of Law and Social Science 473 (2019) |
racism, antidiscrimination law, colorblindness, criminal justice reform, racial liberalism, abolition Racial innocence is the practice of securing blamelessness for the death-dealing realities of racial capitalism. This article reviews the legal, social scientific, and reformist mechanisms that maintain the racial innocence of one particular site:... |
2019 |
|
| Jodi Rios, PhD |
RACIAL STATES OF MUNICIPAL GOVERNANCE: POLICING BODIES AND SPACE FOR REVENUE IN NORTH ST. LOUIS COUNTY, MO |
37 Law & Inequality: A Journal of Theory and Practice 235 (Summer, 2019) |
In the suburbs of North St. Louis County, Black residents are disciplined and policed for revenue to fund small struggling cities. To put it in the way many residents do, municipalities view poor Black residents as ATMs, to which they return time and again through multiple forms of predatory policing and juridical practices. As part of this... |
2019 |
|
| Hina B. Shah |
RADICAL RECONSTRUCTION: (RE) EMBRACING AFFIRMATIVE ACTION IN PRIVATE EMPLOYMENT |
48 University of Baltimore Law Review 203 (Spring, 2019) |
You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, you are free to compete with all the others, and still justly believe that you have been completely fair. The history of employment in this country is the history of racism. Using public and private... |
2019 |
|
| Paul Gowder |
RECONSTITUTING WE THE PEOPLE: FREDERICK DOUGLASS AND JÜRGEN HABERMAS IN CONVERSATION |
114 Northwestern University Law Review 335 (2019) |
Abstract--This Article draws on Black American intellectual history to offer an approach to fundamental questions of constitutional theory from the standpoint of the politically excluded. Democratic constitutional theory is vexed by a series of well-known challenges rooted in the inability to justify law without democracy (the countermajoritarian... |
2019 |
|
| Taurus Myhand |
REDEFINING THE REASONABLE PERSON IN POLICE ENCOUNTERS: THE IMPACT OF THE MAINSTREAM NEWS MEDIA'S PORTRAYAL OF MODERN POLICE CONDUCT |
96 University of Detroit Mercy Law Review 267 (Winter, 2019) |
Current trends in the news media's coverage of police conduct has increasingly led to the display of more graphic and more disturbing images of violent police encounters with individuals. The depictions of how law enforcement officers engage citizens are troubling, yet the inundation of headlines in the mainstream media lends to the false notion... |
2019 |
|
| Nathaniel W. Reisinger |
REDRAWING THE LINE: RETROACTIVE SENTENCE REDUCTIONS, MASS INCARCERATION, AND THE BATTLE BETWEEN JUSTICE AND FINALITY |
54 Harvard Civil Rights-Civil Liberties Law Review 299 (Winter, 2019) |
In Dorsey v. United States, the Supreme Court made clear that Congress possesses sole responsibility for drawing the line between justice and finality in sentencing. That is, when Congress passes a law reducing sentences, it must also choose whether to apply those reductions retroactively or to accept the sentence disparities between preand... |
2019 |
|
| Vanita Saleema Snow |
REFRAMING RADICAL RELIGION |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 2 II. Weaponized Frames. 5 A. Framing Crime and Public Safety. 6 B. Framing National Security. 11 1. Framing Muslims as Foreign Intruders. 13 2. False Frames.. 14 III. Framing Theory. 15 A. Framing Techniques. 17 B. Fabricated Frames. 19 IV. The Effects of Weaponized Frames. 20 A. Discriminatory Policing... |
2019 |
|
| Annie Flanagan |
RESISTING RACIALIZED IMMIGRATION ENFORCEMENT THROUGH COMMUNITY BOND FUNDS |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 45 (Spring, 2019) |
C1-3Table of Contents I. Introduction. 45 II. Immigration Detention. 49 A. Development of the Legal Framework for Immigration Detention. 49 B. The Experience of Immigration Detention. 50 C. Race, Crime, and Enforcement of Immigration Laws. 51 III. The Pretrial Justice Movement. 52 A. Historical Development of the Movement. 53 B. Lessons from... |
2019 |
|
| Helen H. Kang |
RESPECT FOR COMMUNITY NARRATIVES OF ENVIRONMENTAL INJUSTICE: THE DIGNITY RIGHT TO BE HEARD AND BELIEVED |
25 Widener Law Review 219 (2019) |
Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... |
2019 |
|
| Jill C. Morrison |
RESUSCITATING THE BLACK BODY: REPRODUCTIVE JUSTICE AS RESISTANCE TO THE STATE'S PROPERTY INTEREST IN BLACK WOMEN'S REPRODUCTIVE CAPACITY |
31 Yale Journal of Law & Feminism 35 (2019) |
Abstract: 2019 marks 400 years since the first Africans were brought to the Virginia colony as captives, and deemed not human beings but rather the property of others. Black women have endured reproductive oppression since our arrival in the United States. This Article argues that current methods of reproductive oppression attempt to restore the... |
2019 |
|
| Harvey Gee |
REVIEW ESSAY: "WHAT'S GOING ON?" |
23 Asian Pacific American Law Journal 19 (Spring, 2019) |
Jeff Chang, We Gon' Be Alright: Notes on Race and Resegregation, New York: Picador, 2016. Pp. 192. $16.00. C1-2Table of Contents Introduction. 19 I. Just Sayin': Narratives on Race and Resegregation. 21 II. Ferguson, the Black Lives Matter Movement, and the Prosecution of N.Y.P.D. Officer Peter Liang. 27 III. Fisher v. University of Texas. 33 IV.... |
2019 |
|
| Darin E.W. Johnson |
RUSSIAN ELECTION INTERFERENCE AND RACE-BAITING |
9 Columbia Journal of Race and Law 191 (2019) |
Russian interference in the 2016 United States presidential election exposed the nation's vulnerability to targeted campaign disruption by foreign intelligence actors through social media. The Russian cyber disinformation campaign exploited racial divisions in the United States to undermine public confidence in American electoral processes and... |
2019 |
|
| Monica C. Bell |
SAFETY, FRIENDSHIP, AND DREAMS |
54 Harvard Civil Rights-Civil Liberties Law Review 703 (Summer, 2019) |
1. I never really lost nobody to killing--only one Person and I called him my Brother. we used to smoke and stuff together we was supposed to link up that same day we were supposed to go downtown we was supposed to just hang out Four o'clock in the morning, He got killed on the playground. you always see somebody just gone... |
2019 |
|
| Bethany R. Berger |
SAVAGE EQUALITIES |
94 Washington Law Review 583 (June, 2019) |
Abstract: Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special... |
2019 |
|
| Ian Kerr |
SCHRÖDINGER'S ROBOT: PRIVACY IN UNCERTAIN STATES |
20 Theoretical Inquiries in Law 123 (January, 2019) |
Can robots or AIs operating independently of human intervention or oversight diminish our privacy? There are two equal and opposite reactions to this issue. On the robot side, machines are starting to outperform human experts in an increasing array of narrow tasks, including driving, surgery, and medical diagnostics. This is fueling a growing... |
2019 |
|
| Megan B. Mavis, Matthew D. Shapiro |
SECOND AMENDMENT INTERPRETATION AND A CRITIQUE OF THE RESISTANCE TO COMMON-SENSE GUN REGULATION IN THE FACE OF GUN VIOLENCE: THIS IS AMERICA |
46 Western State Law Review 85 (Spring, 2019) |
Open dialogue, as well as public discourse, are fundamental components to the Republic and has historically and uniquely shaped the body of politics of the United States. This is evidenced plainly by the basic tenants of the Bill of Rights. Despite its universal language, the Bill of Rights was once exclusively reserved for a selective few. The... |
2019 |
|
| Wendy Jennings |
SEPARATING FAMILIES WITHOUT DUE PROCESS: HIDDEN CHILD REMOVALS CLOSER TO HOME |
22 CUNY Law Review 1 (Winter, 2019) |
Introduction. 3 I. Family Separation Traumatizes Children and Their Parents. 8 A. Removing a Child from Her Parent Harms the Child. 8 B. Removing a Child from His Parent Has Long-Term Consequences for Families and Impacted Communities. 9 II. The Basic Path of New York Child Abuse and Neglect Cases. 10 A. How Does an Abuse or Neglect Case Begin?. 11... |
2019 |
|
| Marion Crain , Ken Matheny |
SEXUAL HARASSMENT AND SOLIDARITY |
87 George Washington Law Review 56 (January, 2019) |
In the waning months of 2017, Americans endured an almost daily barrage of news reports describing sexual harassment by powerful men in entertainment, media, politics, and law. The media focus continued in 2018 as reactions proliferated, ranging from walkouts at Google by workers protesting the company's handling of sexual-misconduct allegations... |
2019 |
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