| Author | Title | Citation | Summary | Year | Key Terms |
| Michael Patty |
SOCIAL MEDIA AND CENSORSHIP: RETHINKING STATE ACTION ONCE AGAIN |
40 Mitchell Hamline Law Journal of Public Policy and Practice 99 (Spring, 2019) |
I. Introduction. 100 II. Social Medial Platforms and Censorship Concerns. 103 A. The Changing Landscape of Political and Social Discussion. 103 B. How is Content Regulated by Social Media Companies?. 106 C. Allegations of Censorship and Political Bias on Social Media Platforms. 107 III. The State Action Doctrine. 113 A. Principles, History, and... |
2019 |
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| Allyson Haynes Stuart |
SOCIAL MEDIA, MANIPULATION, AND VIOLENCE |
15 South Carolina Journal of International Law & Business 100 (Spring, 2019) |
For centuries now, inventions heralded as advances in human progress have been exploited by the criminal mind. New technologies, all too soon, can become instruments used to commit serious crimes. The railroad is one example . and the telephone another .. So, it will be with the Internet and social media. Many of us lament the ubiquity of social... |
2019 |
|
| Carrie Leonetti |
SPEAKING OF PROSECUTORS: DECEPTIVELY DESCRIPTIVE ON THE SURFACE WITH A HEAVY NORMATIVE UNDERTOW |
16 Ohio State Journal of Criminal Law 453 (Spring, 2019) |
Prosecutors and Democracy: A Cross-National Study (Cambridge University Press 2017) The American mass incarceration crisis and the collateral consequences that flow from it are long standing and well documented, but the United States has only lately begun grappling with its international leadership in political penal punitiveness. Going to back to... |
2019 |
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| Jennifer Daskal |
SPEECH ACROSS BORDERS |
105 Virginia Law Review 1605 (December, 2019) |
As both governments and tech companies increasingly seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to delink or delist material in a geographically segmented way, or are global delinking and takedown orders needed to protect the underlying... |
2019 |
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| Andrea Alajbegović |
STILL SEPARATE, STILL UNEQUAL: LITIGATION AS A TOOL TO ADDRESS NEW YORK CITY'S SEGREGATED PUBLIC SCHOOLS |
22 CUNY Law Review 304 (Summer, 2019) |
Introduction. 305 I. The Foundations of Desegregation Litigation. 310 II. Suing in Federal Court: A Dead End for School Districts Experiencing De Facto Segregation. 313 A. The Process of Federal Desegregation Litigation. 313 B. The Impact of Desegregation Litigation. 314 III. School Finance Litigation in State Courts: Success Remains to Be Seen.... |
2019 |
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| Blanche Bong Cook |
STOP TRAFFIC: USING EXPERT WITNESSES TO DISRUPT INTERSECTIONAL VULNERABILITY IN SEX TRAFFICKING PROSECUTIONS |
24 Berkeley Journal of Criminal Law 147 (Spring, 2019) |
Oberyn Martell: They don't hurt little girls in Dorne. Cersei Lannister: Everywhere in the world, they hurt little girls. ABSTRACT. 149 INTRODUCTION. 151 PART ONE. CASE STUDY: JD7. 162 PART TWO. LEGAL FRAMEWORK: FEDERAL SEX TRAFFICKING LAW. 165 PART THREE. THEORETICAL FRAMEWORK. 173 A. THE FEMALE AS PROPERTY. 174 B. EVALUATING AGENCY IN THE CONTEXT... |
2019 |
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| Elias R. Feldman |
STRICT TORT LIABILITY FOR POLICE MISCONDUCT |
53 Columbia Journal of Law and Social Problems 89 (Fall, 2019) |
The disproportionate rates at which police use wrongful deadly force against racial minorities in the United States is a matter of significant national concern. This Note contributes to the ongoing conversation by proposing a new legal reform, which calls for the state law imposition of strict tort liability on municipal governments for police... |
2019 |
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| William J. Aceves |
SUING RUSSIA: HOW AMERICANS CAN FIGHT BACK AGAINST RUSSIAN INTERVENTION IN AMERICAN POLITICS |
43 Fordham International Law Journal 1 (October, 2019) |
The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and... |
2019 |
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| Nicolas Duque Franco |
SUSPICIOUS TO WHOM? REFORMING THE SUSPICIOUS ACTIVITY REPORTING PROGRAM TO BETTER PROTECT PRIVACY AND PREVENT DISCRIMINATION |
43 New York University Review of Law and Social Change 611 |
Introduction. 613 I. The SAR Program: A Response to 9/11 & the Need for Information Sharing. 615 II. The Policies and Procedures of the SAR Program. 619 A. The SAR Functional Standards. 619 B. The Procedure for SAR Collection, Analysis, and Dissemination. 620 III. Criticisms of the Nationwide SAR Initiative. 625 A. Problems with the Efficacy and... |
2019 |
|
| Amy Adler , Jeanne C. Fromer |
TAKING INTELLECTUAL PROPERTY INTO THEIR OWN HANDS |
107 California Law Review 1455 (October, 2019) |
When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy... |
2019 |
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| Victoria Bell |
THE "WHITE" TO BEAR ARMS: HOW IMMUNITY PROVISIONS IN STAND YOUR GROUND STATUTES LEAD TO AN UNEQUAL APPLICATION OF THE LAW FOR BLACK GUN OWNERS |
46 Fordham Urban Law Journal 902 (June, 2019) |
Twenty-five states across the country have enacted some form of Stand Your Ground (SYG) laws, undercutting the traditional notion of a duty to retreat when faced with a perceived threat. Proponents of SYG argue that these laws derive from a fundamental right of self-defense and are intended to safeguard all citizens from imminent threats of... |
2019 |
|
| Ben Trachtenberg |
THE 2015 UNIVERSITY OF MISSOURI PROTESTS AND THEIR LESSONS FOR HIGHER EDUCATION POLICY AND ADMINISTRATION |
107 Kentucky Law Journal 61 (2018-2019) |
In 2015, student protestors at more than eighty American universities issued administrators demands related to racial justice. Even readers intensely interested in both civil rights and higher education policy could name few of these institutions. Yet somehow the University of Missouri (Mizzou)--along with Yale and a few other... |
2019 |
|
| Jonathan Kahn, J.D., Ph.D. |
THE 911 COVENANT: POLICING BLACK BODIES IN WHITE SPACES AND THE LIMITS OF IMPLICIT BIAS AS A TOOL OF RACIAL JUSTICE |
15 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2019) |
Introduction. 1 I. The Narrative of Implicit Bias. 3 A. What is Implicit Bias?. 4 B. Implicit Bias is Everyone's Problem. 7 C. Implicit Bias Marginalizes Racism. 8 D. Implicit Bias Consigns Racism to the Dustbin of History. 9 II. A Social Inflection Point?. 12 III. A Legal Inflection Point. 15 A. Revisiting and Revising Jody Armour's Reasonable... |
2019 |
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| Christopher Griffin |
THE CELIA DOCTRINE: A NEW DEFENSE AGAINST THE CRIMINALIZATION OF RAPE VICTIMS |
43 Journal of the Legal Profession 251 (Spring, 2019) |
Introduction. 251 I. State of Missouri v. Celia. 252 II. State of Tennessee v. Cyntoia. 255 III. Celia & Cyntoia. 259 IV. What is the Celia Doctrine?. 262 V. Application of the Celia Doctrine. 263 VI. Cyntoia Today. 264 VII. Clemency. 266 Conclusion. 268 |
2019 |
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| Grace Nosek |
THE CLIMATE NECESSITY DEFENSE: PROTECTING PUBLIC PARTICIPATION IN THE U.S. CLIMATE POLICY DEBATE IN A WORLD OF SHRINKING OPTIONS |
49 Environmental Law 249 (Winter, 2019) |
Scholars have documented how, since 1989, the climate change counter-movement, a densely connected and well-funded network of fossil fuel industry members and their allies, has worked to stymie government action on climate change. Recent allegations that key actors in the climate change counter-movement, including Exxon Mobil, actively misled the... |
2019 |
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| Jyoti Nanda |
THE CONSTRUCTION AND CRIMINALIZATION OF DISABILITY IN SCHOOL INCARCERATION |
9 Columbia Journal of Race and Law 265 (2019) |
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized... |
2019 |
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| Chrystie F. Swiney |
THE COUNTER-ASSOCIATIONAL REVOLUTION: THE RISE, SPREAD, AND CONTAGION OF RESTRICTIVE CIVIL SOCIETY LAWS IN THE WORLD'S STRONGEST DEMOCRATIC STATES |
43 Fordham International Law Journal 399 (December, 2019) |
In recent years, an increasing number of democratic states, including fully consolidated, long-standing democratic states, have adopted laws that impose new restrictions on the ability of civil society organizations (CSOs) to operate autonomous from government control, a phenomenon that is unsurprising in authoritarian contexts, but perplexing in... |
2019 |
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| Kevin M. Barry |
THE DEATH PENALTY AND THE FUNDAMENTAL RIGHT TO LIFE |
60 Boston College Law Review 1545 (June, 2019) |
Introduction. 1547 I. The Eighth Amendment Challenge. 1551 II. Substantive Due Process Generally. 1554 A. Is the Right Deprived Fundamental?. 1554 1. Specificity. 1556 2. History and Tradition. 1557 3. Dignity. 1559 4. Negative and Positive Rights. 1561 B. Does the Law Meet the Appropriate Level of Scrutiny?. 1562 III. The Death Penalty Deprives... |
2019 |
|
| James Monaghan |
The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective by Markus D Dubber (2018) Oxford University Press, 304 pp ISBN 9780198744290 |
41 Sydney Law Review 149 (March, 2019) |
Liberal penality is in crisis. States supposedly committed to a liberal view of criminal law routinely engage in penal violence, seemingly unconstrained by the limits that concepts like law and liberalism'--in certain idealised forms-- are meant to provide. In The Dual Penal State, Markus D Dubber offers us a diagnosis of this crisis, presents a... |
2019 |
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| Osagie K. Obasogie , Zachary Newman |
THE ENDOGENOUS FOURTH AMENDMENT: AN EMPIRICAL ASSESSMENT OF HOW POLICE UNDERSTANDINGS OF EXCESSIVE FORCE BECOME CONSTITUTIONAL LAW |
104 Cornell Law Review 1281 (July, 2019) |
If the Fourth Amendment is designed to protect citizens from law enforcement abusing its powers, why are so many unarmed Americans killed? Traditional understandings of the Fourth Amendment suggest that it has an exogenous effect on police use of force, i.e., that the Fourth Amendment provides the ground rules for how and when law enforcement can... |
2019 |
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| Andrew Guthrie Ferguson |
THE EXCLUSIONARY RULE IN THE AGE OF BLUE DATA |
72 Vanderbilt Law Review 561 (March, 2019) |
In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court's understanding of the exclusionary rule: As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence. The open question remains: How can defendants... |
2019 |
|
| Matthew McElvenny |
THE EYES OF THE WORLD ARE WATCHING YOU NOW: COLIN KAEPERNICK'S COLLUSION SUIT AGAINST THE NFL |
26 Jeffrey S. Moorad Sports Law Journal 115 (2019) |
Colin Kaepernick's (Kaepernick) silent protest did not flicker into existence out of nowhere; his issues are ones that have a long history, not just in the United States, but around the world. In September 1977, South African police officers who were interrogating anti-apartheid activist Steven Biko became incensed when Biko, forced to stand for... |
2019 |
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| Alexandra Natapoff |
THE HIGH STAKES OF LOW-LEVEL CRIMINAL JUSTICE: MISDEMEANORLAND: CRIMINAL COURTS AND SOCIAL CONTROL IN AN AGE OF BROKEN WINDOWS POLICING BY ISSA KOHLER-HAUSMANN PRINCETON UNIVERSITY PRESS, 2018 |
128 Yale Law Journal 1648 (April, 2019) |
The low-level misdemeanor process is a powerful socio-legal institution that both regulates and generates inequality. At the same time, misdemeanor legal processing often ignores many foundational criminal justice values such as due process, evidence, and even individual guilt. These features are linked: the erosion of the rule of law is one of the... |
2019 |
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| Rory Van Loo |
THE MISSING REGULATORY STATE: MONITORING BUSINESSES IN AN AGE OF SURVEILLANCE |
72 Vanderbilt Law Review 1563 (October, 2019) |
An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history--large platforms such as Amazon, Facebook, and Google--have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by... |
2019 |
|
| Katie R. Eyer |
THE NEW JIM CROW IS THE OLD JIM CROW |
128 Yale Law Journal 1002 (February, 2019) |
Mothers of Massive Resistance: White Women and the Politics of White Supremacy BY ELIZABETH GILLESPIE MCRAE OXFORD UNIVERSITY PRESS, 2018 A More Beautiful and Terrible History: The Uses and Misuses of Civil Rights History BY JEANNE THEOHARIS BEACON PRESS, 2018 A vast divide exists in the national imagination between the racial struggles of the... |
2019 |
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| Tomer Shadmy |
THE NEW SOCIAL CONTRACT: FACEBOOK'S COMMUNITY AND OUR RIGHTS |
37 Boston University International Law Journal 307 (Summer, 2019) |
Digital platforms have an ever-growing ability to control and regulate their users. The platforms' terms of service, content moderation policies, and algorithms form new regulatory ecosystems. These new ecosystems, this Article argues, do more than simply establish sets of affordances and constraints; rather, they challenge and transform basic... |
2019 |
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| Drew Ruzanski |
THE OPEN PUBLIC RECORDS ACT: THE PEOPLE'S BASTION AGAINST POLICE MISCONDUCT IN NEW JERSEY |
16 Rutgers Journal of Law & Public Policy 83 (Spring, 2019) |
In the United States of America, police brutality and overreach have been and continue to be insidious problems. Protests erupted in Ferguson, Missouri, in 2014, after the shooting death of an unarmed African-American teenager at the hands of a Ferguson police officer. A subsequent United States Department of Justice (USDOJ) investigation into the... |
2019 |
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| Mary L. Dudziak |
THE OUTCOME OF INFLUENCE: HITLER'S AMERICAN MODEL AND TRANSNATIONAL LEGAL HISTORY |
117 Michigan Law Review 1179 (April, 2019) |
Hitler's American Model: The United States and the Making of Nazi Race Law. By James Q Whitman. Princeton and Oxford: Princeton University Press. 2017. P. 161. Cloth, $24.95; paper, $14.95. On July 17, 1935, William E. Dodd, the U.S. Ambassador to Germany, sent a disturbing dispatch to the Secretary of State: SIR: I have the honor to report that... |
2019 |
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| Jocelyn Simonson |
THE PLACE OF "THE PEOPLE" IN CRIMINAL PROCEDURE |
119 Columbia Law Review 249 (January, 2019) |
The rules and practices of criminal procedure assume a clean separation between the interests of the public and the interests of the lone defendant who stands accused. Even the names given to criminal prosecutions often declare this dichotomy, as in jurisdictions such as California, Illinois, Michigan, and New York that caption criminal cases The... |
2019 |
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| Rebecca Goldstein |
THE POLITICS OF DECARCERATION, PRISONERS OF POLITICS: BREAKING THE CYCLE OF MASS INCARCERATION BY RACHEL ELISE BARKOW, HARVARD UNIVERSITY PRESS, 2019 |
129 Yale Law Journal 446 (November, 2019) |
In Prisoners of Politics, Rachel Barkow convincingly argues that the criminal-justice system is deeply broken: the United States's incarceration rate is the highest in the world, and there is little evidence that this system, with all its devastating human and monetary costs, is contributing to improved public safety. Prisoners of Politics argues... |
2019 |
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