| Author | Title | Citation | Summary | Year | Key Terms |
| Tabatha Abu El-Haj |
THE POSSIBILITIES FOR RESPONSIVE PARTY GOVERNMENT |
119 Columbia Law Review Online 123 (May 6, 2019) |
Professor Kang raises two fundamental worries about the associational path to party reform in The Problem of Irresponsible Party Government, his response to my essay, Networking the Party: First Amendment Rights and the Pursuit of Responsive Party Government. First, he doubts the feasibility of reestablishing thick relational parties given social,... |
2019 |
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| Abbe Smith |
THE PROSECUTORS I LIKE: A VERY SHORT ESSAY |
16 Ohio State Journal of Criminal Law 411 (Spring, 2019) |
Generally speaking, I don't like prosecutors. The longer I practice law--more than three decades now--the more it is so. Maybe this is inevitable for a career indigent defense lawyer; a certain bitterness might come with the territory. Prosecutors have enormous power and the resources to back it up, while indigent defendants lack the most basic... |
2019 |
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| Jeannine Bell |
THE RESISTANCE & THE STUBBORN BUT UNSURPRISING PERSISTENCE OF HATE AND EXTREMISM IN THE UNITED STATES |
26 Indiana Journal of Global Legal Studies 305 (Winter, 2019) |
Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States--from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017... |
2019 |
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| Laura Victorelli |
THE RIGHT TO BE HEARD (AND UNDERSTOOD): IMPARTIALITY AND THE EFFECT OF SOCIOLINGUISTIC BIAS IN THE COURTROOM |
80 University of Pittsburgh Law Review 709 (Spring, 2019) |
Working for Justice can take many forms, but for linguists, we believe it should include listening to vernacular dialects more closely and hearing their speakers more clearly and more fairly, not only in courtrooms, but also in schools, job interviews, apartment searches, doctors' visits, and everywhere that speech and language matter. --John... |
2019 |
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| Tucker Carrington |
THE ROLE OF JUDGING 50 YEARS AFTER THE "CHICAGO SEVEN" TRIAL: A REMEMBRANCE OF CHARLES R. GARRY |
50 Loyola University Chicago Law Journal 969 (Summer, 2019) |
Introduction. 969 I. Some Brief Historical Context. 970 II. The Beginning. 976 III. Los Siete.. 980 IV. Huey Newton. 981 V. HUAC. 983 VI. Garry's Legacy. 984 |
2019 |
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| Anthony F. Cottone, Esq., Solo practitioner in Providence Hearing officer and counsel for RI Department of Education |
THE SCHOOLHOUSE GATE: PUBLIC EDUCATION, THE SUPREME COURT, AND THE BATTLE FOR THE AMERICAN MIND BY JUSTIN DRIVER |
67-FEB Rhode Island Bar Journal 23 (January/February, 2019) |
In the Introduction to The Schoolhouse Gate: Public Education, the Supreme Court and the Battle for the American Mind (Pantheon Books, 2018), Justin Driver notes that [o]n any given weekday, during school hours, at least one-sixth of the U.S. population can be found in a public school, and quoting Justice John Paul Stevens, Driver adds that the... |
2019 |
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| Suzanne Barth |
THE TERRY DILEMMA: A GAME THEORETIC ANALYSIS OF QUALIFIED IMMUNITY FOR POLICE OFFICERS |
28 Boston University Public Interest Law Journal 87 (Winter, 2019) |
I. Introduction. 87 II. Legal Background. 88 A. The Birth of the Terry Stop. 88 B. The Civil Action for Damages. 90 C. Qualified Immunity. 91 D. Thomas v. Dillard. 96 III. Economic Background. 99 IV. Model 1: The Terry Dilemma. 101 A. The Suspect's Considerations: Criminal Liability, Physical Safety, and the Fourth Amendment. 102 B. The Police... |
2019 |
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| Seth Davis |
THE THIRTEENTH AMENDMENT AND SELF-DETERMINATION |
104 Cornell Law Review Online 88 (September, 2019) |
Slavery in the American South was a system of government that denied self-determination to Black communities. The Thirteenth Amendment to the U.S. Constitution promised that [n]either slavery nor involuntary servitude . shall exist within the United States. Today, Black communities and other subordinated communities are demanding... |
2019 |
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| Robert M. Sanger |
THE WAR ON KIDS: HOW AMERICAN JUVENILE JUSTICE LOST ITS WAY BY CARA DRINAN OXFORD UNIVERSITY PRESS (2018) |
43-MAR Champion 57 (March, 2019) |
Cara Drinan's The War on Kids is a timely and well-written book that should be read by all lawyers and, in fact, by the American public. Certainly, the themes and material will be familiar to criminal defense lawyers who deal with clients under the age of 25 (that would be all of us, right?) and, of course, familiar to thoughtful juvenile... |
2019 |
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| Benjamin Paul Bennett |
THICK ENOUGH TO STOP A BULLET: CIVIL PROTECTION ORDERS, SOCIAL MEDIA, AND FREE SPEECH |
50 Columbia Human Rights Law Review 228 (Spring, 2019) |
Domestic violence occurs in private and public spaces, including the virtual spaces social media platforms create. This Note examines the role domestic violence Civil Protection Orders can play in regulating social media behavior. Contrary to scholars who have argued that injunctions and criminal statutes should rarely, if ever, prohibit speech... |
2019 |
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| Mari J. Matsuda |
THIS IS (NOT) WHO WE ARE: KOREMATSU, CONSTITUTIONAL INTERPRETATION, AND NATIONAL IDENTITY |
128 Yale Law Journal Forum 657 (January 30, 2019) |
abstract. This Essay argues that we are at a critical moment in the project of constitutional interpretation. Our choice to expand or contract our notion of rights implicates our survival as a species, as growing wealth inequality, globalized neofascism, and climate chaos loom. Asserting the continued usefulness of legal claims, the author asks a... |
2019 |
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| Ayesha Bell Hardaway |
TIME IS NOT ON OUR SIDE: WHY SPECIOUS CLAIMS OF COLLECTIVE BARGAINING RIGHTS SHOULD NOT BE ALLOWED TO DELAY POLICE REFORM EFFORTS |
15 Stanford Journal of Civil Rights & Civil Liberties 137 (June, 2019) |
Many view the Violent Crime Control and Law Enforcement Act of 1994 as the best chance for police departments to make meaningful and lasting improvements. That legislation provides the federal government with the authority to investigate and sue local law enforcement agencies for engaging in a pattern or practice of policing that violates the... |
2019 |
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| Meghan Racklin |
TITLE IX AND CRIMINAL LAW ON CAMPUS: AGAINST MANDATORY POLICE INVOLVEMENT IN CAMPUS SEXUAL ASSAULT CASES |
94 New York University Law Review 982 (October, 2019) |
This Note argues that policy proposals mandating law enforcement involvement in campus sexual assault cases are harmful to survivors of sexual assault and are inconsistent with Title IX. Title IX's gender-equality goals require schools to address sexual assault as a civil rights issue, with a focus on its impact on survivors' continued access to... |
2019 |
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| John Zachary Blanchard, Jr., Past Chair, LSBA Insurance, Tort, Workers' Compensation and Admiralty Law Section, 90 Westerfield St., Bossier City, LA 71111 |
TORT: LIABILITY FOR DAMAGES IN CIVIL PROTESTS |
67 Louisiana Bar Journal 205 (October/November, 2019) |
Doe v. Mckesson, _ F.3d _ (5 Cir. 2019), 2019 WL 3729587. In July 2016, during the summer of our national discontent, a protest associated with Black Lives Matter took place by blocking a highway in front of the Baton Rouge Police Department headquarters. The Baton Rouge Police Department prepared by organizing a front line of officers in riot... |
2019 |
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| Anthony J. Ghiotto |
TRAFFIC STOP FEDERALISM: PROTECTING NORTH CAROLINA BLACK DRIVERS FROM THE UNITED STATES SUPREME COURT |
48 University of Baltimore Law Review 323 (Summer, 2019) |
Black drivers face a different constitutional reality than whites the moment they step behind the wheel in North Carolina. Although black drivers represent only about twenty-two percent of the North Carolina population, thirty-two percent of all traffic stops involve black drivers. This racial disparity may raise suspicion of either implicit or... |
2019 |
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| Justin Wise |
Twitter locks McConnell campaign account after posting video of protester shouting threats, profanities |
2019 The Hill 3716820 (August 7, 2019) |
Twitter has locked the account for Senate Majority Leader Mitch McConnell's (R-Ky.) campaign after it shared a video of a protester's profanity-laced rant outside the senator's home. |
2019 |
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| Whitney Benns |
UNHOLY UNION: ST. LOUIS PROSECUTORS AND POLICE UNIONIZE TO MAINTAIN RACIST STATE POWER |
35 Harvard Blackletter Law Journal 39 (Spring, 2019) |
In late December 2018, St. Louis County prosecutors voted to unionize and join the St. Louis Police Officer Association (SLPOA), the infamous St. Louis City police union that represents many of the city's white police officers. This vote came on the heels of former St. Louis County Prosecuting Attorney Bob McCulloch--whose almost three-decade... |
2019 |
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| Sally Gunz , Marianne M. Jennings |
UNIVERSITY LEGAL COUNSEL: THE ROLE AND ITS CHALLENGES |
33 Notre Dame Journal of Law, Ethics & Public Policy 177 (2019) |
Once upon a time lawyers were told to select a career in-house if they wished for a calm and well-measured life. The clichéd account of a university environment was that of a cozy repository for deep thinkers debating issues at the pace of a leisurely snail. Both descriptions, if ever true, bear little relevance for university counsel today. The... |
2019 |
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| Distinguished Panelists |
USING THE LICENSING POWER OF THE ADMINISTRATIVE STATE: MODEL RULE 8.4(G) |
31 Regent University Law Review 31 (2018-2019) |
Hon. Anderson: It's my privilege to moderate this panel. We have a distinguished panel of guests to discuss Rule 8.4(g) and the implications thereof. We've got a couple of housekeeping things to deal with. First, I want to say I'm grateful for this opportunity. I was told that the Federalist Society was looking for a moderator with great charisma,... |
2019 |
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| Maybell Romero |
VIEWING ACCESS TO JUSTICE FOR RURAL MAINERS OF COLOR THROUGH A PROSECUTION LENS |
71 Maine Law Review 227 (2019) |
I. Introduction II. The Meaning of Rural: A Plethora of Definitions A. Pop Cultural and Vernacular Understandings of Rurality B. Census and Other Agency Definitions C. More Nebulous Definition of Rural III. Prosecutors and People of Color A. Inequitable Trends in the Prosecution of Crimes 1. Adults in the Criminal Justice System 2. Youth in the... |
2019 |
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| William J. Aceves |
VIRTUAL HATRED: HOW RUSSIA TRIED TO START A RACE WAR IN THE UNITED STATES |
24 Michigan Journal of Race and Law 177 (Spring, 2019) |
During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential... |
2019 |
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| Michelle S. Simon |
WALKING OUT: SCHOOLS, STUDENTS, AND CIVIL DISOBEDIENCE |
69 Syracuse Law Review 309 (2019) |
C1-2Contents Introduction. 309 I. The Power of Youth and Social Activism. 316 II. The First Amendment and Student Speech. 322 III. Analyzing Schools' Responses to Walkouts Under the First Amendment. 338 IV. What is a School to Do?. 346 Conclusion. 349 |
2019 |
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| Michelle Burrell |
WHAT CAN THE CHILD WELFARE SYSTEM LEARN IN THE WAKE OF THE FLOYD DECISION?: A COMPARISON OF STOP-AND-FRISK POLICING AND CHILD WELFARE INVESTIGATIONS |
22 CUNY Law Review 124 (Winter, 2019) |
Introduction. 125 I. The History of Stop-and-Frisk in New York. 128 II. Parallels Between Use of Stop-and-Frisk and CPS Investigations. 130 A. Low Burden of Proof. 130 B. Disproportionate Effects on People of Color in Low Income Communities. 133 C. The Impact on Community. 134 D. Lack of Recourse for Rogue Police Officers and Rogue Caseworkers. 135... |
2019 |
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| Jesse D.H. Snyder |
WHAT FANE LOZMAN CAN TEACH US ABOUT FREE SPEECH |
19 Wyoming Law Review 419 (2019) |
I. Introduction. 420 II. The Free-Speech Fissures Exposed During October Term 2017. 423 A. What the Past Century Has Taught About Free Speech. 424 B. October Term 2017 and the Growing Pains of Free-Speech Protection. 428 1. Can Baking a Cake Constitute Protected Speech?. 429 2. Can the Government Compel Disclosures in Violation of Sincerely Held... |
2019 |
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| Bruce Ledewitz |
WHAT HAS GONE WRONG AND WHAT CAN WE DO ABOUT IT? |
54 Tulsa Law Review 247 (Winter, 2019) |
Benjamin I. Page and Martin Gilens, Democracy in America? What Has Gone Wrong And What Can We Do About It? (University of Chicago Press 2018). Pp. 352. Hardcover $30.00. Steven Levitsky and Daniel Ziblatt, How Democracies Die (Penguin Random House 2018). Pp. 320. Hardcover $26.00. Paperback $15.00. Lawrence Lessig, America, Compromised (University... |
2019 |
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| Gregory P. Magarian |
WHEN AUDIENCES OBJECT: FREE SPEECH AND CAMPUS SPEAKER PROTESTS |
90 University of Colorado Law Review 551 (Spring, 2019) |
In March 2017, conservative author Charles Murray arrived to speak at Middlebury College in Vermont, invited by a student affiliate of the American Enterprise Institute. Murray planned to discuss his 2013 book, Coming Apart: The State of White America, 1960-2010. Many Middlebury students and faculty, however, deplored Murray for an earlier book,... |
2019 |
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| Danielle Keats Citron , Jonathon W. Penney |
WHEN LAW FREES US TO SPEAK |
87 Fordham Law Review 2317 (May, 2019) |
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexual-privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally... |
2019 |
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| Alexis Karteron |
WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING |
69 Case Western Reserve Law Review 669 (Spring, 2019) |
In response to programmatic stop-and-frisk, police killings, and other recent controversies in American policing, many have called for smart policing--the evidence-based deployment of police resources. An often-heralded example of smart policing is hot spots policing, which involves directing police attention to locations where crime and disorder... |
2019 |
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| Chan Tov McNamarah |
WHITE CALLER CRIME: RACIALIZED POLICE COMMUNICATION AND EXISTING WHILE BLACK |
24 Michigan Journal of Race and Law 335 (Spring, 2019) |
Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... |
2019 |
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| Geoff Gilbert |
WHO PLANS OUR POLITICAL ECONOMY? A SOLIDARITY ECONOMY VISION FOR DEMOCRATIC POLITICAL ECONOMY PLANNING |
12 Unbound: Harvard Journal of the Legal Left 101 (2019) |
- Ella Baker - Robin D.G. Kelley The Democratic Party's current left-wing resurgence shows that significant popular support exists for an expanded vision of fundamental rights for all people: rights to public health care and higher education; affordable h |
2019 |
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