| Author | Title | Citation | Summary | Year | Key Terms |
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Battle over Trump court pick to be most expensive ever |
(June 29, 2018) |
The fight to replace retiring Justice Anthony Kennedy is expected to be the most expensive Supreme Court confirmation battle in history. |
2018 |
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| Charles W. McKinney, Jr. |
BEYOND DREAMS AND MOUNTAINS: MARTIN KING'S CHALLENGE TO THE ARC OF HISTORY |
49 University of Memphis Law Review 263 (Fall, 2018) |
I. Introduction: The Master Narrative of the Civil Rights Movement. 263 II. Dr. King's Renowned Influence on the Movement. 267 A. The Celebrated and Well-Known Message. 267 B. A King's Memorial and Perception. 269 C. Heeding Dr. King's Message. 272 III. The Forgotten Narrative of Today's Struggles. 272 A. Activists in an Ongoing Battle. 273 B.... |
2018 |
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| Emmanuel Mauleón |
BLACK TWICE: POLICING BLACK MUSLIM IDENTITIES |
65 UCLA Law Review 1326 (June, 2018) |
In a political moment that includes various iterations of a Muslim Ban, and a resurgent mainstreaming of white nationalism, race and religion clearly remain hotly contested in American life. And yet, in much of the recent scholarship and public debate on these issues, the intersecting experiences of Black Muslims are often elided, if not entirely... |
2018 |
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BLOG TRACKER-NOTEWORTHY BLOG POSTS AND OTHER COMMENTARY |
2018 Wolters Kluwer Intellectual Property Law Daily 773847 (February 8, 2018) |
The week's most insightful, intriguing, or entertaining blog posts regarding intellectual property issues: Giga Law, Bitcoin Domain Names Become Popular And Attract Disputes, by Doug Isenberg IPWatchdog, Letter to President Trump on China IP Probe is Latest Sign of Conservative Support for Private IP Rights, by Steve Brachmann Kluwer Patent... |
2018 |
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Boston police monitored social media for years without City Council knowing |
(February 13, 2018) |
The Boston Police Department used social media surveillance software to scan citizens' social media accounts for criminal or terrorist activity from 2014 through 2016 without alerting the City Council, a civil liberties group says. |
2018 |
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| Christine C. Washington |
BRAND NAMES . MATTER! THE FIRST AMENDMENT TRUMPS TRADEMARK LAW AS OFFENSIVE BRANDS ARE DEEMED FREE SPEECH AMIDST BACKDROP OF HATE AND CULTURAL BRAND MARGINALIZATION |
23-APR NBA National Bar Association Magazine 20 (April, 2018) |
Ev'rybody shout this trademark, ev'rybody sing this tune: a watermelon, razor, a chicken and a coon! From The Coon's Trademark composed by Tom Logan and performed by Bert Williams & George Walker, pictured below circa 1898. Intellectual property (IP) is usually viewed as an objective body of established, albeit evolving, law. As a general rule,... |
2018 |
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| Michael Vitiello |
BROCK TURNER: SORTING THROUGH THE NOISE |
49 University of the Pacific Law Review 631 (2018) |
C1-2Table of Contents Part I. The Media's Role. 634 A. Six Months for Rape?. 634 B. Okay, But Sixth Months for Sexual Assault?. 638 C. But Vitiello, You are Cherry-Picking the Facts. 643 D. But Judge Persky Showed Bias, Racial or Otherwise. 646 Part II: Taking the Wrong Path Towards Recall. 649 A. Existing Checks on Judicial Misconduct. 650 B.... |
2018 |
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| Jonathan G. Finck |
CAN NFL PLAYERS BE PUNISHED FOR KNEELING? AN ANALYSIS OF THE BANTER SURROUNDING THE STAR-SPANGLED BANNER |
21 University of Denver Sports and Entertainment Law Journal 125 (Spring, 2018) |
This article explores the different punishments frequently used by the NFL to determine whether they can legally be applied to players who kneel during the anthem. Additionally, this article analyzes how the NFL's 2020 collective bargaining agreement can change to narrow its broad power while still allowing the league to punish reprehensible acts.... |
2018 |
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| Ronald F. Wright , Kay L. Levine |
CAREER MOTIVATIONS OF STATE PROSECUTORS |
86 George Washington Law Review 1667 (November, 2018) |
Because state prosecutors in the United States typically work in local offices, reformers often surmise that greater coordination within and among those offices will promote sound prosecution practices across the board. Real transformation, however, requires commitment not only from elected chief prosecutors but also from line prosecutors--the... |
2018 |
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| Meena Jagannath , Sameer Ashar |
CASE STUDY 1: MOVEMENT GROUPS WITH FLAT, INNOVATIVE GOVERNANCE STRUCTURES |
47 Hofstra Law Review 19 (Fall, 2018) |
Black Lives Matter, Occupy Wall Street, the global justice/anti-globalization movement, the radical environmental movement of the 1990s, and other organizations have moved away from traditional hierarchical models of leadership within their movements in favor of more horizontal, leader-full structures or network models. More horizontal or network... |
2018 |
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| Scott Mair |
Challenging Infanticide: Why Section 233 of Canada's Criminal Code Is Unconstitutional |
41 Manitoba Law Journal 241 (2018) |
In the early twentieth century, Canadian juries were reluctant to convict mothers who had murdered their newly born children (children who are under one year of age) and would acquit them despite their obvious guilt. In 1948, Parliament tried to remedy this by adding s. 233 to the Canadian Criminal Code, creating the offence of infanticide. With a... |
2018 |
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| Will Stancil |
CHARTER SCHOOLS AND SCHOOL DESEGREGATION LAW |
44 Mitchell Hamline Law Review 455 (2018) |
I. Introduction. 455 II. An Overview of Charter Schools. 459 A. Charter School Segregation. 465 B. Segregative Charters. 469 C. Racial Targeting in Charters. 473 D. Increasing Conflict Over Charter Racial Targeting. 481 E. Things Come to a Head in Minnesota. 484 III. The Desegregation Cases. 489 A. The Early Cases. 490 1. Green (1968). 491 2. Swann... |
2018 |
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| Julian R. Murphy |
CHILLING: THE CONSTITUTIONAL IMPLICATIONS OF BODY-WORN CAMERAS AND FACIAL RECOGNITION TECHNOLOGY AT PUBLIC PROTESTS |
75 Washington and Lee Law Review Online 1 (August 30, 2018) |
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these... |
2018 |
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| Arthur S. Leonard |
CIVIL LITIGATION NOTES |
2018 LGBT Law Notes 450 (September, 2018) |
U.S. COURT OF APPEALS, 10TH CIRCUIT - On September 1, 2017, Chief U.S. District Judge Marcia S. Krieger (D. Colo.), denied plaintiffs' motion for preliminary injunction and summary judgment in 303 Creative LLC v. Elenis, 2017 WL 4331065, declining to declare that the Colorado Human Rights Commission should not interfere with the plaintiffs'... |
2018 |
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| Katlyn E. DeBoer |
CLASH OF THE FIRST AND SECOND AMENDMENTS: PROPOSED REGULATION OF ARMED PROTESTS |
45 Hastings Constitutional Law Quarterly 333 (Winter, 2018) |
A man with a bandana over his face and a long AR-15 rifle in hand gathered with approximately a dozen other people outside of the Islamic Center of Irving, Texas, to protest the Islamization of America on November 21, 2015. Next to him, another man dressed in black held his tactical shotgun close and mocked Arabic music as afternoon prayers... |
2018 |
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| David L. Hudson Jr. |
CLASS DISMISSED |
104-OCT ABA Journal 18 (October, 2018) |
Teresa Buchanan, by most accounts, was a rising academic star at Louisiana State University. She began teaching there in 1995, was promoted to associate professor with tenure in 2001, and recommended for a full professorship in 2013. However, her fortunes changed after a public school superintendent and several of Buchanan's students had complained... |
2018 |
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| Susan Ayres |
CLAUDIA RANKINE'S CITIZEN: DOCUMENTING AND PROTESTING AMERICA'S HALTING MARCH TOWARD RACIAL JUSTICE AND EQUALITY |
9 Alabama Civil Rights & Civil Liberties Law Review 213 (2018) |
Introduction. 214 I. Citizen as Protest Poetry in a Documentary and Epideictic Mode. 219 A. Documentary Poetry. 222 B. Epideictic Discourse--Does Poetry Matter?. 225 II. Racism and the Racial Imaginary: Microaggressions and Major Moments. 228 A. The Racial Imaginary. 229 B. Examples of Racism in Citizen--Call Out Racism When You See It. 237... |
2018 |
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| David Gray |
COLLECTIVE STANDING UNDER THE FOURTH AMENDMENT |
55 American Criminal Law Review 77 (Winter, 2018) |
The Supreme Court's landmark decision in Katz v. United States changed the direction of Fourth Amendment law. There, the Court redefined searches as government actions that violate subjectively manifested expectations of privacy that society is prepared to recognize as reasonable. Although perceived as progressive at the time, this reasonable... |
2018 |
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| Clay Calvert |
COLLEGE CAMPUSES AS FIRST AMENDMENT COMBAT ZONES AND FREE-SPEECH THEATRES OF THE ABSURD: THE HIGH PRICE OF PROTECTING EXTREMIST SPEAKERS FOR SHOUTING MATCHES AND INSULTS |
16 First Amendment Law Review 454 (Spring, 2018) |
On October 19, 2017, the free-speech circus rolled into Gainesville, Florida. The contentious crowd--Richard Spencer and a cadre of alt-right white nationalists --brought their traveling spectacle to a public university for the first time since deadly violence erupted in Charlottesville, Virginia--home to the University of Virginia--about two... |
2018 |
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| Beverly Daniel Tatum, Ph.D. |
COMMUNITY OR CHAOS? DIALOGUE AS TWENTY-FIRST CENTURY ACTIVISM |
49 University of Memphis Law Review 285 (Fall, 2018) |
I. Introduction. 286 II. Fifty Years Later: Our Current Context. 286 A. Current Voting Patterns, Political Rhetoric, and Economic Disparity. 287 B. The Aftermath of Progress. 289 1. Do Black Lives Matter?. 289 2. Changes in the American Demographic. 291 3. Current School Segregation. 292 4. Current Context Through the Words of Dr. King. 294 III.... |
2018 |
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| Melia Thompson-Dudiak |
COMPARISON: IMPROVING HOW THE LEGACIES OF STATE-SPONSORED SEGREGATION IN THE UNITED STATES AND SOUTH AFRICA AFFECT EQUITY AND INCLUSION IN AMERICAN AND SOUTH AFRICAN HIGHER EDUCATION SYSTEMS |
49 California Western International Law Journal 163 (Fall, 2018) |
C1-2Table of Contents Introduction. 164 I. The Historical Inequities Stemming From State-Sponsored Segregation in Education. 167 A. Reviewing the Historical Factors Leading to the Contemporary Statuses of Black Americans in Higher Education. 167 B. Reviewing the Historical Factors Leading to the Contemporary Statuses of Black South Africans in... |
2018 |
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| Erica Goldberg |
COMPETING FREE SPEECH VALUES IN AN AGE OF PROTEST |
39 Cardozo Law Review 2163 (August, 2018) |
This Article endeavors to catalog and resolve cases involving competing free speech values, and then applies its solutions to violent and disruptive protests. Almost every First Amendment case can be framed as implicating free speech values on both sides of the First Amendment equation. Government action directly abridges speech, but government... |
2018 |
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| Rachel Smith |
CONDEMNED TO REPEAT HISTORY? WHY THE LAST MOVEMENT FOR BAIL REFORM FAILED, AND HOW THIS ONE CAN SUCCEED |
25 Georgetown Journal on Poverty Law and Policy 451 (Spring, 2018) |
I. Introduction. 451 II. The First Bail-Reform Movement. 454 A. The Anatomy and Achievements of the 1960s Bail-Reform Movement. 454 B. Why the First Bail-Reform Movement Ultimately Failed. 456 III. The Modern Bail-Reform Movement. 458 A. Anatomy of the Modern Bail-Reform Movement. 459 1. The Role of Journalists. 460 2. The Role of Activists. 460 3.... |
2018 |
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| Anne Norton |
CONFRONTING THE CHAOS OF THE NEW: DEMOCRACY, DIFFERENCE, AND DARING |
16 Georgetown Journal of Law & Public Policy 779 (Special Issue 2018) |
Diversity is often thought to demand the softer practices and virtues: empathy, forbearance, patience, and tolerance. The proper ethic for diversity is an ethic of courage. That ethic is allied to practices of daring, judgment and friendship that are necessary to the practice of democracy. Democracies attract people of all kinds, with varying... |
2018 |
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| Keegan Stephan |
CONSPIRACY: CONTEMPORARY GANG POLICING AND PROSECUTIONS |
40 Cardozo Law Review 991 (December, 2018) |
Surely gang members cannot be decreed to be outlaws, subject to the merest whim of the police as the rest of us are not. C1-2Table of Contents Introduction. 992 I. Background: Gang Policing and the Law. 998 A. Gang Policing Before Morales. 998 B. Vagueness Doctrine. 1000 C. Morales. 1003 D. The Application of Morales. 1006 E. Vagueness Doctrine... |
2018 |
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| Stephanie H. Barclay , Mark L. Rienzi |
CONSTITUTIONAL ANOMALIES OR AS-APPLIED CHALLENGES? A DEFENSE OF RELIGIOUS EXEMPTIONS |
59 Boston College Law Review 1595 (May, 2018) |
Introduction. 1597 I. The Criticism of Religious Exemptions as Anomalous and Dangerous. 1600 A. Smith and Initial Backlash. 1600 B. Smith's Academic Resurgence. 1603 II. Religious Exemptions Understood as As-Applied Challenges. 1608 A. As-Applied Challenges Such as Religious Exemptions Are the Preferred Mode of Constitutional Adjudication. 1609 B.... |
2018 |
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| Darryl K. Brown |
CRIMINAL ENFORCEMENT REDUNDANCY: OVERSIGHT OF DECISIONS NOT TO PROSECUTE |
103 Minnesota Law Review 843 (December, 2018) |
L1-2Introduction . L3844 I. Underenforcement and Reasons Not to Prosecute. 852 A. Sources of Unjustified Noncharging Decisions. 852 1. Underenforcement Against Corruption. 854 2. Underenforcement Against Sexual Assault. 855 3. Underenforcement Against Police Excessive Uses of Force. 856 4. Other Underenforcement Contexts. 857 B. Other Contributions... |
2018 |
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| Deborah Tuerkheimer |
CRIMINAL JUSTICE AND THE MATTERING OF LIVES |
116 Michigan Law Review 1145 (April, 2018) |
Locking Up Our Own: Crime and Punishment in Black America. By James Forman Jr. New York: Farrar, Straus, and Giroux. 2017. P. 239. $27. These are confusing times for criminal justice reformers. Although opposition to mass incarceration runs deep and wide, the conventional wisdom advances solutions that are woefully inadequate. The state-by-state... |
2018 |
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CRIMINAL LAW--BAIL REFORM--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT JUDGES MUST ISSUE FINDINGS OF FACT WHEN SETTING UNAFFORDABLE BAIL FOR INDIGENT DEFENDANTS.--BRANGAN v. COMMONWEALTH, 80 N.E.3D 949 (MASS. 2017) |
131 Harvard Law Review 1497 (March, 2018) |
In our criminal legal system, innocent until proven guilty does not likewise mean free until proven guilty. Judges exercise significant discretion over whether defendants charged with crimes will be detained while awaiting trial. If judges decide against pretrial detention, they can impose money bail as a way to ensure defendants have a vested... |
2018 |
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| I. Bennett Capers |
CRIMINAL PROCEDURE AND THE GOOD CITIZEN |
118 Columbia Law Review 653 (March, 2018) |
There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon. Embedded in the Supreme Court's criminal procedure jurisprudence--at times hidden in plain sight, at other times hidden below the surface--are asides about what it means to be a good citizen. The good citizen, for example,... |
2018 |
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