| Author | Title | Citation | Summary | Year | Key Terms |
| Lisa P. Ramsey |
FREE SPEECH CHALLENGES TO TRADEMARK LAW AFTER MATAL v. TAM |
56 Houston Law Review 401 (Symposium, 2018) |
Trademark laws and free speech are on a collision course. In Matal v. Tam, the U.S. Supreme Court clarified that trademark laws are speech regulations subject to First Amendment scrutiny when it held that the federal trademark law denying registration to potentially disparaging marks was unconstitutional. Tam opens the door to wide-ranging free... |
2018 |
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| Elisabeth E. Constantino |
FREE SPEECH, PUBLIC SAFETY, & CONTROVERSIAL SPEAKERS: BALANCING UNIVERSITIES' DUAL ROLES AFTER CHARLOTTESVILLE |
92 Saint John's Law Review 637 (Fall, 2018) |
On a humid night in August, 2017, self-proclaimed members of the alt-right gathered in Emancipation Park in Charlottesville, Virginia. Invoking Nazi imagery through clothing and chants, protestors entered the University of Virginia campus. Wielding weapons, marchers pelted protestors with water bottles, chemicals, tear gas, rocks, and hurled... |
2018 |
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| Arielle W. Tolman, David M. Shapiro |
FROM CITY COUNCIL TO THE STREETS: PROTESTING POLICE MISCONDUCT AFTER LOZMAN v. CITY OF RIVIERA BEACH |
13 Charleston Law Review 49 (Fall, 2018) |
In June 2018, in Lozman v. City of Riviera Beach, the Supreme Court held 8-1 that the existence of probable cause for arrest does not categorically bar a First Amendment claim for damages. At issue in the case was the City of Riviera Beach's arrest of resident Fane Lozman as he spoke against public corruption during a city council meeting. In this... |
2018 |
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| Christopher J. Tyson |
FROM FERGUSON TO FLINT: IN SEARCH OF AN ANTISUBORDINATION PRINCIPLE FOR LOCAL GOVERNMENT LAW |
34 Harvard Journal on Racial & Ethnic Justice 1 (Spring, 2018) |
Abstract. 1 Introduction. 2 I. The City vs. The Citizens. 7 A. Ferguson, Missouri. 7 B. Flint, Michigan. 16 II. Localism and Antisubordination. 22 III. Antisubordination in Local Government Law. 30 A. Land Use and Housing. 30 B. Metropolitan Organization. 37 C. Anti-Discrimination. 39 D. Participatory Democracy. 41 E. Federal Civil Rights. 46 IV.... |
2018 |
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| Svana M. Calabro |
FROM THE MESSAGE BOARD TO THE FRONT DOOR: ADDRESSING THE OFFLINE CONSEQUENCES OF RACE- AND GENDER-BASED DOXXING AND SWATTING |
51 Suffolk University Law Review 55 (2018) |
If you've never been on the receiving end of a viral Internet hate mob, it's hard to convey the confluence of galloping adrenaline and roaring dread. At ten o'clock on a Sunday night, while her children were in bed, flashing police lights suddenly flooded Congresswoman Katherine Clark's home. Clark looked outside and saw police cruisers... |
2018 |
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| William Rhee , Stephen C. Scott |
GEOGRAPHIC DISCRIMINATION: OF PLACE, SPACE, HILLBILLIES, AND HOME |
121 West Virginia Law Review 531 (Winter 2018) |
Abstract. 533 I. Introduction. 534 II. Basic Human Capabilities at Home. 538 A. The Capabilities Approach. 538 B. Central Capabilities Need Place and Space. 540 1. A Home of One's Own. 541 2. A Job of One's Own. 544 3. A School of One's Own. 545 III. Politically Incorrect Locational Prejudice. 545 A. An Intersectional or Multidimensional Concept.... |
2018 |
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| John Bowden |
GOP lawmaker tweets out reporter's cell number over emailed question |
2018 The Hill 4183430 (September 1, 2018) |
A Republican congressman from Iowa tweeted a screenshot of an email sent by a journalist for The Associated Press on Friday that appeared to contain the journalist's cell phone number. |
2018 |
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| Rachel Levinson-Waldman |
GOVERNMENT ACCESS TO AND MANIPULATION OF SOCIAL MEDIA: LEGAL AND POLICY CHALLENGES |
61 Howard Law Journal 523 (Spring, 2018) |
INTRODUCTION. 523 I. LAW ENFORCEMENT MONITORING OF PUBLICLY AVAILABLE SOCIAL MEDIA. 525 A. Following Individuals, Groups, or Affiliations. 526 1. Technology and Case Studies. 526 2. Constitutional and Policy Considerations. 531 a. Fourth, First, and Fourteenth Amendment. 532 B. Using an Informant, a Friend of the Target, or an Undercover Account to... |
2018 |
|
| Stephanie H. Jones |
GREATER THAN THE SUM OF ITS PARTS: THE INTEGRATION OF ENVIRONMENTAL JUSTICE ADVOCACY AND ECONOMIC POLICY ANALYSIS |
26 New York University Environmental Law Journal 402 (2018) |
Introduction. 403 I. Development of the Role of Cost-Benefit Analysis in Environmental Policymaking. 405 A. Overview of Cost-Benefit Analysis Methodology. 405 B. Development of the Role of Cost-Benefit Analysis in U.S. Regulatory Policymaking. 408 C. Development of Cost-Benefit Analysis with Respect to Environmental Policy Specifically. 410 II. The... |
2018 |
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| Mary N. Beall |
GUTTING THE FOURTH AMENDMENT: JUDICIAL COMPLICITY IN RACIAL PROFILING AND THE REAL-LIFE IMPLICATIONS |
36 Law & Inequality: A Journal of Theory and Practice 145 (Winter, 2018) |
Thirteen years, eleven months, twenty-two days, and approximately forty-six police stops filled the time between Philando Castile's first and final traffic stop. The majority of Mr. Castile's interactions with Minnesota's law enforcement officers were initiated pursuant to minor traffic infractions and only six stop records detailed traffic... |
2018 |
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| Katherine J. King |
HELLER AS POPULAR CONSTITUTIONALISM? THE OVERLOOKED NARRATIVE OF ARMED BLACK SELF-DEFENSE |
20 University of Pennsylvania Journal of Constitutional Law 1237 (May, 2018) |
On July 6, 2016, Diamond Lavish Reynolds live streamed a video on Facebook that was seen by millions of people in the days that followed. This video depicts the final moments of Philando Castile, Reynolds' thirty-two-year-old, black boyfriend, who had just been shot by Jeronimo Yanez, a Saint Anthony, Minnesota police officer. Viewers observe... |
2018 |
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| Monica C. Bell |
HIDDEN LAWS OF THE TIME OF FERGUSON |
132 Harvard Law Review Forum 1 (October, 2018) |
Every society is really governed by hidden laws, by unspoken but profound assumptions on the part of the people, and ours is no exception. It is up to the American writer to find out what these laws and assumptions are. In a society much given to smashing taboos without thereby managing to be liberated from them, it will be no easy matter. --James... |
2018 |
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| Bruce A. Kimball , Daniel R. Coquillette |
HISTORY AND HARVARD LAW SCHOOL |
87 Fordham Law Review 883 (December, 2018) |
In their seminal article, Alfred Konefsky and John Henry Schlegel saw institutional histories of law schools as the graveyard of academic reputations. So why write institutional histories? Due to the leadership of Robert Kaczorowski and William Nelson, and the generosity of Fordham University School of Law and New York University School of Law, an... |
2018 |
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| Nazgol Ghandnoosh , The Sentencing Project, Washington, DC, 202-628-0871, Email nghandnoosh@sentencingproject.org, Website www.sentencingproject.org |
HOW DEFENSE ATTORNEYS CAN ELIMINATE RACIAL DISPARITIES IN CRIMINAL JUSTICE |
42-JUN Champion 36 (June, 2018) |
Why did Judge Aaron Persky not sentence Stanford University student-athlete Brock Turner to longer than six months in jail for sexually assaulting an unconscious woman? Why was Texas teenager Ethan Couch, characterized as suffering from affluenza sentenced to only probation for a drunk driving accident that killed four people? Why was Dylann... |
2018 |
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| Jesus A. Alonso |
HOW POLICE CULTURE AFFECTS THE WAY POLICE DEPARTMENTS VIEW AND UTILIZE DEADLY FORCE POLICIES UNDER THE FOURTH AMENDMENT |
60 Arizona Law Review 987 (2018) |
Police are an important part of our criminal justice system. When people begin to lose faith and trust in the police, chaos inevitably erupts. Although we are not at a breaking point yet, recent controversies and examinations of police departments have found that there are disparities in police use-of-force strategies that allow some police... |
2018 |
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| Ryan M. Walters |
HOW TO TELL A FAKE: FIGHTING BACK AGAINST FAKE NEWS ON THE FRONT LINES OF SOCIAL MEDIA |
23 Texas Review of Law and Politics 111 (Fall, 2018) |
In the span of a few years, fake news slithered out from the recesses of the web to ultimately become one of the greatest threats to civil political discourse. This digital menace has capitalized on the consumer shift to online news consumption--in particular, the increasing trend of news consumers migrating to social media sites. However, the... |
2018 |
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| Engy Abdelkader |
HUMANITARIAN ISLAM |
30 Pace International Law Review 175 (Spring, 2018) |
In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the... |
2018 |
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| Kit Kinports |
ILLEGAL PREDICATE SEARCHES AND TAINTED WARRANTS AFTER HEIEN AND STRIEFF |
92 Tulane Law Review 837 (April, 2018) |
A long-standing debate has surrounded the relationship between two features of the Fourth Amendment's exclusionary rule--the fruits of the poisonous tree doctrine and the good-faith exception--in cases where the evidence used to secure a search warrant was obtained in violation of the defendant's constitutional rights. Some judges and scholars... |
2018 |
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| Andrew Guthrie Ferguson |
ILLUMINATING BLACK DATA POLICING |
15 Ohio State Journal of Criminal Law 503 (Spring, 2018) |
The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. Police departments across the United States--like the civilian population--will learn to adapt to ever-shifting technological innovations and efficiencies. The question of adoption is not... |
2018 |
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| Michael Burke |
Incoming Dem challenges party to make 'lasting, transformative change' |
2018 The Hill 6511044 (December 11, 2018) |
Rep.-elect Ayanna Pressley (D-Mass.) on Tuesday said Democrats' midterm victories in House races altered the course of history, but she also challenged Democrats not to simply be content with those victories." |
2018 |
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| Tom C.W. Lin |
INCORPORATING SOCIAL ACTIVISM |
98 Boston University Law Review 1535 (December, 2018) |
Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious... |
2018 |
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| Lisa Borders |
INSPIRING AND EMPOWERING WOMEN: THE WNBA LEADING THE WAY INTO THE 21ST CENTURY |
28 Journal of Legal Aspects of Sport 121 (2018) |
Atlanta, April 1968. No sound but the clop-clop of two mules along Auburn Avenue at Young Street as they pulled the wagon that carried the casket of Martin Luther King Jr. There I stood, 10 years old, next to my grandfather in a sea of people flooding the four-mile procession. We were dressed in our Sunday's best while others donned denim overalls,... |
2018 |
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| Gregory DeAngelo , R Kaj Gittings , Anita Alves Pena |
INTERRACIAL FACE-TO-FACE CRIMES AND THE SOCIOECONOMICS OF NEIGHBORHOODS: EVIDENCE FROM POLICING RECORDS |
56 International Review of Law & Economics 1 (December, 2018) |
Article history: Received 4 May 2018 Accepted 8 May 2018 Available online 22 May 2018 JEL classification: K4 J1 R3 I3 Keywords: Victimization Inequality Race Ethnicity and social distance Using a novel data set comprising the universe of reported crimes to the Los Angeles Police Department from 2000 to 2007, we examine race victimization patterns... |
2018 |
|
| William Baude |
IS QUALIFIED IMMUNITY UNLAWFUL? |
106 California Law Review 45 (February, 2018) |
The doctrine of qualified immunity operates as an unwritten defense to civil rights lawsuits brought under 42 U.S.C. ยง 1983. It prevents plaintiffs from recovering damages for violations of their constitutional rights unless a government official violated clearly established law, which usually requires specific precedent on point. This Article... |
2018 |
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| Lisa A. Crooms-Robinson |
IS THE THIRD TIME THE CHARM? RECONSTRUCTING PERSONHOOD AND REIMAGINING "WE THE PEOPLE" |
43 Human Rights 2 (2018) |
We the people. These three words announce the formation of the Constitution's more perfect union. Seven years with the Articles of Confederation made it clear that the Union would benefit from a different balance between enumerated federal powers, state sovereignty, and individual liberties. To this end, we the people committed themselves to... |
2018 |
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| Aaron Hadlow |
IS THIS NECESSARY: AN ANALYSIS OF THE COURT'S RELAXED APPLICATION OF ANDERSON IN PETERS v. JOHNS |
83 Missouri Law Review 171 (Winter, 2018) |
In recent years, policing tactics have undergone increased public scrutiny as Black Lives Matter and other social activists have called attention to incidents where police officers have used lethal force. Reports, such as the United States Department of Justice's Investigation of the Ferguson Police Department, have revealed deeply systemic... |
2018 |
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| John S. Ehrett |
KINGDOMS IN CONFLICT: CONSERVATIVE CHURCHES IN COURT, 2003-2018 |
9 Houston Law Review: Off the Record 7 (Fall, 2018) |
C1-3Table of Contents I. Introduction. 8 II. Why Amicus Briefs?. 9 III. Choosing Churches. 9 A. Lutheran Church--Missouri Synod. 10 B. United States Conference of Catholic Bishops. 11 C. Southern Baptist Convention. 11 D. Church of Jesus Christ of Latter-day Saints. 11 IV. Data and Methods. 12 V. Findings. 12 A. Case Categories. 12 B. Activation By... |
2018 |
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| Scott L. Cummings |
LAW AND SOCIAL MOVEMENTS: REIMAGINING THE PROGRESSIVE CANON |
2018 Wisconsin Law Review 441 (2018) |
Introduction. 441 I. The Old Canon. 442 II. Toward A New Canon. 451 A. When a Lawsuit Sparks a Movement: The Antisweatshop Campaign. 452 B. Challenging Executive Overreach: Litigating Human Rights in the War on Terror. 460 C. Backlash Avoidance: The March Toward Marriage Equality. 470 D. Contesting Illegal Status: Immigrant Rights under Siege. 478... |
2018 |
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| Bill Quigley |
LAWYERS AND CIVIL DISOBEDIENCE |
35 GPSolo 12 (May/June, 2018) |
Civil disobedience is as American as apple pie. Our nation has a long and rich history of thousands of principled political protest actions that violated the law in the name of justice. Our country was founded on a series of acts of civil disobedience. From its very foundation through the movements of people who opposed slavery, supported women's... |
2018 |
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| Macklin W. Thornton |
LAYING SIEGE TO THE IVORY TOWER: RESOURCE ALLOCATION IN RESPONSE TO THE HECKLER'S VETO ON UNIVERSITY CAMPUSES |
55 San Diego Law Review 673 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 674 II. Background and Context. 679 A. Historical Context: The 1960s Free Speech Movement, 2011 Campus Occupy Movement, and University Free Speech Narrative. 680 B. Current Context: Events, Players, and Conflict. 683 III. Universities Must Protect Controversial Speakers Confronted by Hostile Protesters. 687 A.... |
2018 |
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