| Author | Title | Citation | Summary | Year | Key Terms |
| Shelby A. D. Moore |
MOVING FORWARD WHILE REACHING BACK: HOW PRIVATE LAW SCHOOLS CAN HELP PUBLIC LAW SCHOOLS NAVIGATE DIVERSITY, EQUITY, INCLUSION, AND ACCESS IN CHALLENGING TIMES |
55 University of Toledo Law Review 241 (Winter, 2024) |
On May 25, 2020, the world watched as Minneapolis police officer Derek Chauvin placed his knee on George Floyd's neck for nine minutes and twenty-nine seconds, asphyxiating him. Bystander Darnella Frazer captured George Floyd's murder by cellphone, later posting the video on Facebook. The video quickly went viral as others widely shared it on... |
2024 |
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| Nino C. Monea |
NEXT ON THE CHOPPING BLOCK: THE LITIGATION CAMPAIGN AGAINST RACE-CONSCIOUS POLICIES BEYOND AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS |
33 Boston University Public Interest Law Journal 1 (Winter, 2024) |
Abstract. 4 Introduction. 4 I. The Legal Landscape. 6 A. University Admissions Precedent. 6 B. Other Affirmative Action Precedent. 8 C. Major Anti-Discrimination Laws. 8 D. The Plaintiffs. 10 II. Common Contested Issues in Affirmative Action Litigation. 14 A. Standing. 14 1. Injury. 14 2. Redressability. 16 3. Ripeness. 17 4. Mootness. 18 B.... |
2024 |
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| Jesse Dieterle |
NO MORE HOUSE FOR MICKEY MOUSE: THE PROSPECTIVE DISSOLUTION OF THE REEDY CREEK IMPROVEMENT DISTRICT |
53 Stetson Law Review 659 (Summer, 2024) |
On April 22, 2022, Governor Ron DeSantis signed SB 4-C into law, creating a cascade of constitutional dilemmas and expanding government overreach by prospectively dissolving nearly fifty-five years of established governmental control of the Reedy Creek Improvement District (Reedy Creek) by the Walt Disney Company (Disney). The creation of these... |
2024 |
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| Matthew E. Moloshok |
PAPER TRAIL: RECENT PAPERS ON ANTITRUST AND STRUCTURAL RACISM |
2024-FEB Antitrust Source 1 (February, 2024) |
Editor's Note: Two recent papers study how antitrust doctrine--past and present--contributes to structural economic racism, and how it could be changed to generate a fairer competitive landscape through antiracist policies. Is an antiracist antitrust feasible? Antitrust scholars pay attention to social movements. Occupy Wall Street prompted... |
2024 |
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| Jeremy Bearer-Friend |
PAYING FOR REPARATIONS |
67 Howard Law Journal 1 (2023-2024) |
This Article proposes a novel approach to capitalizing a reparations fund worth trillions of dollars. Under the proposal, publicly traded firms on U.S. exchanges would be required to remit shares of corporate equity to a reparations trust fund in lieu of cash tax payments. Under the terms of this proposal, our federal government could successfully... |
2024 |
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| Mihailis E. Diamantis |
POLICE MENTAL HEALTH |
109 Iowa Law Review 2063 (July, 2024) |
ABSTRACT: Mental health intervention is a critical tool for preventing police violence. In recent years, activists have pointed to a tragic pattern of police misinterpreting civilian mental health crises and responding with deadly force. People with untreated mental illness are sixteen times more likely to die at the hands of police. Today, a... |
2024 |
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| Holly Morrison |
PRESERVING EMPLOYEE RIGHTS IN THE ERA OF CANCEL CULTURE |
38 ABA Journal of Labor & Employment Law 107 (2024) |
Emmanuel Cafferty is a middle-aged Hispanic man and former utility worker. In June 2020, Cafferty was terminated after a stranger posted on Twitter a photo of him driving. In the image, Cafferty has his hand hanging out of a truck window and appears to be making what looks like an okay hand sign. According to Cafferty, he was cracking his... |
2024 |
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| Abigail Dallmann |
PRESERVING VIEWPOINT PLURALISM AND DEMOCRATIC PRINCIPLES: FLORIDA'S "DIVISIVE CONCEPTS" LAW AND STRATEGIES FOR CHALLENGING THE LAW'S ENFORCEMENT IN K-12 AND HIGHER EDUCATION |
53 Journal of Law and Education 41 (Spring, 2024) |
Florida passed The Individual Freedom Act in April 2022, its version of divisive concepts legislation modeled after former-President Trump's Executive Order outlawing diversity trainings, critical race theory, and references to systemic racism. This legislation is an assault on pluralism, silencing engagement with diverse voices and constituents... |
2024 |
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| Moises Aguirre, Alexis Baggett, Spencer C. Weiler |
PRIDE FLAGS IN THE CLASSROOM: A PRACTICAL GUIDE |
421 West's Education Law Reporter 768 (23-May-24) |
The suicide statistics for lesbian, gay, bisexual, transgender, and questioning (LGBTQ+) youth are daunting. Suicide is one of the leading causes of death among people aged 10-24 and LGBTQ+ teens are more than four times as likely to attempt suicide than their cisgender peers. According to the Trevor Project, forty-five percent of LGBTQ+ youth,... |
2024 |
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| Woodrow Hartzog , Evan Selinger , Johanna Gunawan |
PRIVACY NICKS: HOW THE LAW NORMALIZES SURVEILLANCE |
101 Washington University Law Review 717 (2024) |
Privacy law is failing to protect individuals from being watched and exposed, despite stronger surveillance and data protection rules. The problem is that our rules look to social norms to set thresholds for privacy violations, but people can get used to being observed. In this Article, we argue that by ignoring de minimis privacy encroachments,... |
2024 |
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| Marion Crain |
PROFIT, MISSION, AND PROTEST AT WORK |
108 Minnesota Law Review 2243 (May, 2024) |
The classic understanding of capitalism maintains that the social responsibility of business is to increase its profits. But in the last decade, many firms have announced commitments to various social justice issues, folding them into corporate mission statements, codes of corporate social responsibility, and branding. Firms engaging in so-called... |
2024 |
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| Brian L. Owsley |
PROTESTING WHILE BLACK |
15 Alabama Civil Rights & Civil Liberties Law Review 1 (2023-2024) |
I. Protesters Around the Country Have Been Killed or Injured in Attacks.. 8 II. Several State Legislatures Enacted Statutes Targeting African American Protesters.. 12 III. Alabama's Targeted Legislation Focused on a Single Community Against a Single African American Organization.. 17 IV. The First Amendment Provides Protections for Everyone,... |
2024 |
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| Timothy Zick |
PUBLIC PROTEST AND GOVERNMENTAL IMMUNITIES |
97 Southern California Law Review 1583 (August, 2024) |
This Article presents the findings of a quantitative and qualitative study of the application of qualified immunity and other governmental immunities in the context of public protest. Relying on three unique datasets of federal court decisions examining First Amendment and Fourth Amendment claims, the Article concludes that public protester... |
2024 |
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| Khiara M. Bridges |
RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI |
110 Virginia Law Review 243 (April, 2024) |
What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... |
2024 |
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| Ian Ayres , Sonia Qin , Pranjal Drall |
RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT |
21 UC Law Journal of Race and Economic Justice 183 (June, 2024) |
In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... |
2024 |
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| Thalia González, Rebecca Epstein |
RACIAL RECKONING AND THE POLICE-FREE SCHOOLS MOVEMENT |
72 UCLA Law Review Discourse 38 (2024) |
Across the country, students of color face daily threats of arrest, exclusion, and violence at the hands of school police officers. Whether deemed threatening, defiant, or hypersexualized, Black students, in particular, pay a heavy price to access their right to free public education. Despite victories in dismantling educational carcerality since... |
2024 |
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| Atinuke O. Adediran |
RACIAL TARGETS |
118 Northwestern University Law Review 1455 (2024) |
Abstract--It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020's racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as racial targets. The Article addresses this phenomenon... |
2024 |
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| Benjamin Levin , Kate Levine |
REDISTRIBUTING JUSTICE |
124 Columbia Law Review 1531 (June, 2024) |
This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... |
2024 |
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| Naomi Levy, Amy E. Lerman, Peter Dixon |
REIMAGINING PUBLIC SAFETY: DEFINING "COMMUNITY" IN PARTICIPATORY RESEARCH |
49 Law and Social Inquiry 68 (February, 2024) |
In the context of a national movement to defund police departments, many American cities are starting to reimagine public safety, as activists demand new practices that maintain safety while minimizing harm, as well as ensuring accountability when harms occur. Drawing on Everyday Peace Indicators methodologies, we argue that community-centered... |
2024 |
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| Joseph Berra, S. Priya Morley |
REIMAGINING RIGHTS IN THE AMERICAS |
28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) |
C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... |
2024 |
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| Jane K. Stoever |
REMOVING THE BIAS OF CRIMINAL CONVICTIONS FROM FAMILY LAW |
35 Yale Journal of Law & Feminism 1 (2024) |
Abstract: What happens when a legal system reduces a person to a record of arrests and prosecutions and prioritizes that information in family court? And what are the implications when this legal system is rooted in racism; disproportionately arrests, charges, and sentences people of color; and increasingly criminalizes domestic violence survivors?... |
2024 |
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| Todd J. Clark |
REVERSING DEI: THE CONSEQUENCE - "IED" INDOCTRINATION AND ELIMINATION OF DIVERSITY |
55 University of Toledo Law Review 169 (Winter, 2024) |
Attacks on Diversity, Equity, and Inclusion (DEI) efforts, from right-wing conservatives, are an attack on marginalized communities, specifically black and brown people and members of the LGBTQ+ community. Over the past five years, the world around us has changed. DEI initiatives that once offered a glimmer of hope for members of marginalized... |
2024 |
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| Erin Sheley |
SELF-DEFENSE AND POLITICAL RAGE |
11 Texas A&M Law Review 591 (Spring, 2024) |
This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions,... |
2024 |
|
| Tyler Breland Valeska |
SPEECH BALKANIZATION |
65 Boston College Law Review 903 (March, 2024) |
Introduction. 904 I. Justifying the Anti-Balkanization Principle. 912 A. First Amendment Statecraft. 913 B. Anti-Balkanization and Federalism. 915 C. Balkanization Risks to National Discourse. 918 II. Situating the Anti-Balkanization Principle. 920 A. Intercolony Speech Channels. 920 B. Interbellum Censorship. 924 C. New Deal Nationalism. 926 III.... |
2024 |
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| Michelle D. Layser , Andrew J. Greenlee, Ph.D. |
STRUCTURAL INEQUALITY AND THE NEW MARKETS TAX CREDIT |
73 Duke Law Journal 801 (January, 2024) |
The New Markets Tax Credit (NMTC) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of... |
2024 |
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| Dave Hall , Brad Areheart |
THE BIAS PRESUMPTION |
112 Georgetown Law Journal 749 (April, 2024) |
The American workplace is a fractured sphere of public life, in which white men often wield power at the expense of women and people of color. However, that power imbalance is no longer fully imbued with the active animus that characterized the first few centuries of American life; now, much of the damage done by discrimination is done structurally... |
2024 |
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| Daanika Gordon , Associate Professor, Department of Sociology, Tufts University, Medford, MA, United States, Email: daanika.gordon@tufts.edu |
THE BOUNDARIES OF TWENTY-FIRST-CENTURY POLICING |
49 Law and Social Inquiry 2547 (November, 2024) |
Cheng, Tony. The Policing Machine: Enforcement, Endorsements, and the Illusion of Public Input. Chicago: University of Chicago Press, 2024 Phelps, Michelle. The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America. Princeton, NJ: Princeton University Press, 2024 Sierra-Arévalo, Michael. The Danger Imperative: Violence,... |
2024 |
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| Andrew Wade |
THE CLOCKS ARE STRIKING THIRTEEN: CONGRESS, NOT COURTS, MUST SAVE US FROM GOVERNMENT SURVEILLANCE VIA DATA BROKERS |
102 Texas Law Review 1099 (April, 2024) |
Can the government buy its way around the Fourth Amendment's warrant requirement? As the panic over data-sharing after Dobbs illustrates, the answer is an urgent yes. Transactions between the government and data brokers-- businesses that acquire, aggregate, and sell massive amounts of data on individuals' digital activities--fall outside the Stored... |
2024 |
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| Connor Reid |
THE FOURTH AMENDMENT COVERS "FOG REVEAL": NOT THE OTHER WAY AROUND |
14 Wake Forest Journal of Law and Policy 127 (January, 2024) |
Davin Hall began working with the Greensboro Police Department (GPD) as a crime analyst in 2014. Through his analysis, Hall helped police patrol identify patterns in criminal offenses around the city. During his six years with the GPD, Hall frequently relied on software applications to make his work with crime data more efficient and... |
2024 |
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| Rachel López |
THE HEART AND HEARTBREAK OF INTERNATIONAL LAW |
38 Temple International and Comparative Law Journal 15 (Spring, 2024) |
In The Last Colony, Phillipe Sands takes us on an auto-ethnographic journey through his experience as counsel in the case he brought before the International Court of Justice (ICJ) on behalf of Mauritius against the United Kingdom to decolonize the last colony of Chagos. Sands compellingly documents Madame Liseby Elysé's struggle to return to her... |
2024 |
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