| Author | Title | Citation | Summary | Year | Key Terms |
| Hannah Bloch-Wehba |
THE IDEOLOGY OF PRESS FREEDOM |
14 UC Irvine Law Review 1 (January, 2024) |
This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom,... |
2024 |
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| Spencer Overton, Catherine Powell |
THE IMPLICATIONS OF SECTION 230 FOR BLACK COMMUNITIES |
66 William and Mary Law Review 107 (October, 2024) |
Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (for example, posts, comments, and videos) and for moderation of that content. This Article addresses an important issue overlooked by both defenders and critics of Section 230:... |
2024 |
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| Stephen Rushin |
THE IMPORTANCE OF POLICING |
76 South Carolina Law Review 133 (Autumn, 2024) |
This Article argues that, if effectively regulated, policing represents a fundamentally important social institution that advances the community interest in public safety, justice, equality, and the rule of law. In recent years, a significant and growing body of legal scholarship has called for the shrinking of police responsibilities, the... |
2024 |
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| Jacob D. Charles , Darrell A.H. Miller |
THE NEW OUTLAWRY |
124 Columbia Law Review 1195 (May, 2024) |
From subtle shifts in the procedural mechanics of self-defense doctrine to substantive expansions of justified lethal force, legislatures are delegating larger amounts of violence work to the private sphere. These regulatory innovations layer on top of existing rules that broadly authorize private violence--both defensive and offensive--for... |
2024 |
|
| Shawn E. Fields |
THE PROCEDURAL JUSTICE INDUSTRIAL COMPLEX |
99 Indiana Law Journal 563 (Winter, 2024) |
The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice - that a polite cop is... |
2024 |
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| Stavros Gadinis, Chris Havasy |
THE QUEST FOR LEGITIMACY: A PUBLIC LAW BLUEPRINT FOR CORPORATE GOVERNANCE |
57 U.C. Davis Law Review 1581 (February, 2024) |
Corporations are assuming an unexpected role: social reformers. As investors, employees, and other stakeholders increasingly call on companies to take a stand on controversial social issues, managers are struggling to respond. Faced with climate change, racial equity, and workplace gender issues, managers can no longer stay above the fray and... |
2024 |
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| Matthew Cook , Kate Cook , Nathan Nicholson , Joshua Bearden |
THE REAL WORLD: IQBAL/TWOMBLY THE PLAUSIBILITY PLEADING STANDARD'S EFFECT ON FEDERAL COURT CIVIL PRACTICE |
75 Mercer Law Review 861 (Spring, 2024) |
Several publications already exist detailing the evolution of American civil pleading standards, the personalities involved throughout, as well as the differing iterations' theoretical and philosophical underpinnings. This Article is written not from the viewpoint of a scholar, but a practitioner. It is the practitioner who drafts, files, and... |
2024 |
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| Jonathan C. Augustine |
THE SOUTH WILL (NOT) RISE AGAIN: THE RELIGION OF THE LOST CAUSE MEETS THE POLITICS OF CONFEDERATE MONUMENT REMOVAL |
58 University of Richmond Law Review 555 (Symposium 2024) |
According to the Supreme Court of the United States' rulings in Pleasant Grove City v. Summum and Walker v. Texas Division, Sons of Confederate Veterans, Inc., there is a fundamental difference between government speech, where a governmental entity expresses its own political views on its property, and private speech on government property wherein... |
2024 |
|
| Eleanor A. F. Vorys |
TITLE VII AND DISCRIMINATION AGAINST THIRD-PARTY ADVOCATES: INTERPRETING GREATER PROTECTIONS TO FURTHER THE GREATER GOAL |
85 Ohio State Law Journal 559 (2024) |
Advocacy discrimination theory could become a tool in the litigator's toolbox as social media, the pandemic, and heightened political controversy combine to stoke the peoples' movements in the workplace. Recognizing advocacy discrimination claims under Title VII could broaden protections for the advocate-plaintiff when discrimination occurs... |
2024 |
|
| Ellen M. Bublick , Jane R. Bambauer |
TORT LIABILITY FOR PHYSICAL HARM TO POLICE ARISING FROM PROTEST: COMMON-LAW PRINCIPLES FOR A POLITICIZED WORLD |
73 DePaul Law Review 263 (Winter, 2024) |
Protest is fundamental to a democratic society. It enables people to associate with others to voice their opinions effectively, and to advocate for change. As the United States Supreme Court wrote in the case of a 1960s civil rights boycott of white merchants in Mississippi's Claiborne County, by collective effort individuals can make their views... |
2024 |
|
| Cara McClellan, Jamelia Morgan |
TOWARD ABOLITIONIST REMEDIES: POLICE (NON)REFORM LITIGATION AFTER THE 2020 UPRISINGS |
51 Fordham Urban Law Journal 635 (March, 2024) |
Introduction. 636 I. Police Surveillance & Excessive Force Against Black Philadelphians. 642 A. Surveillance and Over-policing of Black Activists. 643 B. PPD's Over-policing and Excessive Use of Force Against Black Residents. 646 C. The 52nd Street Community. 650 II. The Lawsuit. 652 A. The Events of May 31. 652 B. The Allegations. 657 III. Seeking... |
2024 |
|
| Michael Grynberg |
TRADEMARK FREE RIDERS |
39 Berkeley Technology Law Journal 275 (2024) |
Trademark law cares a lot about the concept of free riding. Judges prone to moralizing often care more about condemning defendants who use other people's trademarks than they do about considering the public benefits of the challenged activities. This intuition has left its mark on trademark doctrine. Even adjudicators inclined to utilitarian... |
2024 |
|
| Michaela A. Giuggio |
TRADEMARKING HATE SPEECH: THE DANGERS OF INCONSISTENCY IN THE FEDERAL TRADEMARK REGISTRATION PROCESS |
28 Lewis & Clark Law Review 199 (2024) |
In 2017, the United States Supreme Court decided in Matal v. Tam that the Lanham Act's prohibitions on disparaging trademarks violated the First Amendment of the Constitution. Two years later, it decided in Iancu v. Brunetti that prohibitions on immoral or scandalous marks were similarly unconstitutional. In the wake of these decisions, and at a... |
2024 |
|
| Martha Chamallas |
TRAUMA DAMAGES |
52 Southwestern Law Review 543 (2024) |
The concept of trauma has increasingly been used to describe the experiences of marginalized groups and has a special relevance to systemic injuries and abuses of power that can form the basis of personal injury claims. Although trauma would seem to have everything to do with tort law, not much attention has been paid to trauma and its connection... |
2024 |
|
| Anthony Hernandez |
TRIBAL TRADEMARK LAW |
76 Stanford Law Review 661 (March, 2024) |
Abstract. Native American tribes are increasingly creating their own intellectual and cultural property statutes. Of all the new legislation, tribal trademark law in particular is an engaging yet understudied area. By studying tribal trademark law, it becomes possible to evaluate the nature and scope of tribal sovereignty. And studying tribal... |
2024 |
|
| Diane Heckman, J.D. |
U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: THE BACK STORY AND PHASE ONE AFFIRMATIVE ACTION CASES |
416 West's Education Law Reporter 749 (4-Jan-24) |
I. Introduction II. Background of the UNC and Harvard College Cases III. Race Considerations in This Country IV. Pivotal Fourteenth Amendment Equal Protection Clause Education Case: Brown v. Board of Education V. Supreme Court's Earlier Phase One Cases Involving Education, Affirmative Action, and the Fourteenth Amendment A. Proponents Versus... |
2024 |
|
| Jennifer Bauer |
UNREASONABLE, UNFAIR, AND UNACCOUNTABLE: WHAT COMMONWEALTH v. POWNALL REVEALS ABOUT INSTRUCTING JURIES ON POLICE USE OF DEADLY FORCE |
128 Penn State Law Review 987 (Spring, 2024) |
Police violence is a widespread problem in the United States that disproportionately affects Black communities. Social justice movements and the media pressure prosecutors to pursue criminal charges against offending officers. However, convictions are rare, partly because officers can assert a legal defense for using deadly force in effecting... |
2024 |
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| Angela Dixon |
UNSHACKLED: WHY ELIMINATING HEALTH DISPARITIES REQUIRES THAT OUR CRIMINAL JUSTICE SYSTEM SET INCARCERATED MOTHERS AND THEIR DEVELOPING CHILDREN FREE |
38 Journal of Law and Health 102 (31-Oct-24) |
Abstract: Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (ACES) or lifelong damage to their physical and mental health. The experiences may be the same for children born already... |
2024 |
|
| Diane Kemker, J.D., LL.M |
USING A "MOVES TO INNOCENCE" APPROACH TO DISSECT AND DEBUNK THE CLAIM THAT CRITICAL RACE THEORY IS ANTISEMITIC |
27 Lewis & Clark Law Review 1145 (2024) |
In the United States, law and policy have most frequently reflected dominant white Christian majority interests. Critical Race Theory (CRT) offers powerful tools for understanding our history and situation, including that of American Jews, and how the social positions and interests of American Blacks and Jews, real and perceived, have intersected,... |
2024 |
|
| Lisa A. Tucker |
UTAH v. STRIEFF AND TEACHING ANALYSIS |
98 Saint John's Law Review 121 (2024) |
In Utah v. Strieff, the Supreme Court considered whether the Fourth Amendment required suppression of evidence obtained in an unlawful investigatory stop when police discovered that the person stopped was subject to lawful arrest based on an unrelated outstanding warrant. The majority opinion, written by Justice Clarence Thomas, held that... |
2024 |
|
| Tonja Jacobi, Matthew Sag |
WE ARE THE AI PROBLEM |
74 Emory Law Journal Online 1 (14-Aug-24) |
This Essay describes what we call the Black Nazi Problem, a shorthand for the sometimes-jarring text and images produced by AI, from the incongruous-- such as female Indian popes--to the outrageous--such as depicting minorities as their own historical oppressors, including Black Nazis. These images were the result of overzealous efforts by AI... |
2024 |
|
| Garrett I. Halydier |
WE(ED) THE PEOPLE OF CANNABIS, IN ORDER TO FORM A MORE EQUITABLE INDUSTRY: A THEORY FOR IMAGINING NEW SOCIAL EQUITY APPROACHES TO CANNABIS REGULATION |
19 University of Massachusetts Law Review 225 (Spring, 2024) |
States increasingly implement social equity programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to... |
2024 |
|
| Marissa Jackson Sow |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
14 UC Irvine Law Review 459 (May, 2024) |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
2024 |
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| Mell Chhoy , Mark Gaston Pearce |
WORKER OUTBURSTS, WORKPLACE RULES AND A RESURGENCE OF WORKER VOICE |
31 Georgetown Journal on Poverty Law and Policy 355 (Spring, 2024) |
What started as the Summer of Strikes, as unions across different industries flexed their muscles and rode a wave of revived pro-labor sentiment, has turned into a year marked by some of the largest labor disputes in more than two decades. In total, 2023 saw 451 labor strikes, some of which have resulted in historic victories and pay increases.... |
2024 |
|
| Mackenzie Boyer |
"I CAN'T BREATHE": HOW RECORDING THE POLICE CAN SAVE A LIFE AND THE JUSTICE SYSTEM |
29 Widener Law Review 241 (2023) |
9 minutes, and 29 seconds--the excruciating length of time during which George Floyd cried out I can't breathe twenty-eight times as he was slowly dying at the hands, or knees rather, of law enforcement. I can't breathe-- George Floyd's last three words, each cry for help more faint than the last, as he gradually lost consciousness, and... |
2023 |
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| Jackson Whetsel, Esq. |
(UN)CONSTITUTIONAL CARRY: HOW DRUG AND GUN LAWS CONSPIRE IN STAND YOUR GROUND STATES TO CREATE A DISARMED, SUBMISSIVE CLASS BASED ON RACE |
53 University of Memphis Law Review 571 (Spring, 2023) |
Introduction. 572 I. Tennessee's Form of Constitutional Carry. 577 A. The Tennessee Law Creates an Exception to an Existing Prohibition. 578 B. The Tennessee Law Does Not Remove Any Existing Firearm Prohibitions. 580 C. The Tennessee Law Applies to The Intent to Go Armed. 584 II. How Did We Get Here? DC v. Heller and the Constitutional Basis... |
2023 |
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| Mark A. Rothstein, Charles B. Craver, L. Camille Hébert, Orly Lobel, S. Elizabeth Malloy, Marcia L. McCormick, Sandra F. Sperino, Rafael Gely, Susan E. Cancelosi, D. Wendy Greene |
§ 5:11. Freedom of expression |
EMPLOYLAW § 5:11 (2023) |
Employers have long been interested in regulating what employees say, where they say it, and to whom they say it. Where there is a legitimate basis for the employers' concerns, such as trade secret disclosures, the law has sanctioned employer regulation of employee expression. Where the employers' interests are less direct, however, the law has... |
2023 |
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§ 5104 Facts Judicially Noticeable; Indisputability |
FPP § 5104 (2023) |
Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... |
2023 |
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§ 9:1. Artists, art practice and the art community |
ARTARCHLAW § 9:1 (2023) |
Artists are subject to the demands of [their] imagination." This Chapter on Artist Rights was written in the 1990s and updated in parts during the last twenty years. In those two decades |
2023 |
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¶ 233.10 IN GENERAL |
Employment Practices Guide 3338804 (2023) |
An African-American employee's race bias claim failed because he did not establish a prima facie case; the evidence clearly indicated that he was not qualified for the position and he failed to accurately answer questions during his interview. Prescott v Higgins (1stCir 2008) 91 EPD ¶ 43,301 A Black teacher was unable to show that he had been... |
2023 |
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