AuthorTitleCitationSummaryYearKey Terms
  ¶ 33,041 STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) NLRB Case Handling Manual (CCH) P 33041 (2023) In memorandum GC 21-08, issued September 29, 2021, NLRB General Counsel Jennifer Abruzzo provides updated guidance on her prosecutorial position that certain student athletes are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. Although her memo is directed to Regional Directors,... 2023  
  ¶ 47,178 SAVANNAH KINZER, HALEY EVANS, AND CHRISTOPHER MICHNO, PLAINTIFFS V WHOLE FOODS MARKET, INC., DEFENDANT. Employment Practices Guide 233.10 (2023) Savannah Kinzer, Haley Evans, and Christopher Michno, Plaintiffs v Whole Foods Market, Inc., Defendant. 107 EPD ¶ 47,178. U.S. District Court, D. Massachusetts. Civil Action No. 20-cv-11358-ADB. 2023 US Dist LEXIS 11311. January 23, 2023. Burroughs, District Judge: Savannah Kinzer (Kinzer), Haley Evans (Evans), and Christopher Michno (Michno,... 2023  
  ¶ 47,204 DAVID LEFFLER, PLAINTIFF V ANN & ROBERT H. LURIE CHILDREN'S HOSPITAL OF CHICAGO, DEFENDANT. Employment Practices Guide 47178 (2023) Race discrimination Sexual orientation discrimination Employee displayed offensive political decals Dismissing a white heterosexual maintenance engineers Title VII claims alleging his hospital employer discriminated against him through its choice to take [a] position in support of a specific race (African American) over others by permitting... 2023  
Alexandra Darraby A CONSTITUTIONAL RESET ON CONFEDERATE MONUMENTS, CIVIL RIGHTS AND CULTURAL ICONS: HOW NAMING RIGHTS, TRADEMARKS, AND PUBLIC STATUARY SHAPE SOCIAL JUSTICE 39-SPG Entertainment and Sports Lawyer 55 (Spring, 2023) This is written to memorialize the names of Ahmaud Arbery, Breonna Taylor, George Floyd, Homer Plessy, Linda Brown, and Rosa Parks who stood--and sat--and died for equal justice--and the many others, named and unnamed. The author was in Brunswick during the Arbery shooting, attended the Town Halls convened by the Mayor of Brunswick and provided... 2023  
Aya Gruber A TALE OF TWO ME TOOS 2023 University of Illinois Law Review 1675 (2023) What is #MeToo's legacy? The conventional account currently being indelibly forged into our collective memory is that #MeToo was an unconditional progressive victory. It was a reckoning of the disempowered against the powerful that profoundly challenged sexist culture. This Article complicates and even counters that narrative by shining a light on... 2023  
Madeline Johl ACTIVISM OR DOMESTIC TERRORISM? HOW THE TERRORISM ENHANCEMENT IS USED TO PUNISH ACTS OF POLITICAL PROTEST 50 Fordham Urban Law Journal 465 (March, 2023) Introduction. 466 I. Political Origins of the Terrorism Enhancement. 470 A. Enactment of the Terrorism Enhancement. 471 B. The Role of the Sentencing Judge. 474 C. Expansion of the Terrorism Enhancement's Scope. 476 II. The Terrorism Enhancement in Use. 480 A. Issues of Scope: A Politicized Sanction's Use (and Misuse). 480 1. Overly Broad... 2023  
Caroline L. Ferguson ACTUALIZING JUSTICE: PRIVATE PROSECUTION REGIMES FOR MODERN SOCIAL MOVEMENTS 56 Columbia Journal of Law and Social Problems 557 (Summer, 2023) The modern state enjoys a near monopoly over the prosecutorial system. Public officials, including local district attorneys, state attorneys general, and career prosecutors, enjoy enormous discretionary powers to decide who to charge, to determine what charges to bring, to make particular bail recommendations, to set the terms of plea bargains, and... 2023  
Neena Albarus AN OVERVIEW OF THE ONGOING LEGACIES OF COLONIALISM IN CONTEMPORARY LEGAL SYSTEMS IN THE BLACK DIASPORA 23 Berkeley Journal of African-American Law & Policy 15 (2023) This perspective paper explores the ongoing legacies of colonialism in contemporary legal systems and policies in the Black Diaspora. Drawing on examples from Africa, the Caribbean, Latin America and the United States, this paper argues that colonial legal systems and policies continue to shape the legal and political landscape of these regions,... 2023  
Danny Y. Li ANTISUBORDINATING THE SECOND AMENDMENT 132 Yale Law Journal 1821 (April, 2023) After over a decade of silence, and fourteen years since its landmark decision in District of Columbia v. Heller, the Supreme Court has fundamentally expanded and reshaped Second Amendment protection once again in New York State Rifle & Pistol Ass'n v. Bruen. In light of the Court's decision in Bruen--and the role of race-based arguments in its... 2023  
Walter T. Champion, Jr. Appendix 57. Memo GC 21-08, NLRB General Counsel Fundamentals of Sports Law P 57 (2023) On January 31, 2017, the Office of the General Counsel issued GC 17-01, which addressed various issues regarding the statutory rights of university faculty and/or students under the National Labor Relations Act (the Act or NLRA). That memo summarized pertinent representation case decisions and was intended to serve as a guide for employers,... 2023  
  Around the Nation 25 Student Discipline Law Bulletin 4 (4/1/2023) A judge dismissed a case, for now, against an Effingham County school district claiming the school district applied its dress code in a racially discriminatory manner. The lawyers who were representing Black students in the case requested the dismissal in order to review and file a new version of the complaint in the future. The complaint alleged... 2023  
Allison M. Freedman ARRESTING ASSEMBLY: AN ARGUMENT AGAINST EXPANDING CRIMINALLY PUNISHABLE PROTEST 68 Villanova Law Review 171 (2023) In recent years, public protests have shed light on societal inequities that had previously gone unheard. Yet instead of responding to protesters' concerns, many state legislators are attempting to silence disenfranchised groups by introducing hundreds of anti-protest bills. This is a recent phenomenon and one that is accelerating--the largest... 2023  
Berta Esperanza Hernández-Truyol AWAKENING THE LAW: KATE STONEMAN--AN AWAKENED WOMAN: BASED UPON ALBANY LAW SCHOOL'S KATE STONEMAN CELEBRATION SPEECH 86 Albany Law Review 231 (2022-2023) Like all Stoneman award recipients, I am grateful to Kate Stoneman for paving the way to an awakened life in which seeking justice is a non-negotiable aspiration. I will explain the title of this Essay--Kate Stoneman, an Awakened Woman--in the next section. But before engaging Stoneman's exceptional life and contributions, I take the liberty to... 2023  
Peter Conti-Brown , Brian D. Feinstein BANKING ON A CURVE: HOW TO RESTORE THE COMMUNITY REINVESTMENT ACT 13 Harvard Business Law Review 335 (Spring, 2023) The federal government's primary financial-regulatory tool for combating wealth inequality is broken. Intended to push banks towards deeper engagement with lower-income and minority communities, the Community Reinvestment Act (CRA) of 1977 has failed to meaningfully reduce the prevalence of banking deserts across lower-income communities or to... 2023  
Meera E. Deo, JD, PhD BETTER THAN BIPOC 41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... 2023  
Dorothea Endres , Luisa Hedler , Kebene Wodajo BIAS IN SOCIAL MEDIA CONTENT MANAGEMENT: WHAT DO HUMAN RIGHTS HAVE TO DO WITH IT? 117 AJIL Unbound 139 (2023) In a global context where political campaigning, social movements, and public discourse increasingly take place online, questions regarding the regulation of speech by social media platforms become ever more relevant. Companies like Facebook moderate content posted by users on their platforms through a mixture of automated decision making and human... 2023  
Michael Z. Green BLACK AND BLUE POLICE ARBITRATION REFORMS 84 Ohio State Law Journal 243 (2023) The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power... 2023  
Charelle Lett BLACK WOMEN VICTIMS OF POLICE BRUTALITY AND THE SILENCING OF THEIR STORIES 30 UCLA Journal of Gender & Law 131 (Summer, 2023) C1-2Table of Contents Introduction. 132 I. Brief History of State Sanctioned Violence Against Black People in the United States. 132 A. Slave Patrols as the Foundation of Modern Policing. 132 B. The Lynching Period and Law Enforcement's Involvement. 134 C. Historical Account of the Criminalization of Black Activism. 136 1. Second Red Scare. 136 2.... 2023  
Quinlan Cummings CALLING OFFICER HESTER PRYNNE! THE PROMISES AND PITFALLS OF EMPLOYING PUBLIC SHAME AS A DETERRENT FOR POLICE MISCONDUCT 60 American Criminal Law Review 179 (Winter, 2023) I literally could not put my phone down. Whether I got shot or not, this needed to be documented. Those words were spoken by the bystander who used their smartphone to capture the moment that police in Austin, Texas opened fire on peaceful protestors seeking medical assistance for 20-year-old Justin Howell. An officer had shot Howell in the back... 2023  
Jonathan Jackson , Tasseli McKay , Leonidas Cheliotis , Ben Bradford , Adam Fine , Rick Trinkner CENTERING RACE IN PROCEDURAL JUSTICE THEORY: STRUCTURAL RACISM AND THE UNDER- AND OVERPOLICING OF BLACK COMMUNITIES 47 Law and Human Behavior 68 (February, 2023) Objective: We assessed the factors that legitimized the police in the United States at an important moment of history, just after the police killing of George Floyd in 2020. We also evaluated one way of incorporating perceptions of systemic racism into procedural justice theory. Hypotheses: We tested two primary hypotheses. The first hypothesis was... 2023  
Lindsey Gellar CONGRESS IS REINSTATING THE COLOR LINE: HOW THE SAVE AMERICA'S PASTIME ACT AND THE JUDICIAL ANTITRUST EXEMPTION CONTRIBUTE TO RACIAL INEQUITY IN PROFESSIONAL BASEBALL 15 Drexel Law Review 399 (2023) Racial inequity is a common theme in the United States, and America's pastime is no exception. Black representation in professional baseball has been on the decline for decades since its peak of nearly 20%. The law compounds on inequitable economic and political systems to make it more difficult for Black American-born baseball players to survive... 2023  
Chris Riedel, Porter Wright Morris & Arthur LLP CONSISTENCY MATTERS: WHEN THE EMPLOYER SPEAKS, THE EMPLOYEES MAY ANSWER 4 Great Lakes Employment Law Letter 2 (7/1/2023) A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee's right to wear buttons and masks in support... 2023  
Chris Riedel, Porter Wright Morris & Arthur LLP CONSISTENCY MATTERS: WHEN THE EMPLOYER SPEAKS, THE EMPLOYEES MAY ANSWER 4 Mountain West Employment Law Letter 4 (7/1/2023) A recent National Labor Relations Board (NLRB) decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the Board held that the National Labor Relations Act (NLRA) protects an employee's right to wear buttons and masks in support... 2023  
Professor Mirko Bagaric , Jennifer Svilar , Brienna Bagaric CONTINUING PRINCIPLED SENTENCING REFORM AND WINDING BACK MASS INCARCERATION AGAINST THE BACKDROP OF AMERICA'S SURGE IN VIOLENT CRIME 23 Nevada Law Journal 411 (Spring, 2023) Five decades of an unremitting tough on crime policy resulted in the United States having the highest incarceration rate on earth. This approach was in the process of being systematically wound back in recent years. The mood for criminal justice reform was highlighted by the receptiveness of many people to what on their face seemed to be radical... 2023  
Ryan Newman CORPORATE CAPTAINS OF THE WOKE REVOLUTION: THE NEED TO LIMIT CORPORATE POLITICAL ACTIVISM 27 Texas Review of Law and Politics 663 (Summer, 2023) Introduction. 664 I. The Woke Revolution. 666 II. The Rise of Woke Corporate Activism. 673 III. The Need to Limit Woke Corporate Activism. 681 IV. Corporate Free Speech Rights Properly Understood. 685 Conclusion. 696 2023  
Silas J. Petersen COUNTERING PUBLIC PRESSURE: JURY ANONYMITY AS A PROTECTION OF CRIMINAL DEFENDANTS 37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 634 (2023) The phenomenon known as trial by media has long been regarded as dangerous to the fairness of high-profile trials. American history is replete with trials that captured public attention and galvanized anti-defendant fervor. One way that media coverage can threaten a defendant's right to a fair trial is when the media prejudices the jury by... 2023  
Marty Berger , David A. Sklansky CRIME, COMMUNITY, AND THE SHADOW OF THE VIRTUAL 2023 University of Illinois Law Review 1607 (2023) As reformers and abolitionists spar over the future of law enforcement, both camps urge giving the community a weightier say in defining public safety priorities. Regardless of whether police departments should be further revamped or instead defunded, a key task will be determining how to grapple with the complicated, heterogeneous nature of... 2023  
Angelica Knight CRITICAL RACE THEORY AND FLORIDA SCHOOLS: AN ATTEMPT TO SUPPRESS RACISM EMBEDDED WITHIN AMERICAN HISTORY 17 Florida A & M University Law Review 141 (Spring, 2023) C1-2Table of Contents Opening Remarks. 141 Introduction. 142 I. Background. 146 II. Banning Critical Race Theory is a Violation of Constitutional Principles. 149 A. Critical Race Theory and the First Amendment. 149 B. Critical Race Theory and the Fourteenth Amendment. 151 C. The Ninth Circuit Decision in Arce v. Douglas and Florida's P.E.A.C.E.... 2023  
Kathleen Kapusta, J.D. DISCRIMINATION-N.D. ILL.: HOSPITAL EMPLOYEE FIRED AFTER DISPLAYING 'OFFENSIVE' POLITICAL DECALS CAN'T ADVANCE RACE, SEXUAL ORIENTATION CLAIMS Wolters Kluwer Employment Law Daily (3/7/2023) The Caucasian employee asked the court to draw a connection between his racial identity and the accusations he displayed images associated with white supremacy. Dismissing a white heterosexual maintenance engineer's Title VII claims alleging his hospital employer discriminated against him through its choice to take [a] position in support of a... 2023  
Ursula Furi-Perry, J.D., MBA DISCRIMINATION-RACE-W.D. KY.: USPS GRANTED SUMMARY JUDGMENT ON REVERSE DISCRIMINATION CLAIM BROUGHT BY POSTAL WORKER Wolters Kluwer Employment Law Daily (7/10/2023) Mail carrier could not establish that the USPS discriminates against the majority, did not experience a significant change in employment status, and could not demonstrate that he was treated differently than similarly situated non-protected employees. A white male mail carrier's suit against the U.S. Postal Service for reverse discrimination failed... 2023  
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