| Author | Title | Citation | Summary | Year | Key Terms |
| Kaleigh Ewing |
DRIVER IMMUNITY LAWS: WHY THEY ARE MORE DANGEROUS THAN YOU THINK |
75 Oklahoma Law Review 355 (Winter, 2023) |
On May 31, 2020, a man with his wife and two children sped his one-ton truck through a crowd of protesters in Tulsa, Oklahoma, injuring at least three people. He stated that he and his family feared for their lives when protesters surrounded his vehicle. While it is uncertain who initiated the hostilities during the incident, witnesses suggested... |
2023 |
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EMPLOYMENT PRACTICES LETTER NO. 1195 ISSUE NO. 2280 |
Employment Practices Guide 2648869 (2023) |
RELIGIOUS DISCRIMINATIONTeacher fired after protesting same-sex families' book denied injunction ordering reinstatement RACE DISCRIMINATIONEmployee's claim that employer created unlawful hostile work environment revived on appeal Hospital employee fired after displaying offensive political decals can't advance race, sexual orientation... |
2023 |
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| Rangita de Silva de Alwis , Amani Carter , Govind Nagubandi |
EQUITABLE ECOSYSTEM: A TWO-PRONGED APPROACH TO EQUITY IN ARTIFICIAL INTELLIGENCE |
29 Michigan Technology Law Review 165 (Spring, 2023) |
Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that... |
2023 |
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| Maureen A. Maffei of Ice Miller LLP |
EXPERT INSIGHTS-'ARE YOU REALLY GOING TO WEAR THAT TO WORK?' NEW DECISION UPHOLDING EMPLOYER'S DRESS CODE |
Wolters Kluwer Employment Law Daily (2/14/2023) |
Although the recent decision supports an employer's right to make and consistently apply dress code rules, other cases have ended differently. With some exceptions, employers have the ability to dictate what an employee can and cannot wear at work, even if prohibiting certain attire may limit an employee's personal expression, so long as its... |
2023 |
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| Dawn C. Nunziato |
FIRST AMENDMENT PROTECTIONS FOR "GOOD TROUBLE" |
72 Emory Law Journal 1187 (2023) |
In the classical era of the Civil Rights Movement in the 1950s, 1960s, and 1970s, activists and protestors sought to march, demonstrate, stage sit-ins, speak up, and denounce the system of racial oppression in our country. This was met not just by counterspeech--the preferred response within our constitutional framework--but also by efforts by the... |
2023 |
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FLORIDA TEACHER TERMINATED OVER SUPPORT OF BLACK ATHLETES, SUIT ALLEGES |
24 Employment Practices Liability Verdicts and Settlements 21 (2/1/2023) |
A former teacher and girls basketball coach at a private Florida high school says he was illegally fired for supporting two Black student-athletes in their protests against racial discrimination at the school. In a complaint filed in the U.S. District Court for the Southern District of Florida, Brett Studley says American Learning Systems Inc.... |
2023 |
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| John Fabian Witt , Morgan Savige |
FORESEEABILITY CONVENTIONS |
44 Cardozo Law Review 1075 (February, 2023) |
The risk reasonably to be perceived defines the duty to be obeyed .. --Palsgraf v. Long Island Railroad Co. (N.Y. 1928) [T]here are clear judicial days on which a court can foresee forever .. --Thing v. La Chusa (Cal. 1989) How has the foreseeability standard survived its critics? Law relies on foreseeability to solve hard legal problems in a vast... |
2023 |
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| Leah Reiss |
FREEDOM TO PRAY, NOT TO PROTEST |
107 Minnesota Law Review 2285 (May, 2023) |
Since the first half of 2020, parallel fears of social unrest and viral contagion have motivated waves of restrictions on gatherings. In just two years, the COVID-19 pandemic, which was first identified in the United States in January 2020, claimed the lives of nearly one million people in this country alone. In the spring and summer of 2020,... |
2023 |
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| Faith A. Parker |
FRIENDS WITH BENEFITS: EXPANDING VIRGINIA'S DOMESTIC VIOLENCE AND MUTUAL PROTECTION ORDER STATUTES TO INCLUDE RECIPROCAL BENEFICIARIES |
29 William and Mary Journal of Race, Gender, and Social Justice 715 (Spring, 2023) |
On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence... |
2023 |
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| Renee Nicole Allen |
GET OUT: STRUCTURAL RACISM AND ACADEMIC TERROR |
29 William and Mary Journal of Race, Gender, and Social Justice 599 (Spring, 2023) |
The horror is that America . changes all the time, without ever changing at all. --James Baldwin Released in 2017, Jordan Peele's critically acclaimed film Get Out explores the horrors of racism. The film's plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country... |
2023 |
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| Michael Conklin |
HOWARD LAW SCHOOL, RACE, AND PEER RANKINGS: THE INCREASING CORRELATION BETWEEN RACIAL SALIENCE AND PREFERENTIAL RANKINGS |
59 Willamette Law Review 189 (Spring, 2023) |
In 2020, novel research was conducted to measure disparities between the U.S. News & World Report overall rankings and the peer rankings of law schools. The research uncovered a stark outlier in Howard University School of Law, whose peer rank was consistently twenty to forty spots higher than its overall rank. This Article updates the research,... |
2023 |
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| Jennifer J. Lee |
IMMIGRATION DISOBEDIENCE |
111 California Law Review 71 (February, 2023) |
The immigration system operates through the looming threat of the arrest, detention, and removal of immigrants from the United States. Indiscriminate immigrant arrests result in family separation. Immigrants languish in carceral facilities for months or even years. For most undocumented immigrants, there is no available pathway to citizenship. To... |
2023 |
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| Nina Farnia |
IMPERIALISM AND BLACK DISSENT |
75 Stanford Law Review 397 (February, 2023) |
Abstract. As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to... |
2023 |
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| Adam N. Eckart |
IN BUSINESS WE TRUST |
23 Wake Forest Journal of Business and Intellectual Property Law 227 (Spring, 2023) |
I. Introduction. 228 II. Business-led Social Activism. 230 A. Past as Prologue. 230 B. Business Involvement Today. 235 1. LGBTQ Rights. 236 2. Race. 242 3. Gun Safety. 243 4. Contraception and Abortion. 246 5. Beyond Politics. 248 III. Corporate Governance and Fiduciary Duties. 249 A. Traditional Fiduciary Duties. 249 B. Stakeholder Theory. 251 C.... |
2023 |
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| Barbara O'Brien, Catherine M. Grosso |
JUDGES, LAWYERS, AND WILLING JURORS: A TALE OF TWO JURY SELECTIONS |
98 Chicago-Kent Law Review 107 (2023) |
Race has long had a pernicious role in how juries are assembled in the United States. Racism--intentional, implicit, and structural--has produced disparities in how jury venires are selected, whom the court excuses for cause, and how lawyers exercise their peremptory strikes. We are, however, at a moment of reform in the United States. We see... |
2023 |
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| Michael Conklin |
LAW SCHOOL RANKINGS AND POLITICAL IDEOLOGY: MEASURING THE CONSERVATIVE PENALTY AND LIBERAL BONUS WITH UPDATED 2023 RANKINGS DATA |
37 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 508 (2023) |
In 2020, novel research was conducted to measure whether, and to what extent, conservative law schools are punished and liberal law schools are rewarded in the U.S. News & World Report peer rankings. The study found a drastic conservative penalty and liberal bonus that amounted to a difference in the peer rankings of twenty-eight spots. This... |
2023 |
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| Hanna M. Metzler |
LET'S NOT TALK ABOUT IT: HOW COURTS APPLY CONSTITUTIONAL AVOIDANCE AND QUALIFIED IMMUNITY AS A SHIELD FOR LAW ENFORCEMENT OFFICERS |
88 Missouri Law Review 873 (Summer, 2023) |
On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (SLMPD) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement... |
2023 |
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LEVI STRAUSS & CO. |
SEC No Action Letters . 0123202304 (2023) |
WSB File No. 0123202304 WSB Subject Category: 74 Public Availability Date: January 19, 2023 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 November 11, 2022 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange Commission Division of Corporation Finance Office of Chief Counsel 100 F Street, NE Washington,... |
2023 |
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LEVI STRAUSS & CO. |
SEC No Action Letters . 0123202304 (2003) |
WSB File No. 0123202304 WSB Subject Category: 74 Public Availability Date: January 19, 2023. Prepared By: Cooley LLP References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ November 11, 2022 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange... |
2023 |
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| Juliet P. Stumpf, Stephen Manning |
LIMINAL IMMIGRATION LAW |
108 Iowa Law Review 1531 (May, 2023) |
ABSTRACT: Liminal immigration rules operate powerfully beyond the edge of traditional law to govern the movement of people across borders and their interactions with the immigration system within the United States. This Article illuminates this body of liminal law, revealing how agencies and advocates have innovated to create widely followed... |
2023 |
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| Hila Keren |
MARKET HUMILIATION |
56 Loyola of Los Angeles Law Review 565 (Spring, 2023) |
For many people, the marketplace is too often a site of intense humiliation. This Article aims to assist legal practitioners, judges, lawmakers, and scholars in understanding what market humiliation is, how it operates, and what can be done to curtail it. This is a particularly timely--even urgent--task due to a pair of 2022 developments at the... |
2023 |
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| Nikolas Guggenberger |
MODERATING MONOPOLIES |
38 Berkeley Technology Law Journal 119 (2023) |
Industrial organization predetermines content moderation online. At the core of today's dysfunctions in the digital public sphere is a market power problem. Meta, Google, Apple, and a few other digital platforms control the infrastructure of the digital public sphere. A tiny group of corporations governs online speech, causing systemic problems to... |
2023 |
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| Amna A. Akbar |
NON-REFORMIST REFORMS AND STRUGGLES OVER LIFE, DEATH, AND DEMOCRACY |
132 Yale Law Journal 2497 (June, 2023) |
Today's left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our relationship to reform and the popular struggles in which they are embedded. I examine the turn of left social movements to non-reformist reforms as a framework for... |
2023 |
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| S. Lisa Washington |
PATHOLOGY LOGICS |
117 Northwestern University Law Review 1523 (2023) |
Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... |
2023 |
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| Sameer M. Ashar |
PEDAGOGY OF PREFIGURATION |
132 Yale Law Journal Forum 869 (2/14/2023) |
abstract. As our social problems deepen and movements rise to meet those challenges, lawyers must expand their repertoire to support transformative visions. Social-movement organizations are not only developing policy platforms, but also experimenting with legal advocacy and institutional development that meet human needs and strive to resist... |
2023 |
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| Bridget J. Crawford |
PINK TAX AND OTHER TROPES |
34 Yale Journal of Law & Feminism 88 (2023) |
Abstract: Law reform advocates should be strategic in deploying tax tropes. This Article examines five common tax phrases--the nanny tax, death tax, soda tax, Black tax, and pink tax--and demonstrates that tax rhetoric is more likely to influence law when used to describe specific economic injustices resulting from actual government... |
2023 |
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| Ndjuoh MehChu |
POLICING AS ASSAULT |
111 California Law Review 865 (June, 2023) |
From ending qualified immunity, to establishing community control over policing, to eradicating the institution of policing altogether, proposals to remedy the issue of police violence are on everyone's lips. But, in the deep reservoir of proposals, the meaning of police violence has received relatively little attention. How should we think... |
2023 |
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| Rachel E. Barkow |
PROMISE OR PERIL?: THE POLITICAL PATH OF PRISON ABOLITION IN AMERICA |
58 Wake Forest Law Review 245 (2023) |
America is now home to a burgeoning prison abolitionist movement. The word abolition focuses on a negative goal, but prison abolitionists have a positive agenda that is just as important. They believe the key to abolishing prisons is to address the social, economic, and political conditions that cause crime, thus obviating the need for prisons.... |
2023 |
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| Christopher Ian Kim |
PULLING BACK THE VEIL: EXPOSING PERNICIOUS USES OF FACIAL RECOGNITION TECHNOLOGY |
22 Washington University Global Studies Law Review 53 (2023) |
Facial recognition is nothing new. Technology giants have been developing and implementing facial recognition for years; our iPhone lock mechanisms are proof of that. The potential uses for facial recognition are limitless and many companies already wield the capability to create powerful tools. Several countries, enticed by the promise of such... |
2023 |
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| Eva Dickey |
QUALIFIED IMMUNITY UNDER SECTION 1983: THE PROTECTIVE VEIL OF "CLEARLY ESTABLISHED" |
96 Chicago-Kent Law Review 247 (2023) |
In 1871, in the midst of Reconstruction, Congress passed An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, which came to be known as both the Ku Klux Klan Act (Ku Klux Act) and the Civil Rights Act of 1871. Section 1 of this Act read That any person who, under color of any law, statute,... |
2023 |
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