| Author | Title | Citation | Summary | Year | Relevancy |
| Angka E. Hinshaw, Esq. |
CONVERSATIONS: A TRIBUTE TO JUSTICE DAVID |
56 Indiana Law Review 29 (2022) |
Justice David is a decorated former military lawyer and a respected Indiana judicial officer. But what is it like to work with him off the bench and in the community? Years ago, as a new attorney, I heard Justice David speak at the Indiana State Bar Association Leadership Development Academy (LDA) orientation retreat. He was fun, dynamic, and... |
2022 |
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| Jonathan Abel |
COP-"LIKE" ("<>"): THE FIRST AMENDMENT, CRIMINAL PROCEDURE, AND THE REGULATION OF POLICE SOCIAL MEDIA SPEECH |
74 Stanford Law Review 1199 (June, 2022) |
Abstract. What happens when a law-enforcement officer makes an offensive comment on social media? Increasingly, police departments, prosecutors, courts, and the public have been confronted with the legal and normative questions resulting from officers' racist, sexist, and violent social media comments. On one side are calls for severe discipline... |
2022 |
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| Michaela S. Morrissey |
COPYRIGHT TAKES TO THE STREETS: PROTECTING GRAFFITI UNDER THE VISUAL ARTISTS RIGHTS ACT |
56 University of Richmond Law Review 735 (Winter, 2022) |
Artists who choose the streets as their canvas--whether to beautify neighborhoods, spark political protest, or merely mark their territory--are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory.... |
2022 |
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| Nicholas F. Stump |
COVID, CLIMATE CHANGE, AND TRANSFORMATIVE SOCIAL JUSTICE: A CRITICAL LEGAL RESEARCH EXPLORATION |
47 William and Mary Environmental Law and Policy Review 147 (Fall, 2022) |
This Article explores intertwined contemporary crises via the Critical Legal Research framework (CLR), as initially developed by the critical legal scholars Richard Delgado and Jean Stefancic. CLR as conceived of in this Article entails a truly radical approach to the legal research and analysis regime. While the traditional research regime--as... |
2022 |
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| Matthew A. Gasperetti |
CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS |
76 University of Miami Law Review 525 (Winter, 2022) |
Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... |
2022 |
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| Bryonn Bain |
CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA |
6 Howard Human & Civil Rights Law Review 159 (2021-2022) |
Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... |
2022 |
|
| Abbe Smith |
DEFENDING GIDEON |
26 U.C. Davis Social Justice Law Review 235 (Summer, 2022) |
C1-2Table of Contents Introduction. 236 I. Paul Butler's Critique of Gideon. 239 II. Individual Rights May Not Be Everything, but They Are Essential to Individual Dignity. 249 III. Rights Are for the Guilty as Well as the Innocent, an Understanding That Is Essential to Ending Mass Incarceration. 258 IV. Defenders Are Allies and Supporters of the... |
2022 |
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| Rick Su , Anthony O'Rourke , Guyora Binder |
DEFUNDING POLICE AGENCIES |
71 Emory Law Journal 1197 (2022) |
This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding... |
2022 |
|
| Lawrence J. Trautman |
DEMOCRACY AT RISK: DOMESTIC TERRORISM AND ATTACK ON THE U.S. CAPITOL |
45 Seattle University Law Review 1153 (Summer, 2022) |
The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the... |
2022 |
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| Warigia M. Bowman |
DIKOS NITSAA'IGII-19 ("THE BIG COUGH"): COAL, COVID-19, AND THE NAVAJO NATION |
73 Hastings Law Journal 975 (May, 2022) |
Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had already disfigured colonial society. From the sixteenth century forward, blood flowed in battles over racial supremacy. Moreover, we... |
2022 |
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| Jamelia Morgan |
DISABILITY, POLICING, AND PUNISHMENT: AN INTERSECTIONAL APPROACH |
75 Oklahoma Law Review 169 (Autumn, 2022) |
Disabled people of color are uniquely vulnerable to policing and punishment. Proponents of police reform and, more recently, police abolition note that disabled people, particularly people with psychiatric disabilities, are vulnerable to citation and arrest. Indeed, data on the high percentages of people in prisons and jails who report having a... |
2022 |
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| Atinuke O. Adediran |
DISCLOSURES FOR EQUITY |
122 Columbia Law Review 865 (May, 2022) |
This Article addresses how to increase funding to nonprofit organizations that are led by minorities or serve communities of color and how to hold corporations and private foundations who make public commitments to fund these organizations accountable for those commitments. The Article makes two policy recommendations to address these problems,... |
2022 |
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| Rachael Hanna, Eric Halliday |
DISCRETION WITHOUT OVERSIGHT: THE FEDERAL GOVERNMENT'S POWERS TO INVESTIGATE AND PROSECUTE DOMESTIC TERRORISM |
55 Loyola of Los Angeles Law Review 775 (Summer, 2022) |
Following the Jan. 6, 2021, attack on the U.S. Capitol, elected officials and terrorism experts renewed calls for Congress to pass a domestic terrorism statute to empower the federal government to pursue white supremacists and other domestic terrorists. But, the debate over whether the federal government needs additional powers to investigate... |
2022 |
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| Anita L. Allen |
DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM |
131 Yale Law Journal Forum 907 (2/20/2022) |
abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... |
2022 |
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| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
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| Matthew L. Schafer |
DOES HOUCHINS v. KQED, INC. MATTER? |
70 Buffalo Law Review 1331 (August, 2022) |
C1-2Contents Contents. 1331 Introduction. 1333 I. The Court's Access Jurisprudence. 1336 A. The Early Cases. 1337 1. Houchins v. KQED, Inc.. 1337 2. Gannett Co., Inc. v. DePasquale. 1367 3. Richmond Newspapers, Inc. v. Virginia. 1381 4. Globe Newspaper Co. v. Superior Court. 1397 B. The Later Cases. 1408 1. Press-Enterprise I (1984). 1409 2.... |
2022 |
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| Stefan J. Padfield |
DOES STAKEHOLDER CAPITALISM HAVE A (VIEWPOINT) DIVERSITY PROBLEM? |
13 University of Puerto Rico Business Law Journal 1 (2022) |
Introduction 1 I. The Free Enterprise Project's 2021 Investor Value Voter Guide 2 A. FEP's Investor Guide: Letter from the Director 3 B. FEP's Investor Guide: Who We Are, What We Do & What's New for 2021 4 C. FEP's Investor Guide: 2021 Shareholder Proposals 5 D. FEP & Allied Proposals: Viewpoint Diversity 5 E. FEP & Allied Proposals: Stakeholder... |
2022 |
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| Rachel Moran |
DOING AWAY WITH DISORDERLY CONDUCT |
63 Boston College Law Review 65 (January, 2022) |
Introduction. 66 I. Overview of Disorderly Conduct Laws. 70 A. Survey of Modern Disorderly Conduct Laws. 71 B. History and Evolution of Disorderly Conduct Laws. 75 II. Constitutional Problems with Disorderly Conduct Laws. 81 A. Facial Unconstitutionality. 81 B. Limiting Constructions to Avoid Facial Unconstitutionality. 85 C. Enabling... |
2022 |
|
| Kaitlin Hocker |
DROPPING THE MIC ON INDIE ARTISTS: HOW TRADEMARK LAW FAILS TO PROTECT INDEPENDENT ARTISTS AGAINST MUSIC INDUSTRY GIANTS |
30 Journal of Intellectual Property Law 189 (Fall, 2022) |
C1-2Table of Contents I. Introduction. 191 II. Background. 192 A. The Lady Antebellum Cases. 192 B. The Lanham Act vs. Common Law for Trademark Infringement Claims. 195 1. The Lanham Act. 195 2. Common Law. 197 C. Search Engine and Streaming Complications in Trademark Law. 198 III. ANALYSIS. 199 A. The Rebelution Case in Comparison with the Lady... |
2022 |
|
| Chris Brummer , Leo E. Strine, Jr. |
DUTY AND DIVERSITY |
75 Vanderbilt Law Review 1 (January, 2022) |
In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (DEI) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical... |
2022 |
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| E. Tendayi Achiume |
EMPIRE, BORDERS, AND REFUGEE RESPONSIBILITY SHARING |
110 California Law Review 1011 (June, 2022) |
Introduction. 1011 I. Imperial Domination. 1018 II. Imperial Intervention. 1029 III. A New Praxis?. 1033 Conclusion. 1038 |
2022 |
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| Lisa M. Fairfax |
EMPOWERING DIVERSITY AMBITION: BRUMMER AND STRINE'S DUTY AND DIVERSITY MAKES THE LEGAL AND BUSINESS CASE FOR DOING MORE, DOING GOOD, AND DOING WELL |
75 Vanderbilt Law Review En Banc 131 (2022) |
I. Corporate Diversity Leadership and Racial Inequity: A Tie that Binds. 134 II. Another Look at the Business Rationale. 140 III. Corporate Law as Diversity Mandate and Diversity Safe Harbor: Refuting the Myths of Diversity Detractors. 146 Conclusion. 154 |
2022 |
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| Andrew Gilden |
ENDORSING AFTER DEATH |
63 William and Mary Law Review 1531 (April, 2022) |
An endorsement is an act of giving one's public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair... |
2022 |
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| Scott Devito, Kelsey Hample, Erin Lain |
EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION |
55 University of Michigan Journal of Law Reform 597 (Spring, 2022) |
The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... |
2022 |
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| Molly Crain |
FINES, FEES, & FELON DISENFRANCHISEMENT: AN UNJUST PUNISHMENT BARRING A FUNDAMENTAL RIGHT |
110 Kentucky Law Journal 381 (2021-2022) |
Table of Contents. 381 Introduction. 382 I. Three Background Discussions. 384 A. The Origins of Felon Disenfranchisement and the Fundamental Right to Vote. 384 B. A State's Right to Disenfranchise: Modern Precedent and Historically Racist Ties. 386 i. Richardson v. Ramirez. 386 ii. Proposition 17. 387 iii. Historically Racist Ties. 388 C.... |
2022 |
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| Cynthia Lee |
FIREARMS AND INITIAL AGGRESSORS |
101 North Carolina Law Review 1 (December, 2022) |
Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... |
2022 |
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| Erica Goldberg |
FIRST AMENDMENT CONTRADICTIONS AND PATHOLOGIES IN DISCOURSE |
64 Arizona Law Review 307 (Summer, 2022) |
A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections are justified by the idea that rational, informed deliberation leads to peaceful decision-making, yet our marketplace of ideas is crowded with lies, reductive narratives,... |
2022 |
|
| Isabelle R. Gunning |
FOREWORD |
50 Southwestern Law Review 397 (2022) |
Southwestern Law Review's Spring Symposium Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality, produced in collaboration with the Southwestern Black Law Students Association seeks to respond to the mass movement for change that resulted from the murders of George Floyd, Breonna Taylor and numerous other African... |
2022 |
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| John Hasnas |
FREE SPEECH ON CAMPUS: COUNTERING THE CLIMATE OF FEAR |
20 Georgetown Journal of Law & Public Policy 975 (Special Issue 2022) |
Similar to the entertainment industry in the time of the blacklist, a climate of fear has descended on the nation's universities and colleges. It is the fear of being punished, not for what one does, but for what one says. Today, students and faculty frequently refrain from expressing unpopular or offensive positions--often conservative,... |
2022 |
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| Danielle Palmieri |
FROM INTERROGATION TO TRUTH: THE JUVENILE CUSTODIAL INTERROGATION, FALSE CONFESSIONS, AND HOW WE THINK ABOUT KIDS IN TROUBLE |
54 Connecticut Law Review Online 1 (May, 2022) |
False confessions are a prominent contributor to wrongful convictions. Yet law enforcement interrogation tactics, such as lying, deceit, and pressure, lead to false confessions and are practiced widely on adults and juveniles alike. This Article presents the unique psychological, cognitive, and social characteristics of juveniles which make them... |
2022 |
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