| Author | Title | Citation | Summary | Year | Key Terms |
| Osagie K. Obasogie , Peyton Provenzano |
RACE, RACISM, AND POLICE USE OF FORCE IN 21ST CENTURY CRIMINOLOGY: AN EMPIRICAL EXAMINATION |
69 UCLA Law Review 1206 (January, 2023) |
Race scholars have voiced concerns about the field of c riminology and how it examines issues pertaining to race, racism, and racial difference. Various critiques have been made, from the field's overly positivist approach that privileges white logics that obscure the nuance of race relations to methodological critiques on how the field... |
2023 |
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| Yuvraj Joshi |
RACIAL EQUALITY COMPROMISES |
111 California Law Review 529 (April, 2023) |
Can political compromise harm democracy? Black advocates have answered this question for centuries, even as most academics have ignored their wisdom about the perils of compromise. This Article argues that America's racial equality compromises have systematically restricted the rights of Black people and have generated inequality and distrust,... |
2023 |
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| Michael Heise |
RACIAL ISOLATION, SCHOOL POLICE, AND THE "SCHOOL-TO-PRISON PIPELINE": AN EMPIRICAL PERSPECTIVE ON THE ENDURING SALIENCE OF "TIPPING POINTS" |
71 Buffalo Law Review 163 (April, 2023) |
Two broad trends inform public K-12 education's current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource... |
2023 |
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| Jennifer S. Hunt , Stephane M. Shepherd |
RACIAL JUSTICE IN PSYCHOLEGAL RESEARCH AND FORENSIC PSYCHOLOGY PRACTICE: CURRENT ADVANCES AND A FRAMEWORK FOR FUTURE PROGRESS |
47 Law and Human Behavior 1 (February, 2023) |
Police killings of Black civilians have brought unprecedented attention to racial and ethnic discrimination in the criminal justice and legal systems. However, these topics have been underexamined in the field of law--psychology, both in research and forensic--clinical practice. We discuss how a racial justice framework can provide guidance for... |
2023 |
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| Anabelle Roy |
READY OR NOT CONGRESS, HERE IT COMES: THE EXPANSION OF FACIAL RECOGNITION TECHNOLOGY MAKES ITS WAY INTO POLICE PRACTICES |
75 Florida Law Review 583 (May, 2023) |
Good, old-fashioned police work does not have the same meaning it had just two decades ago. The use of facial recognition technology by law enforcement agencies across America has proliferated within just the last decade, with some jurisdictions installing thousands of cameras across their cities. Local law enforcement agencies have tracked... |
2023 |
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| Athena D. Mutua |
REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH |
100 Denver Law Review 553 (Spring, 2023) |
Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... |
2023 |
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| Veronica Root Martinez |
REFRAMING THE DEI CASE |
46 Seattle University Law Review 399 (Winter, 2023) |
Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of... |
2023 |
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| Dylan Saul |
SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS |
107 Minnesota Law Review 1311 (February, 2023) |
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... |
2023 |
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| Paul Butler |
SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM |
121 Michigan Law Review 1071 (April, 2023) |
Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell. New York: Astra House. 2021. Pp. 288. Cloth, $28. Paper, $18. Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson. New York: New York University Press. 2022. Pp. 312. $45. Black women are guiding... |
2023 |
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| Caitlyn Coffey |
SMOKE AND SEIZURE: HOLDING LAW ENFORCEMENT ACCOUNTABLE FOR THE USE OF CHEMICAL IRRITANTS ON LAWFUL PROTESTERS BY MEANS OF THE FOURTH AMENDMENT IN THE AGE OF TORRES v. MADRID |
60 American Criminal Law Review Online 1 (2023) |
On March 7th, 1965, over five hundred people marched in Selma, Alabama to confront the Governor of Alabama for his failure to hold law enforcement accountable after young Jimmie Lee Jackson was shot and murdered by a state trooper. The demonstrators, linked arm-in-arm, were met with a wall of state troopers, gas masks affixed to their faces and... |
2023 |
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| Melany Amarikwa |
SOCIAL MEDIA PLATFORMS' RECKONING: THE HARMFUL IMPACT OF TIKTOK'S ALGORITHM ON PEOPLE OF COLOR |
29 Richmond Journal of Law and Technology 69 (2023) |
Social media platforms have become an integral part of our daily lives. The growing societal reliance on these social platforms calls for a greater understanding of how they impact and engage with people of color. TikTok's innovative use of recommendation algorithms has disrupted the social media industry. This Article exposes the harm people of... |
2023 |
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| Paul H. Robinson , Jeffrey Seaman , Muhammad Sarahne |
STANDING BACK AND STANDING DOWN: CITIZEN NON-COOPERATION AND POLICE NON-INTERVENTION AS CAUSES OF JUSTICE FAILURES AND CRIME |
51 Hofstra Law Review 923 (Summer, 2023) |
It may surprise many that America's justice system fails to find or punish offenders for the vast majority of serious crimes. Failures of justice are the norm, not the exception. Most killers get away with murder. In 2020, there were 24,576 homicides in America, and police solved just 10,115 of those--41.2%. Even worse, usually less than half of... |
2023 |
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| Jennifer S. Fan |
STARTUP BIASES |
56 U.C. Davis Law Review 1423 (April, 2023) |
This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First,... |
2023 |
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| Jon L. Mills, Caroline S. Bradley-Kenney |
SURVEILLANCE AND POLICING TODAY: CAN PRIVACY AND THE FOURTH AMENDMENT SURVIVE NEW TECHNOLOGY, ARTIFICIAL INTELLIGENCE AND A CULTURE OF INTRUSION? |
33 University of Florida Journal of Law and Public Policy 183 (Spring, 2023) |
We are on the verge of a surveillance state. New technologies enable intrusions unimagined two decades ago. Our current culture voluntarily provides intimate personal details that are available to the world and to law enforcement. Current interpretations of Fourth Amendment privacy protections are failing to protect individuals from this brave new... |
2023 |
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| Victoria Nauman |
TACKLING DISCRIMINATION IN THE NFL: HOW THE RECENT CTE RACE-NORMING AGREEMENT HIGHLIGHTS THE NEED TO PROVIDE BROADER ANTI-DISCRIMINATION PROTECTIONS FOR NFL PLAYERS THROUGH COLLECTIVE BARGAINING AGREEMENTS |
14 William & Mary Business Law Review 489 (February, 2023) |
Chronic traumatic encephalopathy (CTE) is becoming a commonly known consequence of playing football. Many have become stunned at the effects of CTE among some of the National Football League's (NFL) most popular players. While the NFL agreed to compensate players who have suffered the effects of CTE, they did not do so fairly. The NFL employed... |
2023 |
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| Oladeji Tiamiyu , Amy Schmitz , Colin Rule |
TECHNOLOGY DRIVEN RACIAL RECONCILIATION: A PRACTICAL GUIDE FOR THE USE OF TECHNOLOGY IN TRUTH COMMISSIONS |
38 Ohio State Journal on Dispute Resolution 59 (2023) |
I. Introduction A. Technology's Relevance for Transformative Reconciliation B. Technology's Role in Promoting Stakeholder Trust C. Technology's Role in Facilitating Personal Connections Without Sacrificing Understanding D. Technology's Role in Promoting Greater Flexibility in the System Design II. Tensions and Caveats Around Using Technology with... |
2023 |
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| Leah M. Watson |
THE ANTI-"CRITICAL RACE THEORY" CAMPAIGN - CLASSROOM CENSORSHIP AND RACIAL BACKLASH BY ANOTHER NAME |
58 Harvard Civil Rights-Civil Liberties Law Review 487 (Summer, 2023) |
This Article explores the rise of the anti-critical race theory movement, arguing that it is backlash to progress towards racial justice. Instruction on racism, culturally relevant teaching methods, and critical race theory-- collectively, race conscious instruction--improve students' comprehension, engagement, analytical skills, and social... |
2023 |
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| Gregory S. Parks , Etienne C. Toussaint |
THE COLOR OF LAW REVIEW |
103 Boston University Law Review 181 (February, 2023) |
Of the approximately sixty-five Black law review Editors-in-Chief (EICs) throughout U.S. history, at least thirty-eight--more than half--were elected in the past ten years. What inspired the dramatic increase in the diversity of law review leadership in recent history, and why has it taken so long? This question--what this Article calls law... |
2023 |
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| Trevor George Gardner |
THE CONFLICT AMONG AFRICAN AMERICAN PENAL INTERESTS: RETHINKING RACIAL EQUITY IN CRIMINAL PROCEDURE |
171 University of Pennsylvania Law Review 1699 (June, 2023) |
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure.... |
2023 |
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| John Crain |
THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS |
86 Albany Law Review 599 (2022-2023) |
Weinstein copped to groping her the previous day: a full, dramatic confession, caught on tape .. [T]wo weeks after Gutierrez reported Weinstein to the police, the district attorney's office announced that it wasn't going to press charges .. Law enforcement officials began to whisper that the DA's office had behaved strangely. -Ronan Farrow on... |
2023 |
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| LaToya Baldwin Clark |
THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS |
132 Yale Law Journal 2139 (May, 2023) |
In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... |
2023 |
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| Lynda Wray Black |
THE DAY THE FIGHT SONG DIED: THE ALSTON CONCURRENCE THAT BECAME THE PLAYBOOK |
53 University of Memphis Law Review 1009 (Summer, 2023) |
Abstract. 1010 I. Introduction. 1011 II. The Halcyon Days of Amateurism. 1012 III. The Beginning of the End. 1017 A. A Tale of Two Student-Athletes. 1017 B. Prior Attacks on Amateurism. 1020 IV. The Shifting Landscape: Amnesty From Amateurism Becomes Animosity For Amateurism. 1021 A. Antitrust Attacks on the NCAA: Comparing Regents and Alston. 1021... |
2023 |
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| Shirin Bakhshay |
THE DISSOCIATIVE THEORY OF PUNISHMENT |
111 Georgetown Law Journal 1251 (June, 2023) |
The American public has complex views on criminal punishment. They are driven primarily by retributive motivations. But they have other justice considerations, such as restoration and rehabilitation, that can be activated in different ways. Laypersons are also motivated to psychologically distance and dissociate from those they perceive to be... |
2023 |
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| Caitlin Millat |
THE EDUCATION--DEMOCRACY NEXUS AND EDUCATIONAL SUBORDINATION |
111 Georgetown Law Journal 529 (March, 2023) |
Many believe that American democracy is in critical danger. These heightened concerns about democracy's survival have spurred conversation about the role public education can and should play in American life. At the same time, a wave of legislation has emerged that not only threatens to minimize public education's democratizing and equity-enhancing... |
2023 |
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| Ofer Raban |
THE FREE SPEECH OF PUBLIC EMPLOYEES AT A TIME OF POLITICAL POLARIZATION: CLARIFYING THE PICKERING BALANCING TEST |
60 Houston Law Review 653 (Winter, 2023) |
The First Amendment restricts the ability of government employers to punish public employees for their speech. The governing constitutional standard, known as the Pickering test, is a flexible balancing inquiry pitting the interests of the government as an employer against the free speech interests of their employees. But this seemingly simple... |
2023 |
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| Ava Ayers |
THE IMPOSSIBILITY OF LOCAL POLICE REFORM |
50 Fordham Urban Law Journal 609 (April, 2023) |
Why weren't there transformational changes to policing in the United States after the murder of George Floyd and the uprising that followed? While there are many reasons, including entrenched racism and inertia, I want to point to structural factors that make police reform impossible in many localities, and surpassingly difficult in all. First, the... |
2023 |
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| Mark S. Brodin |
THE LEGACY OF TRAYVON MARTIN--NEIGHBORHOOD WATCHES, VIGILANTES, RACE, AND OUR LAW OF SELF-DEFENSE |
106 Marquette Law Review 593 (Spring, 2023) |
White people go around, it seems to me, with a very carefully suppressed terror of Black people--a tremendous uneasiness. They don't know what the Black face hides. They're sure it's hiding something. What it's hiding is American history. What it's hiding is what White people know they have done, and what they like doing. --James Baldwin Trayvon... |
2023 |
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| Vincent M. Southerland |
THE MASTER'S TOOLS AND A MISSION: USING COMMUNITY CONTROL AND OVERSIGHT LAWS TO RESIST AND ABOLISH POLICE SURVEILLANCE TECHNOLOGIES |
70 UCLA Law Review 2 (June, 2023) |
The proliferation and use of technology by law enforcement is rooted in the hope that technological tools can improve policing. Improvement, however, is relative. Quantitative data and qualitative experience have proven the criminal legal system a site of racial injustice and rank brutality. Police are one of the principal instruments of those... |
2023 |
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| Michal Barzuza , Quinn Curtis , David H. Webber |
THE MILLENNIAL CORPORATION: STRONG STAKEHOLDERS, WEAK MANAGERS |
28 Stanford Journal of Law, Business & Finance 255 (Spring, 2023) |
The most important phenomenon in the corporate world today is the swift and dramatic rise of the Environmental, Social, and Governance (ESG) movement. Commentators have tried to fit this development into familiar frameworks of shareholder value or management entrenchment. In contrast, in this Article we develop, for the first time, a theory of... |
2023 |
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| Kindaka J. Sanders |
THE NEW DREAD, PART II: THE JUDICIAL OVERTHROW OF THE REASONABLENESS STANDARD IN POLICE SHOOTING |
71 Cleveland State Law Review 1029 (2023) |
C1-2Contents I. Introduction. 1030 II. Excessive Force Law. 1035 A. General. 1035 B. At Common Law. 1041 C. Case Law. 1041 1. Tennessee v. Garner. 1041 2. Graham v. Connor. 1043 3. Scott v. Harris. 1046 4. Plumhoff v. Rickard. 1048 5. County of Los Angeles v. Mendez. 1050 D. Qualified Immunity. 1051 III. Sea Change. 1056 A. Right to Resist an... |
2023 |
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