| Author | Title | Citation | Summary | Year | Key Terms |
| Sarah Mikva Pfander |
THE PATH TO MUNICIPAL LIABILITY FOR RACIALLY DISCRIMINATORY POLICING |
69 UCLA Law Review 1270 (January, 2023) |
Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic... |
2023 |
|
| Russell M. Gold , Kay L. Levine |
THE PUBLIC VOICE OF THE DEFENDER |
75 Alabama Law Review 157 (2023) |
Introduction. 158 I. Defenders Driving Disruptive Change Through Social Media. 166 A. Social Media as a Tool of Social Movements. 168 B. Defenders' Strategic Social Networking. 172 1. Social Networking Sites. 174 a. Facebook. 174 i. The Platform's Features. 174 ii. Defenders' Use. 176 b. X (Twitter). 178 i. The Platform's Features. 178 ii.... |
2023 |
|
| Madalyn K. Wasilczuk |
THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE |
111 Georgetown Law Journal 1125 (May, 2023) |
C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... |
2023 |
|
| Jancy Nielson, Esq. |
THE SLOW RACE: ACHIEVING EQUITY THROUGH LEGISLATIVE AND AGENCY MINORITY IMPACT STATEMENTS |
41 Minnesota Journal of Law & Inequality 45 (Summer, 2023) |
The Iowa Legislature enacted the nation's first minority impact statement legislation in 2008. This legislation came after a study by Marc Mauer from the Sentencing Project ranked Iowa as the worst state in the country for racially disproportionate incarceration. Former Iowa State Representative Wayne Ford championed this legislation in Iowa, which... |
2023 |
|
| Lakia Faison , Laura Smalarz , Stephanie Madon , Kimberley A. Clow |
THE STIGMA OF WRONGFUL CONVICTION DIFFERS FOR WHITE AND BLACK EXONEREES |
47 Law and Human Behavior 137 (February, 2023) |
Objective: Black people are disproportionately targeted and disadvantaged in the criminal legal system. We tested whether Black exonerees are similarly disadvantaged by the stigma of wrongful conviction. Hypotheses: In Experiment 1, we predicted that the stigma of wrongful conviction would be greater for Black than White exonerees. After finding... |
2023 |
|
| Shlomit Yanisky-Ravid, Kyle Fleming |
THE TRIPARTITE MODEL OF FACIAL RECOGNITION: BRIDGING THE GAP BETWEEN PRIVACY, PUBLIC SAFETY, TECHNOLOGY AND THE FOURTH AND FIRST AMENDMENTS |
37 Notre Dame Journal of Law, Ethics & Public Policy 159 (2023) |
Facial Recognition Technologies (FRT) are being rapidly adopted by federal agencies in the U.S. and across the globe. U.S. law enforcement agencies are increasingly using body-worn cameras, which implicate sensitive human and civil rights issues when paired with FRT. Federal agencies are not only using these technologies, but also investing in... |
2023 |
|
| David Kinzer |
THE UNFULFILLED PROMISE OF THE DETROIT BOARD OF POLICE COMMISSIONERS |
69 Wayne Law Review 65 (Spring, 2023) |
I. Introduction. 65 II. Background. 69 A. Early Patterns of Racialized Police Violence. 69 B. John Nichols: Naked in the Jungle of Politics. 72 C. Election Day 1973. 75 D. Implementing Affirmative Action. 78 E. The Fight for Power. 80 F. Throttled Reforms and Stagnation. 84 III. Analysis. 90 A. Revisiting Deadly Force and Qualifying Success. 91... |
2023 |
|
| Lindsay Willson |
TIKTOK v. TRUMP: THE "RENEGADE" OF DIGITAL FAIR TRADE |
24 Oregon Review of International Law 263 (2023) |
I. Overview: What Is TikTok?. 264 A. Behind The Feed--China's Ownership of TikTok and Regulatory Policies. 268 B. TikTok's Content and Data Collection Issues. 271 II. TikTok v. Trump. 279 A. Framing the Dispute. 279 B. Outcome of Litigation. 281 C. Why Trump Failed: Unilateralism in International Digital Trade. 284 1. Defining International Digital... |
2023 |
|
| Mark A. Lemley, Mark P. McKenna |
TRADEMARK SPACES AND TRADEMARK LAW'S SECRET STEP ZERO |
75 Stanford Law Review 1 (January, 2023) |
Abstract. When is a design just a design, and when is it a trademark? Over the last several decades, courts have developed a clear framework for evaluating the distinctiveness of certain unconventional marks, especially those typically conceived of as trade dress. The Supreme Court has drawn a line between product packaging, on the one hand, and... |
2023 |
|
| James Roth |
TRANSFORMING THE MINNEAPOLIS POLICE DEPARTMENT TO CONFORM WITH THE RULE OF LAW: REFORM OR ABOLITION |
49 Mitchell Hamline Law Review 474 (April, 2023) |
I. Introduction. 475 II. Rule of Law. 477 III. Background. 477 A. History of the Minneapolis Police Department. 477 B. Statistical Disparities. 486 C. The Murder of George Floyd and Its Aftermath. 487 D. 2021 Referendums to Amend Minneapolis City Charter and Citywide Elections. 490 E. Post-November 2021 Election Developments. 494 F. Department of... |
2023 |
|
| Lindsay Sain Jones , Goldburn P. Maynard, Jr. |
UNFULFILLED PROMISES OF THE FINTECH REVOLUTION |
111 California Law Review 801 (June, 2023) |
While financial technology (fintech) has the potential to make financial services more accessible and affordable, hope that technology alone can solve the complex issue of wealth inequality is misplaced. After all, fintech companies are still subject to the same market forces as traditional financial institutions, with little incentive to address... |
2023 |
|
| |
UNITED STATES: MASSACHUSETTS: FEDERAL JUDGE RULES GROCERY STORE DID NOT RETALIATE OVER FACEMASK DRESS CODE POLICY |
Labor & Employment Law 2213238 (2023) |
Article by Bernard J. Bobber and Zachary V. Zagger of Ogletree, Deakins, Nash, Smoak & Stewart On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing of facemasks with Black... |
2023 |
|
| Jon D. Michaels , David L. Noll |
VIGILANTE FEDERALISM |
108 Cornell Law Review 1187 (July, 2023) |
In battles over abortion, religion, sexuality, gender, and race, state legislatures are mass producing a new weapon. From Texas's S.B. 8 to book bans and a flurry of bills empowering parents to sue schools that acknowledge LGBTQ+ identities or implement anti-racist curricula, state legislatures are enacting laws that call on private parties--and... |
2023 |
|
| Frank D. LoMonte , Paola Fiku |
WATCH WHERE YOU CHALK, 'CAUSE THE SIDEWALKS TALK: THE FIRST AMENDMENT AND EPHEMERAL "OCCUPATIONS" OF PUBLIC PROPERTY |
47 Vermont Law Review 487 (Summer, 2023) |
Introduction. 487 I. First Things First: The Forum Beneath Your Feet. 490 A. The Right to Use Public Property as a Platform for Speech. 490 B. Cracks in the Sidewalk as Forum. 493 II. Chalking as Protest: Cases and Controversies. 499 A. Battle Lines Drawn: Campus Chalking Clashes. 499 B. Is There a Right to Write?. 501 1. Chalking Prohibitions... |
2023 |
|
| Yuvraj Joshi |
WEAPONIZING PEACE |
123 Columbia Law Review 1411 (June, 2023) |
American racial justice opponents regularly wield a desire for peace, stability, and harmony as a weapon to hinder movement toward racial equality. This Essay examines the weaponization of peace historically and in legal cases about property, education, protest, and public utilities. Such peace claims were often made in bad faith and with little or... |
2023 |
|
| Samantha Newman |
WHAT A WASTE! AN EVALUATION OF FEDERAL AND STATE MEDICAL AND BIOHAZARD WASTE REGULATIONS DURING THE COVID-19 PANDEMIC AND THEIR IMPACT ON ENVIRONMENTAL JUSTICE |
34 Villanova Environmental Law Journal 57 (2023) |
Scientists first reported the novel human coronavirus (COVID-19) disease in late 2019. On March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic, meaning it is a disease that is prevalent across the globe. COVID-19 is one of only five documented pandemics since the 1918 flu. Understanding the COVID-19 virus and its global... |
2023 |
|
| Nancy C. Marcus |
WHEN "RIOT" IS IN THE EYE OF THE BEHOLDER: THE CRITICAL NEED FOR CONSTITUTIONAL CLARITY IN RIOT LAWS |
60 American Criminal Law Review 281 (Spring, 2023) |
In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially... |
2023 |
|
| Aníbal Rosario Lebrón |
WHEN SAYING GAY IS NO LONGER SUFFICIENT: RESPONSE TO MARIE-AMÉLIE GEORGE'S EXPANDING LGBT |
73 Florida Law Review Forum 21 (2023) |
In October of 2022, The New York Times published a provocative opinion piece that advocated for reclaiming the use of the word gay, which has fallen in favor of the term queer in media, academia, activism, and other circles. The article skillfully pointed out how queer and gay should not be conflated as they are not synonymous. However, the author,... |
2023 |
|
| Gregory S. Parks |
WHITENESS AS IDEOLOGY |
73 Case Western Reserve Law Review 613 (Spring, 2023) |
I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn't lose any voters, okay. --Donald Trump I want you so bad I'll go back on the things I believe. --John Mayer You can't be pro-insurrection and pro-cop. You can't be pro-insurrection and pro-democracy. You can't be pro-insurrection and pro-American. --Joe Biden... |
2023 |
|
| Daniel S. Harawa |
WHITEWASHING THE FOURTH AMENDMENT |
111 Georgetown Law Journal 923 (May, 2023) |
A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... |
2023 |
|
| Sergio Alberto Gramitto Ricci , Christina M. Sautter |
WIRELESS INVESTORS & APATHY OBSOLESCENCE |
100 Washington University Law Review 1653 (2023) |
This Article discusses how a subgenre of retail investors makes investors' apathy obsolete. In prior work, we dub retail investors who rely on technology and online communications in their investing and corporate governance endeavors wireless investors. By applying game theory, this Article discusses how wireless investors' global-scale online... |
2023 |
|
| Jennifer S. Fan |
WOKE CAPITAL REVISITED |
46 Seattle University Law Review 421 (Winter, 2023) |
Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (DEI) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of... |
2023 |
|
| Lydia Davenport |
WOULD JUSTICE SCALIA THINK BLACK GUNS MATTER? |
47 New York University Review of Law and Social Change 1 (2023) |
Do Black Guns Matter? This Article considers what Justice Scalia's opinion in District of Columbia v. Heller tells us about how the law treats Black gun owners' rights. The opinion appears to tell two stories. One elevates white gun holders through three white paradigms: the colonial revolutionary, the frontiersman, and the hunter. The second... |
2023 |
|
| Charisa Smith |
YOUTH VISIONS AND EMPOWERMENT: RECONSTRUCTION THROUGH REVOLUTION |
75 Rutgers University Law Review 825 (Spring, 2023) |
We've had this idea of growing up thinking, what the heck is this? What the heck is going on? .. [T]his isn't right. This is crazy. We need a whole new system .. OK, you guys might have been raised to think that this system benefits you, but you've been brainwashed. Let us give it to you straight. --Lily Mandel at age seventeen, organizer at Bucks... |
2023 |
|
| Harvey Gee |
"BANG!": SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY, PREDICTIVE POLICING, AND MEASURING TERRY'S REACH |
55 University of Michigan Journal of Law Reform 767 (Summer, 2022) |
ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights... |
2022 |
|
| Steven Arrigg Koh |
"CANCEL CULTURE" AND CRIMINAL JUSTICE |
74 Hastings Law Journal 79 (December, 2022) |
This Article explores the relationship between two normative systems in modern society: cancel culture and criminal justice. It argues that cancel culture--a ubiquitous phenomenon in contemporary life--may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture's... |
2022 |
|
| Abigail K. Coker |
"CLOSE THE SORES OF WAR": WHY GEORGIA NEEDS NEW LEGISLATION TO ADDRESS ITS CONFEDERATE MONUMENTS |
38 Georgia State University Law Review 629 (Winter, 2022) |
Let us put the cannons of our eyes away forever. Our one and only Civil War is done. Let us tilt, rotate, strut on. If we, the living, do not give our future the same honor as the sacred dead--of then and now--we lose everything. -Nikky Finney Confederate monuments have been a point of contention in America for decades, but a series of events... |
2022 |
|
| Thijs Jeursen, Utrecht University |
"COVER YOUR ASS": INDIVIDUAL ACCOUNTABILITY, VISUAL DOCUMENTATION, AND EVERYDAY POLICING IN MIAMI |
45 PoLAR: Political and Legal Anthropology Review 186 (November, 2022) |
In the context of police violence and the proliferation of cameras, a growing body of anthropological scholarship has sought to understand the role of photography and its relationship to everyday policing. While scholarly attention has been given to how cameras can intensify a racialized visuality of crime and justify violent policing practices,... |
2022 |
|
| The Honorable Denny Chin , Kathy Hirata Chin |
"KUNG FLU": A HISTORY OF HOSTILITY AND VIOLENCE AGAINST ASIAN AMERICANS |
90 Fordham Law Review 1889 (April, 2022) |
Introduction. 1890 I. Background. 1892 II. Historic Hostility and Violence. 1896 A. Mob Violence. 1896 1. Los Angeles Massacre of 1871. 1897 2. Rock Springs Massacre of 1885. 1901 3. Hells Canyon Massacre of 1887. 1904 4. Watsonville Riots of 1930. 1905 B. Expulsions. 1907 1. Eureka, California--1885. 1908 2. Seattle, Washington Territory--1886.... |
2022 |
|
| Mary-Elizabeth B. Murphy |
"MAKE WASHINGTON SAFE FOR NEGRO WOMANHOOD": THE POLITICS OF POLICE BRUTALITY IN WASHINGTON, D.C., 1920-1945 |
59 California Western Law Review 87 (Fall, 2022) |
C1-2Table of Contents Introduction. 88 I. The Criminalization of Black Women in Washington, D.C. 99 II. D.C. Cops a Terror to Women: Brutality Surges. 103 A. Officers' Invasion of Black-Owned Homes. 105 B. Officers' Violence on the Streets. 107 C. Officers' Retaliation Against Attempted Intervention. 110 1. The Story of Cornelia Diggs and Dedia... |
2022 |
|