AuthorTitleCitationSummaryYearKey Terms
Maureen Johnson "THAT LITTLE GIRL WAS ME": KAMALA HARRIS AND THE CIVIL WHITES OF 1964 AND BEYOND 44 Cardozo Law Review 577 (December, 2022) C1-2Table of Contents Introduction. 579 I. That Little Girl Was Me: Civil White Oblivion and Supreme Court Decisions Gutting Equitable Race-Conscious Measures. 584 A. The World's Original Sin: Slavery and White Dominance Since the Beginning of Time. 586 1. From Aristotle to Colonial America to Jim Crow: The Long and Sordid History of... 2022  
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022  
Miriam A. Smith #BLACKLIVESMATTER . A HASHTAG, A RALLYING CRY, A SOCIAL MOVEMENT, A GLOBAL NETWORK . BUT NOT A TRADEMARK: AN ANALYSIS OF TRADEMARK PROTECTION FOR THE WELL-TURNED PHRASE OF A SOCIAL MOVEMENT (SLOGANS, TAGLINES, MOTTOES, AND HASHTAGS) 50 AIPLA Quarterly Journal 205 (Spring, 2022) I. Introduction. 207 II. The Historical Development of the Well-Turned Phrase: Slogans, Mottoes, and Hashtags. 214 A. Definitions. 214 B. Origins. 216 C. #BlackLivesMatter. 222 III. Trademark Law and the Well-Turned Phrase. 225 A. Common Grounds for Refusal. 232 B. Why are Some Slogans Protected and not Others?. 234 C. Criticisms of and Comments on... 2022  
Katya Assaf-Zakharov , Tim Schnetgöke (UN)OFFICIAL CITYSCAPES: THE BATTLE OVER URBAN NARRATIVES 57 Harvard Civil Rights-Civil Liberties Law Review 177 (Summer, 2022) C1-2Table of Contents Introduction. 178 I. Official Cityscapes Constructed. 180 A. Public Property. 181 1. Political and ideological expressions.. 184 2. Artistic expressions. 187 B. Residential Property. 200 1. Renters. 201 2. Homeowners living in communities governed by homeowner associations. 207 3. Homeowners living outside communal... 2022  
Sebastian O. Ross A "HISTORIC WESTSIDE" STORY: LAS VEGAS BLACK HISTORY, GAMING POLICY EFFECTS ON BLACK EMPLOYMENT, AND GAMING COMPANIES LEAVING MONEY ON THE TABLE 12 UNLV Gaming Law Journal 287 (Spring, 2022) Imagine yourself as a pop-cultural music icon, with generational talent propelling you into a social class in which many others from your background could not imagine themselves in. Your talent commands societal influence over entertainment, politics, and culture. Ultimately, your intangibles and hard work land you a contract performing on the Las... 2022  
Christina Hambleton A BLUEPRINT FOR MUNICIPAL POLICE REFORM 50 Capital University Law Review 265 (11/13/2022) Since a video recording of Derek Chauvin kneeling on George Floyd's neck sparked global outrage on May 25, 2020, millions in the United States have participated in demonstrations against the criminal justice system's failures to prevent police violations of Black persons' rights. Although these demonstrations were the largest and most powerful to... 2022  
Marni Goldstein Caputo, Kathleen Luz A BOOK CLUB WITH NO BOOKS: USING PODCASTS, MOVIES, AND DOCUMENTARIES TO INCREASE TRANSFER OF LEARNING, INCORPORATE SOCIAL JUSTICE THEMES, CREATE COMMUNITY, AND BOLSTER TRADITIONAL AND CHARACTER-BASED LEGAL SKILLS DURING A PANDEMIC 20 Seattle Journal for Social Justice 635 (Spring, 2022) In the fall of 2020, students entered law school under extreme circumstances. The COVID-19 pandemic led to isolation, depression, and restrictions on activities. A new hybrid learning environment was created. Social upheaval also caused unease. The 2020 national elections loomed, bringing divisive political discourse. The murder of George Floyd and... 2022  
Elizabeth Harmon A DEADLY COMBINATION: VIOLENT POLICE TRAINING, RACIAL BIAS, AND LENIENT COURTS 85 Albany Law Review 709 (2021-2022) Every American has a constitutional right against the use of excessive force by law enforcement; however, too often unarmed Black men not only have this right violated, but subsequently have courts tell them that the violation was legally acceptable. In the last decade, the disturbing number of unarmed Black men who are being killed by police every... 2022  
Erin C. Carroll A FREE PRESS WITHOUT DEMOCRACY 56 U.C. Davis Law Review 289 (November, 2022) C1-2Table of Contents Introduction. 289 I. The Economic Threat to the American Free Press. 293 A. What Economic Stress Has Wrought. 293 B. A Press Ripe for Autocratic Takeover. 297 II. The Political Threat & Its Impact on the Global Press. 301 A. The Traditional Autocratic Playbook. 305 B. The Updated Autocratic Playbook. 310 III. The Political... 2022  
Ande Davis A PREPONDERANCE OF BIAS: WHY ARTIFICIAL INTELLIGENCE SHOULD BE QUALIFIED IMMUNITY'S FATAL FLAW 61 Washburn Law Journal 565 (Spring, 2022) In the wake of the 2020 police killings of Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, Minnesota, the public discussion of criminal accountability for law enforcement was accompanied by a related discussion around civil remedies for victims. This secondary discussion brought new public attention to the impediments posed... 2022  
Kiah Duggins ABOLITION AND INTERNATIONAL HUMAN RIGHTS: TAIWAN'S AFFIRMATION OF BLACK AMERICAN ABOLITIONIST MOVEMENTS 57 Harvard Civil Rights-Civil Liberties Law Review 361 (Summer, 2022) America's use of police to maintain a social order that protects the interests of white upper-class citizens is similar to Taiwan's use of a police state to protect the interests of its authoritarian regime from 1945-1987. America's history and international positionality are vastly different from Taiwan's. However, grassroots movements that... 2022  
Jeannie Suk Gersen ACADEMIC FREEDOM AND DISCRIMINATION IN A POLARIZING TIME 59 Houston Law Review 781 (Symposium, 2022) Academic freedom is under attack from both the left and the right. The very notion of academic freedom is at stake as liberals and conservatives attack exercises of it that do not align with their political goals. Moreover, those who purport to champion academic freedom frequently end up attempting to restrict it. This trend has accompanied an... 2022  
Catherine Bramble, Rory Bahadur ACTIVELY ACHIEVING GREATER RACIAL EQUITY IN LAW SCHOOL CLASSROOMS 70 Cleveland State Law Review 709 (2022) 2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and... 2022  
Courtney Lauren Anderson ACTIVISMITIS 14 Northeastern University Law Review 185 (February, 2022) Introduction 191 I. Women's Rights Protests 191 A. The Beginning 192 B. Seneca Falls Convention of 1848 194 C. Conventions to Follow 195 i. Women's Rights Convention Rochester, NY (1848) 195 D. Organizations 196 E. Key Women for and Against the Inclusion of Women of Color 200 F. Recent Women's Marches 203 G. The Effects of the Women's Rights... 2022  
Bill Ong Hing ADDRESSING THE INTERSECTION OF RACIAL JUSTICE AND IMMIGRANT RIGHTS 9 Belmont Law Review 357 (Spring, 2022) Introduction. 358 I. The Intersection of Racial Justice and Immigrant Rights. 359 A. Anti-Blackness as Manifested in Immigration Laws and Enforcement. 359 1. Racial Justice and Immigration Law Enforcement. 361 a. Criminal Convictions. 361 b. Detention. 361 2. Police Brutality Against Black Immigrants. 363 3. Relevant Cases. 364 4. Legislation. 366... 2022  
Ezra Rosser AFFIRMATIVELY RESISTING 50 Florida State University Law Review 123 (Fall, 2022) This Article argues that administrative processes, in particular rule-making's notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which... 2022  
Zoe Masters AFTER DENIAL: IMAGINING WITH EDUCATION JUSTICE MOVEMENTS 25 University of Pennsylvania Journal of Law and Social Change 219 (2022) Abstract. In many U.S. states, Republican lawmakers are working to restrict how children can learn about racism. This article puts these efforts in context as part of a larger phenomenon of denial, which is integral to the social construction and maintenance of white supremacy. Denial has long been embedded in the constitutional framework that all... 2022  
W.C. Bunting AGAINST CORPORATE ACTIVISM: EXAMINING THE USE OF CORPORATE SPEECH TO PROMOTE CORPORATE SOCIAL RESPONSIBILITY 74 Oklahoma Law Review 245 (Spring, 2022) This Article offers a novel typography of expenditures on corporate social responsibility, highlighting that such spending often requires a public business corporation to engage in corporate speech. When this speech pertains to social or political issues unrelated to the company's business, this Article argues that such expenditures are generally... 2022  
Karen J. Pita Loor AN ARGUMENT AGAINST UNBOUNDED ARREST POWER: THE EXPRESSIVE FOURTH AMENDMENT AND PROTESTING WHILE BLACK 120 Michigan Law Review 1581 (June, 2022) Protesting is supposed to be revered in our democracy, considered as American as apple pie in our nation's mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets... 2022  
Richard Delgado , Jean Stefancic AN INTEREST-CONVERGENCE EXPLANATION OF THE 2020-2022 CONSERVATIVE ATTACK ON CRITICAL RACE THEORY: A COMMENT ON KYLE CAMPBELL'S LEGALLY BLACK: MATERIAL CONSTRUCTIONS OF RACE IN THE ATLANTIC WORLD 22 Journal of Law in Society 287 (Spring, 2022) C1-2CONTENTS Abstract. 287 Introduction. 288 I. The Attack on Critical Race Theory. 289 II. The Critical Race Theory Movement and its Critics. 289 III. Explaining the Attack: Interest Convergence and Materialism Today. 291 A. Disappointment over Trump's Loss. 293 B. The Replacement Theory. 294 C. The Pandemic. 295 1. Two Conversations. 295 a. A... 2022  
Majesta-Doré Legnini AN UNFULFILLED PROMISE: SECTION 1557'S FAILURE TO EFFECTIVELY CONFRONT DISCRIMINATION IN HEALTHCARE 28 William and Mary Journal of Race, Gender, and Social Justice 487 (Winter, 2022) When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education... 2022  
Eric K. Yamamoto , Suhyeon Burns , Taylor Takeuchi APOLOGY & REPARATION II: UNITED STATES ENGAGEMENT WITH NEAR-FINAL STAGES OF JEJU 4.3 SOCIAL HEALING 45 University of Hawaii Law Review 77 (Winter 2022) I. Overview: Healing The Persisting Wounds Of The Jeju 4.3 Tragedy. 78 A. Intertwining the 1980s Japanese American Coram Nobis Case Reopenings and the 2018 Jeju 4.3 Military Commissions Retrials. 83 B. What's Missing from the Jeju 4.3 Social Healing Initiative Even After Judge Chang's Rulings?. 86 C. Calls from Researchers, Residents, Human Rights... 2022  
Barry Friedman ARE POLICE THE KEY TO PUBLIC SAFETY?: THE CASE OF THE UNHOUSED 59 American Criminal Law Review 1597 (Fall, 2022) We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off... 2022  
Berta Esperanza Hernández-Truyol AWAKENING THE LAW: A LATCRITICAL PERSPECTIVE 20 Seattle Journal for Social Justice 927 (Summer, 2022) The law is asleep; it needs awakening--a concept deployed across myriad disciplines to denote attaining a deep consciousness about and connection with the human condition, human actions, and their consequences. The outcome of an awakening is a realization of raw truths that allows seeing realities otherwise obscured by our perceptual... 2022  
Matthew Epstein BALL NEVER LIES: HOW GUARANTEED CONTRACTS PROVIDE NBA PLAYERS MORE SECURITY THAN NFL PLAYERS TO ADVOCATE FOR SOCIAL JUSTICE 93 University of Colorado Law Review 253 (Winter, 2022) Introduction. 254 I. Current NBA and NFL CBAs Provide Varying Levels of Job Security in Player Contracts. 256 II. Formation of the National Basketball Players Association. 262 III. The Creation of the National Football League and Players Association. 267 IV. The History of the NBA and NFL Alongside Watershed Social Justice Movements in the United... 2022  
Rebecca Yin BANS WITH NO BITE: WHY RACIAL PROFILING BANS ARE UNABLE TO CREATE RACIAL JUSTICE IN POLICING 43 Cardozo Law Review 1677 (April, 2022) C1-2Table of Contents Introduction. 1678 I. Background. 1681 A. A System Primed for Abuse. 1681 B. The Racial Profiling Problem. 1683 II. Analysis. 1686 A. Limitations of Traffic Stop Data. 1686 B. Traffic Stop Demographics. 1690 C. Self-Sabotaging Statutes. 1692 III. Possible Solutions. 1700 A. Legislative and Policy Reform. 1701 B. Judicial... 2022  
Zohra Ahmed BARGAINING FOR ABOLITION 90 Fordham Law Review 1953 (April, 2022) Introduction. 1953 I. Labor as a Source of Value. 1956 II. Labor as Material Input. 1962 A. Prosecutors' Labor Power Fueled Mass Incarceration. 1963 B. The Misaccounting of Size. 1964 C. Defunding Violence Work: Seattle's Solidarity Budget. 1971 III. Labor as a Source of (Transformative) Power. 1973 A. United Teachers Los Angeles and Bargaining for... 2022  
Sherif Robert Hesni Jr. BASKETBALL ON STRIKE: THE ALL-STARS OF THE FIGHT FOR RACIAL EQUALITY 24 Vanderbilt Journal of Entertainment and Technology Law 561 (Spring, 2022) National Basketball Association players have a long history of fighting against racial injustice. In August 2020, players participated in the most attention-grabbing endeavor to date: a league-wide strike against racial discrimination in the United States. Refusing to play games entails financial risk for players because of a no-strike clause in... 2022  
Payton Pope BLACK LIVES MATTER IN THE JURY BOX: ABOLISHING THE PEREMPTORY STRIKE 74 Florida Law Review 671 (July, 2022) Since its creation, the Batson Challenge has been widely criticized as a failure. It does not prevent discrimination in the jury selection process, has no bite, and does not serve as an adequate incentive to prevent discriminatory practices. The Supreme Court of the United States has had multiple opportunities in the last thirty years to strengthen... 2022  
Gerald Lenoir BLACK LIVES MATTER IS A HUMAN RIGHTS ISSUE 55 Cornell International Law Journal 1 (Spring, 2022) Introduction. 1 I. The Historical Context. 2 II. BLM and Human Rights in the 21st Century. 4 2022  
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