| Author | Title | Citation | Summary | Year | Relevancy |
| Katherine K. Carey |
PREVENTING TAM'S "PROUDEST BOAST" FROM PROTECTING THE PROUD BOYS: A RESPONSE TO FREE SPEECH ABSOLUTISM IN TRADEMARK LAW |
71 Emory Law Journal 609 (2022) |
Recent events, including the infamous Unite the Right rally in Charlottesville in 2017 and the attack on the U.S. Capitol on January 6, 2021, have brought the First Amendment, hate speech, and the resurgence of white nationalist rhetoric into the public eye. Throughout the twentieth and twenty-first centuries, while much of the Western World and... |
2022 |
|
| Meera E. Deo, JD, PhD |
PROGRESS AND BACKLASH IN OUR UNEQUAL PROFESSION |
51 Southwestern Law Review 310 (2022) |
L1-2Table of Contents I. Progress. 312 A. Increased Scholarship on DEI in Legal Academia. 312 B. Academic Conferences Resisting Faculty Inequities.. 315 C. Institutional Efforts Toward Antiracism. 319 1. New Hiring Processes.. 320 2. Transparency for Tenure and Promotion. 321 3. Formal Mentorship. 322 4. Effective Student Evaluations.. 323 II.... |
2022 |
|
| Itay Ravid , Amit Haim |
PROGRESSIVE ALGORITHMS |
12 UC Irvine Law Review 527 (February, 2022) |
Our criminal justice system is broken. Problems of mass incarceration, racial disparities, and susceptibility to error are prevalent in all phases of the criminal process. Recently, two dominant trends that aspire to tackle these fundamental problems have emerged in the criminal justice system: progressive prosecution--a model of prosecution... |
2022 |
|
| Marissa Jackson Sow |
PROTECT AND SERVE |
110 California Law Review 743 (June, 2022) |
There exists a substantial body of literature on racism and brutality in policing, police reform and abolition, the militarization of the police, and the relationship of the police to the State and its citizenry. Many theories abound with respect to the relationship between the police and Black people in the United States, and most of these... |
2022 |
|
| Peter Jacobs |
PROTESTS, THE PRESS, AND FIRST AMENDMENT RIGHTS BEFORE AND AFTER THE "FLOYD CASELAW" |
24 University of Pennsylvania Journal of Constitutional Law 591 (April, 2022) |
CNN reporter Omar Jimenez was standing in the middle of an empty street, holding a microphone, wearing a press pass, and speaking directly into a professional-grade video camera when he was arrested by Minneapolis police officers. In footage of his arrest, presumably seen live by millions of households tuned in to CNN to watch coverage of the... |
2022 |
|
| Chalana M. Scales-Ferguson, Esq. |
PUT SOME 'RESPEK' ON HER NAME: HOW RBG'S LEGACY CREATES SPACE FOR BLACK WOMEN IN THE PURSUIT OF EQUAL JUSTICE |
43 Women's Rights Law Reporter 34 (Spring/Summer, 2022) |
With 2020 in our rearview mirrors, it is impossible to reflect on that year without remembering the many ways grief was experienced in American society, whether or not you felt the grief yourself. Just as we entered the second quarter of a year of presumed optimism, when many professed they would find clarity through 20/20 vision and find... |
2022 |
|
| Daniel Rafferty |
QUALIFIED IMMUNITY: SCULPTING A STATUTE-ESQUE SOLUTION TO A JUDICIALLY CREATED POLICY |
47 University of Dayton Law Review 105 (Winter, 2022) |
I. INTRODUCTION. 106 II. Background. 108 A. Origin of § 1983. 108 B. The Crossroads: Harlow v. Fitzgerald. 112 C. Qualified Immunity in the Wake of Harlow v. Fitzgerald. 113 III. Analysis. 116 A. 42 U.S.C. § 1983 Textual History from Enactment to Present. 116 B. 42 U.S.C. § 1983 Forecasted Evolution and Proposed Statutory Changes. 118 i. Ending... |
2022 |
|
| Natè Simmons |
RACIAL CAPITALISM: COMPLEXITIES WITH ENFORCING CORPORATE COMMITMENTS TO END RACIAL INJUSTICE |
55 UIC Law Review 519 (Fall, 2022) |
I. Introduction. 519 II. Background. 521 A. Corporate Pronouncements Committing to Diversity, Equity and Inclusion. 521 B. Colin Kaepernick's Protest for Racial Equality. 525 C. Corporate Gift Regulation. 528 D. Legislation on Diversifying Corporate Boards of Directors. 529 E. Tax Credits. 530 F. Racial Capitalism. 531 III. Analysis. 532 A.... |
2022 |
|
| Allyson Crane |
RACIAL DISPARITIES IN MENTAL HEALTH TREATMENT: HOW INDIANA MISSES THE MARK IN PROVIDING ACCESSIBLE AND QUALITY TREATMENT AMIDST THE CORONAVIRUS PANDEMIC |
19 Indiana Health Law Review 427 (2022) |
Doctors, organizations, and citizens have expressed the importance of mental health, equating its significance to physical health. Despite the numerous conversations about mental health, treatment continues to fall short. This is especially the case for people of color. People of color are at a significant disadvantage in terms of access to quality... |
2022 |
|
| Yuvraj Joshi |
RACIAL JUSTICE AND PEACE |
110 Georgetown Law Journal 1325 (June, 2022) |
The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... |
2022 |
|
| Matthew J. Parlow |
RACIAL PROTEST AND RACIAL PROGRESS IN PROFESSIONAL SPORTS |
31 Southern California Review of Law & Social Justice 239 (Spring, 2022) |
The summer of 2020 marked significant changes in society, as seen through worldwide protests and an accompanying movement to address social injustice and systemic racism in America. That movement was amplified by and within professional sports as players, teams, and leagues sought to contribute to the goals of anti-racism by working to build a more... |
2022 |
|
| Lisa M. Fairfax |
RACIAL RHETORIC OR REALITY? CAUTIOUS OPTIMISM ON THE LINK BETWEEN CORPORATE #BLM SPEECH AND BEHAVIOR |
2022 Columbia Business Law Review 118 (2022) |
The summer of 2022 marks the two-year anniversary of the dramatic rekindling of the #BlackLivesMatter movement because of the murders of George Floyd, Breonna Taylor and other unarmed Black people at the hands of police. The summer of 2020 saw cities in the United States and around the world erupt in protest, with calls to dismantle racist policies... |
2022 |
|
| Lili Levi |
RACIALIZED, JUDAIZED, FEMINIZED: IDENTITY-BASED ATTACKS ON THE PRESS |
20 First Amendment Law Review 147 (2022) |
The press is under a growing and dangerous form of attack through identity-based online harassment of journalists. Armies of online abusers are strategically using a variety of rhetorical tools (including references to lynching, the Holocaust, rape and dismemberment) to intimidate and silence non-white, non-male and non-Christian journalists. Such... |
2022 |
|
| Maneka Sinha |
RADICALLY REIMAGINING FORENSIC EVIDENCE |
73 Alabama Law Review 879 (2022) |
Introduction. 880 I. Abolition and Forensics in Context. 888 A. The Abolition Framework. 889 B. The Forensic System Today. 892 1. The Carceral Origins of Forensic Methods. 894 2. Carceral Culture in Forensics. 898 II. Forensic Science Reform Efforts. 904 A. Policy Reforms. 904 B. Legal Reforms. 908 1. The Change in Standards Governing Admissibility... |
2022 |
|
| Nizan Geslevich Packin , Srinivas Nippani |
RANKING SEASON: COMBATING COMMERCIAL BANKS' SYSTEMIC DISCRIMINATION OF CONSUMERS |
59 American Business Law Journal 123 (Spring, 2022) |
The recent disbursement of COVID-19 pandemic-related federal relief funds to businesses and individuals under the CARES Act exposed significant problems in the U.S. system of money and payments. U.S. banks' wealth maximization objectives clashed with the federal government's goals of diversity, equity, and inclusion (DEI). The discriminatory,... |
2022 |
|
| Paul G. Rando |
RECONSTITUTING THE UNITED STATES: COULD AN ARTICLE V CONVENTION PREVENT THE NEXT JANUARY 6? |
91 University of Cincinnati Law Review 562 (2022) |
[T]here is no place for violence in a democratic society dedicated to liberty under law .. What will finally unite Americans? A great crisis that leaves us no choice but to come together. During the year leading up to the 2020 presidential election, the United States was nearing a so-called plastic hour, a time when institutional inertia... |
2022 |
|
| Marbre Stahly-Butts , Amna A. Akbar |
REFORMS FOR RADICALS? AN ABOLITIONIST FRAMEWORK |
68 UCLA Law Review 1544 (February, 2022) |
This Article draws on prison abolitionist organizing, campaigns, and intellectual work around the country to offer a framework for thinking about radical reforms rooted in an abolitionist framework. A radical reform (1) shrinks the system doing harm; (2) relies on modes of political, economic, and social organization that contradict prevailing... |
2022 |
|
| Lloyd Hitoshi Mayer |
REGULATING CHARITABLE CROWDFUNDING |
97 Indiana Law Journal 1375 (Spring, 2022) |
Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for hundreds of years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now... |
2022 |
|
| David A. Hyman, Charles Silver |
REGULATING HEALTH CARE: PERSPECTIVES FROM GOVERNMENT FAILURE DURING THE COVID-19 PANDEMIC |
71 DePaul Law Review 361 (Spring, 2022) |
Health care is beset with an array of market failures (e.g., informational asymmetries, externalities, monopolization, and public goods). In theory, government can intervene to fix these market failures, allowing scarce resources to be devoted to their highest use at the lowest possible cost with the fewest possible distortions - thereby promoting... |
2022 |
|
| René Reyes |
RELIGIOUS LIBERTY, RACIAL JUSTICE, AND DISCRIMINATORY IMPACTS: WHY THE EQUAL PROTECTION CLAUSE SHOULD BE APPLIED AT LEAST AS STRICTLY AS THE FREE EXERCISE CLAUSE |
55 Indiana Law Review 275 (2022) |
This Article offers a critical comparative analysis of the Supreme Court's jurisprudence under the Free Exercise Clause and the Equal Protection Clause. In a number of recent cases, the Court has shown increasing solicitude for the rights of religious objectors and has upheld claims for exemptions from various laws--even in the absence of an intent... |
2022 |
|
| Chris Gottlieb |
REMEMBERING WHO FOSTER CARE IS FOR: PUBLIC ACCOMMODATION AND OTHER MISCONCEPTIONS AND MISSED OPPORTUNITIES IN FULTON v. CITY OF PHILADELPHIA |
44 Cardozo Law Review 1 (October, 2022) |
The Supreme Court's opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case's role in the broader culture war between religious rights... |
2022 |
|
| Peter H. Huang |
RESISTANCE IS NOT FUTILE: CHALLENGING AAPI HATE |
28 William and Mary Journal of Race, Gender, and Social Justice 261 (Winter, 2022) |
This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate--defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect,... |
2022 |
|
| Amanda Levendowski |
RESISTING FACE SURVEILLANCE WITH COPYRIGHT LAW |
100 North Carolina Law Review 1015 (May, 2022) |
Face surveillance is animated by deep-rooted demographic and deployment biases that endanger marginalized communities and threaten the privacy of all. But current approaches have not prevented its adoption by law enforcement. Some companies have offered voluntary moratoria on selling the technology, leaving many others to fill in the gaps.... |
2022 |
|
| Matthew Spencer |
RESTRUCTURING ALTERNATIVE DISPUTE RESOLUTION OPTIONS TO IMPROVE POLICE ACCOUNTABILITY |
13 Alabama Civil Rights & Civil Liberties Law Review 145 (2021-2022) |
I. Introduction. 145 II. Existing Structures of Accountability in Policing. 149 A. Civil Rights Lawsuits under 42 U.S.C. § 1983. 149 B. Consent Decrees from the U.S. Department of Justice. 152 C. Police Arbitration. 159 III. Additional Concerns Surrounding Police Self-Regulation. 165 IV. Creative Alternative Solutions to Police Accountability. 169... |
2022 |
|
| Nick Robinson |
RETHINKING THE CRIME OF RIOTING |
107 Minnesota Law Review 77 (November, 2022) |
Introduction. 78 I. The Problem of Rioting. 85 A. The United States and Its Many Types of Riots. 85 B. The Challenge of the Riot. 89 C. The Weaponization of the Accusation of Rioting. 91 ii. The Development of the Crime of Rioting. 93 A. English Roots. 93 B. United States Evolution. 96 III. A Critique of Anti-Riot Legal Measures. 106 A.... |
2022 |
|
| Adenike Tijani, Adelarin Yemi-Sofumade |
REVENUE AND TAXATION |
39 Georgia State University Law Review 263 (Fall, 2022) |
Income Taxes: Amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, Relating to Income Taxes, so as to Enact the Law Enforcement Strategic Support Act (LESS Crime Act); Provide for Tax Credits for Certain Contributions Made by Taxpayers to Certain Local Law Enforcement Foundations; Provide for an Aggregate Annual Limit; Provide for... |
2022 |
|
| Ayesha Bell Hardaway |
RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT |
55 Connecticut Law Review 179 (December, 2022) |
Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... |
2022 |
|
| Katherine Macfarlane |
SECTION 1983 DEALMAKING |
97 Tulane Law Review 1 (November, 2022) |
Breonna Taylor was killed in her home during the botched execution of a no-knock warrant. However, any civil rights claims arising from her death would likely fail in court because of qualified immunity, which often shields officers from civil damages, and City of Los Angeles v. Lyons, which blocks reform that might be achieved through injunctive... |
2022 |
|
| Chun Hin Jeffrey Tsoi |
SEIZING § 1983 AFTER YOUR PROTEST TODAY: FOURTH AMENDMENT AND PROTEST POLICING POST-TORRES |
59 American Criminal Law Review Online 98 (Spring, 2022) |
On June 1, 2020, a group of demonstrators gathered in Lafayette Square in Washington D.C., right outside of the White House, to protest the brutal killings of George Floyd, Breonna Taylor, and numerous others throughout the United States. At approximately 6:30 pm, law enforcement officials started firing tear gas and other projectiles into the... |
2022 |
|
| Beth Caldwell |
SHIFTING THE PARADIGM: AN ABOLITIONIST ANALYSIS OF THE RECENT JUVENILE JUSTICE "REVOLUTION" |
23 Nevada Law Journal 115 (Fall, 2022) |
C1-2Table of Contents Introduction. 116 I. The Theoretical Roots of US Juvenile Justice Policy. 122 A. The Protectionist Approach. 124 1. Houses of Refuge and the Child-Saving Movement. 125 2. The Juvenile Court & Parens Patriae. 128 3. Emergence of Due Process Rights. 131 4. Current Manifestations of the Protectionist Approach. 132 a. Status... |
2022 |
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