| Author | Title | Citation | Summary | Year | Key Terms |
| Danielle M. Conway |
BLACK WOMEN'S SUFFRAGE, THE NINETEENTH AMENDMENT, AND THE DUALITY OF A MOVEMENT |
13 Alabama Civil Rights & Civil Liberties Law Review 1 (2021-2022) |
America is at an unprecedented time with self-determination for Black women. This phase of the movement is reverberating throughout this nation and around the world. There is no confusion for those who identify as Black women that this movement is perpetual, dating back to the enslavement of Black people in America by act and by law. One need only... |
2022 |
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| Lisa M. Fairfax |
BOARD COMMITTEE CHARTERS AND ESG ACCOUNTABILITY |
12 Harvard Business Law Review 371 (Summer, 2022) |
Introduction. 371 I. Committee Charters and Board Oversight. 374 A. The Survey Results. 375 B. Notable ESG Topics. 377 1. Environmental Consensus. 378 2. Political Oversight Without Disclosure. 380 3. Much Ado about Charity. 382 4. Diversity and Inclusion--Hold the Equity. 382 II. Accountability Benefits of Board ESG Oversight. 386 A. Charters +... |
2022 |
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| Tolulope Sogade |
BODY-WORN CAMERA FOOTAGE RETENTION AND RELEASE: DEVELOPING AN INTERMEDIATE FRAMEWORK FOR PUBLIC ACCESS IN A NEW AFFIRMATIVE DISCLOSURE-DRIVEN TRANSPARENCY MOVEMENT |
122 Columbia Law Review 1729 (October, 2022) |
The widespread use of body-worn cameras (BWCs) by law enforcement agencies calls into question how those departments store and publicly release the large amounts of video footage they amass under public access laws. This Note identifies a changing landscape of public access law, with a close look at the federal Freedom of Information Act (FOIA) and... |
2022 |
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| Mari Cheney , Mandy Lee , Anna Lawless-Collins |
BOLSTERING THE ASIAN AMERICAN LAW LIBRARY COLLECTION: A COLLECTION DEVELOPMENT GUIDE |
114 Law Library Journal 285 (2022) |
An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American--related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on... |
2022 |
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| Paul J. Hennigan, Ellen S. Cohn, Department of Psychology, University of New Hampshire |
BREAKING RULES FOR MORAL REASONS: DEVELOPMENT AND VALIDATION OF THE PROSOCIAL AND ANTISOCIAL RULE-BREAKING (PARB) SCALE |
46 Law and Human Behavior 290 (August, 2022) |
Objectives: To determine whether prosocial rule-breaking exists as a separate construct from antisocial rule-breaking and to develop a valid rule-breaking scale with prosocial and antisocial subscales. Hypotheses: We hypothesized that (a) rule-breaking would have prosocial and antisocial subfactors; (b) the prosocial rule-breaking subscale would... |
2022 |
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| Henry Voysey |
CAN POLITICAL ACTIVISM AND "AT-WILL" EMPLOYMENT COEXIST?: AN EXAMINATION OF POLITICAL RIGHTS IN THE PRIVATE SECTOR OF THE WORKFORCE |
90 UMKC Law Review 965 (Summer, 2022) |
Put yourself in the position of professional sportswriter Bart Hubboch. In the winter of 2017, Hubboch shared his belief that the election of Donald Trump would be catastrophic to America with millions of other people via social media. By all accounts, Hubboch was genuinely fearful; so much so that when Trump was elected, he lost sleep and later... |
2022 |
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| Lena Freij |
CENTERING ENVIRONMENTAL JUSTICE IN CALIFORNIA: ATTEMPTS AND OPPORTUNITIES IN CEQA |
28 Hastings Environmental Law Journal 75 (Winter, 2022) |
Environmental justice communities and advocates have used the California Environmental Quality Act (CEQA) as a necessary tool to incorporate their concerns into agency decision-making. However, environmental justice is neither mentioned in the statutory language of CEQA, nor was it intended as a fundamental purpose of CEQA as an environmental... |
2022 |
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| Gregory P. Magarian |
CENTERING NONCITIZENS' FREE SPEECH |
56 Georgia Law Review 1563 (2022) |
First Amendment law pays little attention to noncitizens' free speech interests. Perhaps noncitizens simply enjoy the same First Amendment rights as citizens. However, ambivalent and sometimes hostile Supreme Court precedents create serious cause for concern. This Essay advocates moving noncitizens' free speech from the far periphery to the center... |
2022 |
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| Alexandra Chen |
CHEMICAL WEAPONS AND THEIR UNFORESEEN IMPACT ON HEALTH AND THE ENVIRONMENT |
12 Seattle Journal of Technology, Environmental & Innovation Law 1 (January, 2022) |
Following the murder of George Floyd, the United States became embroiled in growing awareness about systemic racism in its criminal justice system. Citizens across the country took over streets to protest police brutality against people of color. They were met not with governmental understanding and condemnation of the policies that led to Mr.... |
2022 |
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| Saura Masconale , Simone M. Sepe |
CITIZEN CORP. - CORPORATE ACTIVISM AND DEMOCRACY |
100 Washington University Law Review 257 (2022) |
Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this development as the rise of responsible capitalism. Popularized accounts have attacked the woke corporation as ideological, elitist, and fraudulent. Both views examine the new corporate... |
2022 |
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| Sean A. Berman |
COLLECTIVE MEMORY, CRIMINAL LAW, AND THE TRIAL OF DEREK CHAUVIN |
72 Duke Law Journal 481 (November, 2022) |
This Note describes how criminal trials for prominent criminal acts contribute to the collective memory of the underlying offense. Hannah Arendt once argued that the purpose of criminal trials is to render justice, and nothing else. Unlike criminal trials, political trials strive to produce collective memory. This Note utilizes political trials... |
2022 |
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| Trey A. Duran |
COLLEGE CAMPUS POLICE ABOLITION |
31-SPG Kansas Journal of Law & Public Policy 327 (Spring, 2022) |
There is a surprising lack of discussion about college campus police abolition in legal scholarship. Only within the last decade has legal scholarship begun to seriously discuss the movement to abolish prisons and police. This Article argues that college campus police abolitionists should gradually shift resources to social services and community... |
2022 |
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| Stephanie Bornstein |
CONFRONTING THE RACIAL PAY GAP |
75 Vanderbilt Law Review 1401 (October, 2022) |
For several decades, a small body of legal scholarship has addressed the gender pay gap, which compares the median full-time earnings of women and men. More recently, legal scholars have begun to address the racial wealth gap, which measures racial disparities in family economic security and wealth accumulation. Yet a crucial component of both the... |
2022 |
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| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
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CONSTITUTIONAL LAW--FOURTH AMENDMENT--FOURTH CIRCUIT HOLDS WARRANTLESS ACCESS OF AERIAL SURVEILLANCE DATA UNCONSTITUTIONAL.--LEADERS OF A BEAUTIFUL STRUGGLE v. BALTIMORE POLICE DEPARTMENT, 2 F.4TH 330 (4TH CIR. 2021) |
135 Harvard Law Review 920 (January, 2022) |
The Fourth Amendment safeguards [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. In Carpenter v. United States, the Supreme Court held that the ability to build a comprehensive chronicle of a person's movements over an extended period of time using cell phone... |
2022 |
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| Evelyn Douek |
CONTENT MODERATION AS SYSTEMS THINKING |
136 Harvard Law Review 526 (December, 2022) |
C1-2CONTENTS Introduction. 528 I. The Standard Picture of Content Moderation. 535 II. The Standard Picture's Blind Spots. 539 A. Content Moderation Bureaucracies Are a They Not an It. 539 1. Non-Content-Based Content Moderation. 539 2. Cross-Platform and Government Cooperation. 542 3. Delegated Decisionmaking. 543 4. Design and Affordances. 545... |
2022 |
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| Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law |
CONTINUOUS ACTION TOWARD JUSTICE |
37 Journal of Law and Religion 63 (January, 2022) |
(Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... |
2022 |
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| 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 |
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| 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 |
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| 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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