AuthorTitleCitationSummaryYearKey Terms
Anita L. Allen DISMANTLING THE "BLACK OPTICON": PRIVACY, RACE EQUITY, AND ONLINE DATA-PROTECTION REFORM 131 Yale Law Journal Forum 907 (2/20/2022) abstract. African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the Black Opticon: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy's unequal distribution and... 2022  
Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022  
Matthew L. Schafer DOES HOUCHINS v. KQED, INC. MATTER? 70 Buffalo Law Review 1331 (August, 2022) C1-2Contents Contents. 1331 Introduction. 1333 I. The Court's Access Jurisprudence. 1336 A. The Early Cases. 1337 1. Houchins v. KQED, Inc.. 1337 2. Gannett Co., Inc. v. DePasquale. 1367 3. Richmond Newspapers, Inc. v. Virginia. 1381 4. Globe Newspaper Co. v. Superior Court. 1397 B. The Later Cases. 1408 1. Press-Enterprise I (1984). 1409 2.... 2022  
Stefan J. Padfield DOES STAKEHOLDER CAPITALISM HAVE A (VIEWPOINT) DIVERSITY PROBLEM? 13 University of Puerto Rico Business Law Journal 1 (2022) Introduction 1 I. The Free Enterprise Project's 2021 Investor Value Voter Guide 2 A. FEP's Investor Guide: Letter from the Director 3 B. FEP's Investor Guide: Who We Are, What We Do & What's New for 2021 4 C. FEP's Investor Guide: 2021 Shareholder Proposals 5 D. FEP & Allied Proposals: Viewpoint Diversity 5 E. FEP & Allied Proposals: Stakeholder... 2022  
Rachel Moran DOING AWAY WITH DISORDERLY CONDUCT 63 Boston College Law Review 65 (January, 2022) Introduction. 66 I. Overview of Disorderly Conduct Laws. 70 A. Survey of Modern Disorderly Conduct Laws. 71 B. History and Evolution of Disorderly Conduct Laws. 75 II. Constitutional Problems with Disorderly Conduct Laws. 81 A. Facial Unconstitutionality. 81 B. Limiting Constructions to Avoid Facial Unconstitutionality. 85 C. Enabling... 2022  
Kaitlin Hocker DROPPING THE MIC ON INDIE ARTISTS: HOW TRADEMARK LAW FAILS TO PROTECT INDEPENDENT ARTISTS AGAINST MUSIC INDUSTRY GIANTS 30 Journal of Intellectual Property Law 189 (Fall, 2022) C1-2Table of Contents I. Introduction. 191 II. Background. 192 A. The Lady Antebellum Cases. 192 B. The Lanham Act vs. Common Law for Trademark Infringement Claims. 195 1. The Lanham Act. 195 2. Common Law. 197 C. Search Engine and Streaming Complications in Trademark Law. 198 III. ANALYSIS. 199 A. The Rebelution Case in Comparison with the Lady... 2022  
Chris Brummer , Leo E. Strine, Jr. DUTY AND DIVERSITY 75 Vanderbilt Law Review 1 (January, 2022) In the wake of the brutal deaths of George Floyd and Breonna Taylor, lawmakers and corporate boards from Wall Street to the West Coast have introduced a slew of reforms aimed at increasing Diversity, Equity, and Inclusion (DEI) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical... 2022  
E. Tendayi Achiume EMPIRE, BORDERS, AND REFUGEE RESPONSIBILITY SHARING 110 California Law Review 1011 (June, 2022) Introduction. 1011 I. Imperial Domination. 1018 II. Imperial Intervention. 1029 III. A New Praxis?. 1033 Conclusion. 1038 2022  
Lisa M. Fairfax EMPOWERING DIVERSITY AMBITION: BRUMMER AND STRINE'S DUTY AND DIVERSITY MAKES THE LEGAL AND BUSINESS CASE FOR DOING MORE, DOING GOOD, AND DOING WELL 75 Vanderbilt Law Review En Banc 131 (2022) I. Corporate Diversity Leadership and Racial Inequity: A Tie that Binds. 134 II. Another Look at the Business Rationale. 140 III. Corporate Law as Diversity Mandate and Diversity Safe Harbor: Refuting the Myths of Diversity Detractors. 146 Conclusion. 154 2022  
Andrew Gilden ENDORSING AFTER DEATH 63 William and Mary Law Review 1531 (April, 2022) An endorsement is an act of giving one's public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair... 2022  
Scott Devito, Kelsey Hample, Erin Lain EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION 55 University of Michigan Journal of Law Reform 597 (Spring, 2022) The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... 2022  
Molly Crain FINES, FEES, & FELON DISENFRANCHISEMENT: AN UNJUST PUNISHMENT BARRING A FUNDAMENTAL RIGHT 110 Kentucky Law Journal 381 (2021-2022) Table of Contents. 381 Introduction. 382 I. Three Background Discussions. 384 A. The Origins of Felon Disenfranchisement and the Fundamental Right to Vote. 384 B. A State's Right to Disenfranchise: Modern Precedent and Historically Racist Ties. 386 i. Richardson v. Ramirez. 386 ii. Proposition 17. 387 iii. Historically Racist Ties. 388 C.... 2022  
Cynthia Lee FIREARMS AND INITIAL AGGRESSORS 101 North Carolina Law Review 1 (December, 2022) Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... 2022  
Erica Goldberg FIRST AMENDMENT CONTRADICTIONS AND PATHOLOGIES IN DISCOURSE 64 Arizona Law Review 307 (Summer, 2022) A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections are justified by the idea that rational, informed deliberation leads to peaceful decision-making, yet our marketplace of ideas is crowded with lies, reductive narratives,... 2022  
Isabelle R. Gunning FOREWORD 50 Southwestern Law Review 397 (2022) Southwestern Law Review's Spring Symposium Widening the Lens of Justice: Unmasking the Layers of Racial and Social Inequality, produced in collaboration with the Southwestern Black Law Students Association seeks to respond to the mass movement for change that resulted from the murders of George Floyd, Breonna Taylor and numerous other African... 2022  
John Hasnas FREE SPEECH ON CAMPUS: COUNTERING THE CLIMATE OF FEAR 20 Georgetown Journal of Law & Public Policy 975 (Special Issue 2022) Similar to the entertainment industry in the time of the blacklist, a climate of fear has descended on the nation's universities and colleges. It is the fear of being punished, not for what one does, but for what one says. Today, students and faculty frequently refrain from expressing unpopular or offensive positions--often conservative,... 2022  
Danielle Palmieri FROM INTERROGATION TO TRUTH: THE JUVENILE CUSTODIAL INTERROGATION, FALSE CONFESSIONS, AND HOW WE THINK ABOUT KIDS IN TROUBLE 54 Connecticut Law Review Online 1 (May, 2022) False confessions are a prominent contributor to wrongful convictions. Yet law enforcement interrogation tactics, such as lying, deceit, and pressure, lead to false confessions and are practiced widely on adults and juveniles alike. This Article presents the unique psychological, cognitive, and social characteristics of juveniles which make them... 2022  
Katharine Waters FROM SCHOOLHOUSE GATE TO LOCKER ROOM DOOR: THE STUDENT ATHLETE'S CONSTITUTIONAL RIGHT TO PROTEST AT A PUBLIC UNIVERSITY DOES NOT STOP AT THE HARDWOOD 73 Hastings Law Journal 1593 (July, 2022) The Supreme Court has not faced a case involving the public university student athlete's right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests stemming from the arena of sports is nothing new, and athletes are supported by a long and rich history of influential professional... 2022  
David McNamee FUNDAMENTAL LAW, FUNDAMENTAL RIGHTS, AND CONSTITUTIONAL TIME 55 Indiana Law Review 319 (2022) This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation--as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary... 2022  
Brian L. Owsley GEORGE FLOYD, GENERAL WARRANTS, AND CELL-SITE SIMULATORS 59 American Criminal Law Review 149 (Winter, 2022) The Fourth Amendment was enacted to prevent the government from utilizing general warrants. Instead, the government must obtain a warrant that is based on the specificity or particularity of the person, place, or thing to be searched. This approach evolved from a property-centric approach to safeguarding Fourth Amendment rights to one that is based... 2022  
David D. Coyle GETTING IT RIGHT: WHETHER TO OVERTURN QUALIFIED IMMUNITY 17 Duke Journal of Constitutional Law & Public Policy 283 (Spring, 2022) Qualified immunity, the defense available to police officers and other government officials facing civil rights lawsuits, has increasingly come under attack. In recent opinions, Justice Clarence Thomas has noted his growing concern that the Court's current qualified immunity jurisprudence, which deals with whether a right is clearly established,... 2022  
Veryl Pow GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION 69 UCLA Law Review 80 (March, 2022) In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... 2022  
Melissa Charbonneau GUN VIOLENCE: THE AMERICAN HATE CRIME EPIDEMIC 28 Public Interest Law Reporter 19 (Fall, 2022) In the United States, 321 people are shot every day. Whether it occurs directly to you or to a family member or friend, or whether one simply witnesses the recurring events on the news, it is one of the few constants in all our lives. In the United States alone, there have been 38,421 gun violence deaths as of November 12, 2022. With a number that... 2022  
Jonathan Turley HARM AND HEGEMONY: THE DECLINE OF FREE SPEECH IN THE UNITED STATES 45 Harvard Journal of Law & Public Policy 571 (Spring, 2022) Throughout its history, the United States has struggled with movements that aim to silence others through state or private action. These periods have been pendulous, with acute suppression followed by relative tolerance for free speech. This boom-or-bust pattern for free speech may well continue. However, the United States is arguably living... 2022  
Shirin Sinnar HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE 110 California Law Review 489 (April, 2022) Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... 2022  
Janelle Lamb HE SAID. SHE SAID. THE IPHONE SAID. THE USE OF SECRET RECORDINGS IN DOMESTIC VIOLENCE LITIGATION 110 California Law Review 1095 (June, 2022) Trigger Warning: This Note describes graphic scenes of domestic violence. It also discusses child abuse, elder abuse, and sexual assault. This Note explores the use of secret recordings in domestic violence litigation. It is particularly concerned with how the criminalization of domestic violence influences the laws governing the creation and use... 2022  
Almeta E. Cooper , Michael W. Peregrine HEALTH EQUITY AND CORPORATE GOVERNANCE IN HEALTH CARE ORGANIZATIONS: CHALLENGES, RISKS, RESOURCES, AND STRATEGIC RESPONSES 16 Journal of Health & Life Sciences Law 74 (2022) ABSTRACT: Oversight of health equity in the delivery of quality medical care is the primary responsibility of health care organizations' governing bodies. Failure to make it a priority could result in a breach of the duty of care and oversight by the health care organization. The number and breadth of challenging crises affecting the health care... 2022  
Marie Carp HEALTH IN ALL POLICIES: AN APPROACH TO COMBATTING RACISM'S IMPACT ON PUBLIC HEALTH 67 Wayne Law Review 457 (Winter, 2022) I. Introduction. 457 II. Background. 460 A. Racism as a Public Health Crisis. 460 B. Governor Whitmer's Executive Directive. 462 1. Data Collection and Analysis. 463 2. Policy and Planning. 463 3. Engagement, Communication, and Advocacy. 464 4. Implicit Bias Training. 464 C. Proposed Policies and Legislation in Michigan. 465 D. Other State and... 2022  
Brendan Williams HOSTILE SHORES: RACIAL EXCLUSION LAWS AND THE WEST COAST 28 Cardozo Journal of Equal Rights & Social Justice 559 (Spring, 2022) I. California and Chinese Exclusion. 562 II. Oregon and Black Exclusionary Laws. 568 III. Washington and Anti-Japanese Laws. 570 IV. The West Coast Origins of Japanese Internment. 572 V. Race and the West Coast Today. 574 2022  
Norrinda Brown Hayat HOUSING THE DECARCERATED: COVID-19, ABOLITION & THE RIGHT TO HOUSING 110 California Law Review 639 (June, 2022) The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the culture of exclusion that has long pervaded... 2022  
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