AuthorTitleCitationSummaryYearKey Terms
Tabatha Abu El-Haj HOW THE LIBERAL FIRST AMENDMENT UNDER-PROTECTS DEMOCRACY 107 Minnesota Law Review 529 (December, 2022) Introduction. 530 I. The First Amendment as Underwriter. 539 II. The Court's Theoretical Missteps. 545 A. Public Assembly. 547 B. Elections and a Meaningful Right to Vote. 552 III. Under-Protection of Political Conduct. 557 A. Limited Protection for Disruptive Protesters and Assemblies. 558 B. Under-Protecting Voting and the Integrity of the... 2022  
Mitchell F. Crusto HOW TO GET AWAY WITH MURDER: WHEN A WHITE MALE POLICE OFFICER KILLS A YOUNG BLACK PERSON 79 Washington and Lee Law Review Online 1 (1/18/2022) Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified... 2022  
Princess Diaz-Birca IN THE NAME OF "TERRORISM": SILENCING DISSENT IN SAUDI ARABIA 14 Northeastern University Law Review 631 (June, 2022) Introduction I. History A. Domestic Terrorism B. KSA Specialized Criminal Court II. Eradicating Terrorism: A System of Lawful Oppression A. Defining Terrorism: An International Proposal B. Defining Terrorism: The KSA Counter-Terror Laws C. Institutional Violence: Systemic Violations of Human Rights D. Institutional Violence: Torture and Coerced... 2022  
Chaumtoli Huq INTEGRATING A RACIAL CAPITALISM FRAMEWORK INTO FIRST-YEAR CONTRACTS: A PATHWAY TO ANTI-CAPITALIST LAWYERING 35 Journal of Civil Rights & Economic Development 181 (Spring, 2022) I came to theory because I was hurting--the pain within me was so intense that I could not go on living. I came to theory desperate, wanting to comprehend--to grasp what was happening around and within me. Most importantly, I wanted to make the hurt go away. I saw in theory then a location for healing. [T]he practice of theory is informed by... 2022  
Suzette M. Malveaux IS IT TIME FOR A NEW CIVIL RIGHTS ACT? PURSUING PROCEDURAL JUSTICE IN THE FEDERAL CIVIL COURT SYSTEM 63 Boston College Law Review 2403 (November, 2022) Introduction. 2405 I. Procedural Law Has Reached a Tipping Point. 2409 A. Pleadings. 2410 B. Class Actions. 2415 C. Arbitration. 2425 II. Institutional Competencies: Why Congress Should Make the Course Correction. 2436 A. Supreme Court Versus Rule-Makers. 2437 B. Rule-Makers Versus Congress. 2442 C. Congress as Solution. 2445 III. It Is Time for a... 2022  
Cole Craghan IT SHOULD NOT MATTER WHAT TYPE OF OFFICER WRONGLY ARRESTS YOU: USING CIVIL RIGHTS ACTIONS TO PROTECT PEACEFUL PROTESTORS 48 Journal of Legislation 370 (2022) On June 1, 2020, an operation headed by the United States Park Police (USPP) and the U.S. Secret Service cleared protestors from Lafayette Square outside the White House. At the same time, then-President Trump spoke nearby in the Rose Garden; he recommended that governors across the country dominate the streets and declared that he would deploy... 2022  
Andra Gillespie, Associate Professor, Department of Political Science, Emory University JOHN LEWIS AND THE DURABILITY OF TRANSCENDENT RACE POLITICS 37 Journal of Law and Religion 55 (January, 2022) John Lewis's civil rights activism in the 1960s often obscures the fact that he won elective office as a racially moderate politician. Scholars have long noted the efficacy of using deracialized, or racially transcendent, campaign strategies to get elected, despite normative concerns. These strategies were critical to electing Black governors,... 2022  
Cashmere Cozart JOHNSON v. CITY OF FERGUSON: UNREASONABLE SEIZURES OF BYSTANDERS OF POLICE BRUTALITY 55 UIC Law Review 587 (Fall, 2022) I. Introduction. 587 II. Background. 588 A. The Altercation that Led to Michael Brown's Murder. 589 B. The Indictment. 590 C. The Department of Justice Findings on Policing in Ferguson. 591 D. Procedural History of Dorian Wilson's Suit. 594 E. The Eighth Circuit Affirmed the District Court. 596 III. Court's Analysis. 599 A. The En Banc Panel Held... 2022  
Ben Waldron, Richard Bales K-12 NONTRADITIONAL BARGAINING IN A TIME OF COVID-19: BUILDING SOLIDARITY BETWEEN MOVEMENTS THROUGH SHARED GRIEVANCES 20 Seattle Journal for Social Justice 501 (Winter, 2022) By focusing on shared community grievances related to the conditions created by the coronavirus disease (COVID-19) pandemic, teachers today can replicate their successes in the 2018-2019 teachers' strikes using similar labor tactics. The 2018-2019 strikes started with teachers demanding better funding for public education, but then expanded as... 2022  
Justin Hansford KEYNOTE ADDRESS 45 Seattle University Law Review 787 (Spring, 2022) Dontay Proctor-Mills: Good afternoon, everyone. Welcome back as we move into the latter part in the end of today's symposium, it is my pleasure to introduce our keynote speaker Professor Justin Hansford, Howard University School of Law Professor and Executive Director of the Thurgood Marshall Civil Rights Center. Professor Hansford was previously a... 2022  
Ann C. McGinley LABORATORIES OF DEMOCRACY: STATE LAW AS A PARTIAL SOLUTION TO WORKPLACE HARASSMENT 30 American University Journal of Gender, Social Policy and the Law 245 (2022) I. Introduction: Structural, Legal, and Political Failures. 246 II. Analysis of the Current Situation in Federal Anti-Harassment Law. 255 A. Procedural Injustice. 255 i. Summary Judgments and Dismissals. 256 ii. Burdens of Persuasion: Differential Treatment. 258 iii. Removal to Federal Court. 261 B. Substantive Injustice in Sex- and Race-Based... 2022  
Frank W. Munger, Carroll Seron LAW AND THE PERSISTENCE OF RACIAL INEQUALITY IN AMERICA 66 New York Law School Law Review 175 (2021/2022) EDITOR'S NOTE: This article was adapted from Frank W. Munger & Carroll Seron, Race, Law, and Inequality, Fifty Years After the Civil Rights Era, 13 Ann. Rev. L. & Soc. Sci. 331 (2017). In 2020, America was once again required to confront its legacy of racial inequality. Widely viewed videos of police violence against Black Americans, a resurgent... 2022  
Barry Friedman LAWLESS SURVEILLANCE 97 New York University Law Review 1143 (October, 2022) Policing agencies in the United States are engaging in mass collection of personal data, building a vast architecture of surveillance. License plate readers collect our location information. Mobile forensics data terminals suck in the contents of cell phones during traffic stops. CCTV maps our movements. Cheap storage means most of this is kept for... 2022  
Laila L. Hlass LAWYERING FROM A DEPORTATION ABOLITION ETHIC 110 California Law Review 1597 (October, 2022) This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... 2022  
Donald J. Polden LEADING LAW FIRMS IN THE "NEW NORMAL": RECOVERING FROM CRISES THROUGH LEADERSHIP DEVELOPMENT 63 Santa Clara Law Review 223 (2022) Beginning in 2008, the first of three major crises hit the nation and had global implications and effects, including significant ones for the legal profession. Those crises were the financial crisis of 2008, followed by the social justice movements reflecting outrage at several highly-publicized police killings of Black men and women, and, most... 2022  
To Nhu Huynh LEGAL EPIDEMIOLOGY FOR RACIAL HEALTH EQUITY 21 Houston Journal of Health Law & Policy 411 (2022) Introduction. 413 I. The Need to Integrate Racial Health Equity Considerations into Policy-Making. 417 II. Legal Epidemiology: the Microscope to Study Laws. 420 III. Legal Epidemiology in Action. 426 A. Case Study 1: Tracking Legal Responses to COVID-19 in 51 Jurisdictions. 427 1. Efforts to Track Legal Responses to COVID-19. 427 2. Preliminary... 2022  
Daniel S. Harawa LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE 110 California Law Review 681 (June, 2022) The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... 2022  
Kelsey Goldman LETTING THE CAT OUT OF THE BAG: HOW LACK OF ACCESS TO ANIMAL COMPANIONSHIP AND HUSBANDRY FOSTERS INEQUALITY FOR BLACK AMERICANS 12 UC Irvine Law Review 693 (February, 2022) Throughout American history, animals have been used by those in power to harm and terrorize Black Americans. While state-sanctioned use of slave-patrol and police dogs have been a commonly discussed issue, there has been little to no analysis on the harms Black Americans have faced from the systemic deprivation of animal companionship and... 2022  
Ingrid V. Eagly, Joanna C. Schwartz LEXIPOL'S FIGHT AGAINST POLICE REFORM 97 Indiana Law Journal 1 (Winter, 2022) We are in the midst of a critically important moment in police reform. National and local attention is fixed on how to reduce the number of people killed and injured by the police. One approach--which has been recognized for decades to reduce police killings--is to limit police power to use force. This Article is the first to uncover how an... 2022  
Michael M. Oswalt LIMINAL LABOR LAW 110 California Law Review 1855 (December, 2022) How do people, organizations, and even movements bounce back from losses and setbacks? For organized labor, the disappointments are routinely legal: an overturned precedent, a loss of coverage, or even the accelerated degradation of the National Labor Relations Act (Act) regime itself. In aggregate, these and other law-based defeats pose a serious,... 2022  
Erin Adele Scharff LOCAL BUDGETS, LOCAL DECISIONS: THE HOME RULE FOR THE 21ST CENTURY PROJECT'S STATE SUPPORT FOR LOCAL DEMOCRACY PROVISIONS 100 North Carolina Law Review 1505 (June, 2022) As scholars of local government have long noted, without adequate local revenue, home rule provides hollow legal authority. Recognizing the importance of local revenue, the National League of Cities' Principles of Home Rule for the 21st Century (Principles) explicitly includes taxation as a power granted by home rule and articulates a... 2022  
Thea Johnson LYING AT PLEA BARGAINING 38 Georgia State University Law Review 673 (Spring, 2022) This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply... 2022  
Livia Luan MAKING VICTIMS WHOLE AGAIN: USING RESTORATIVE JUSTICE TO HEAL HATE CRIME VICTIMS, REFORM OFFENDERS, AND STRENGTHEN COMMUNITIES 37 Temple International and Comparative Law Journal 161 (Fall, 2022) The traditional framework for addressing hate crime in the United States centers on punishing offenders. These punitive measures tend to expose offenders, as well as victims and their communities, to more policing and to funnel offenders into the system of mass incarceration--all while failing to address the root causes of hate crime. Although the... 2022  
Adam A. Davidson MANAGING THE POLICE EMERGENCY 100 North Carolina Law Review 1209 (May, 2022) There is a policing emergency in the United States. Police across the country cause massive, widespread, and unpredictable physical harm--killings, beatings; psychological harm--negative stress-related birth and educational outcomes, general worsened mental health; and sociological harm--advancing the racial, gender, and economic hierarchies that... 2022  
Ronald J. Coleman MEASURING POLICE BODY CAMERA INFRASTRUCTURE 62 Santa Clara Law Review 273 (2022) Police body cameras have been in ascendancy since at least the 2014 deaths of Eric Garner and Michael Brown, and body cameras are poised to play an increasing role in law enforcement following the more recent deaths of George Floyd, Daunte Wright, and others. Indeed, President Biden, himself, has repeatedly called for the passage of the George... 2022  
John W. Bagby , Robert J. Aalberts , Chad G. Marzen MEDICAL MARTIAL LAW: TOWARDS A MORE EFFECTIVE PANDEMIC POLICY 47 Southern Illinois University Law Journal 1 (Fall, 2022) In early 2020, prophylactic actions and draconian proposals targeted the confinement of COVID-19 virus contagion vectors. Law, politics, geography, and the epidemiological sciences are intimately involved in structuring inter-disciplinary policy responses to balance curbs to the disease's devastation to human population health and the economic... 2022  
Kris Franklin MEDITATIONS ON TEACHING WHAT ISN'T: THEORIZING THE INVISIBLE IN LAW AND LAW SCHOOL 66 New York Law School Law Review 387 (2021/2022) Make an effort to remember. Or, failing that, invent. The hardest thing to comprehend is what is not visible. Because, of course, not visible does not mean not present. It simply means not capable of being seen. This essay is an effort to weave together disparate thoughts about what in law may be not visible, not seen, and yet, not... 2022  
Brandon Hasbrouck MOVEMENT CONSTITUTIONALISM 75 Oklahoma Law Review 89 (Autumn, 2022) The white supremacy at the heart of the American criminal legal system works to control Black, Brown, and poor people through mass incarceration. Poverty and incarceration act in a vicious circle, with reactionaries mounting a desperate defense against any attempt to mitigate economic exploitation or carceral violence. Ending the cycle will require... 2022  
Brandon Hasbrouck MOVEMENT JUDGES 97 New York University Law Review 631 (May, 2022) Judges matter. The opinions of a few impact the lives of many. Judges romanticize their own impartiality, but apathy in the face of systems of oppression favors the status quo and clears the way for conservative agendas to take root. The lifetime appointments of federal judges, the deliberate weaponization of the bench by reactionary opponents of... 2022  
Lily Talerman NAME AND SHAME: HOW INTERNATIONAL PRESSURE ALLOWS CIVIL RIGHTS ACTIVISTS TO INCORPORATE HUMAN RIGHTS NORMS INTO AMERICAN JURISPRUDENCE 17 Duke Journal of Constitutional Law & Public Policy Sidebar 303 (4/8/2022) The United States has ratified international human rights treaties sparingly. Where it has ratified, it has provided such a large number of reservations that the treaties' domestic effects are effectively nullified. Even though international human rights law has not been directly incorporated into American jurisprudence, however, international... 2022  
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