Author | Title | Citation | Summary | Year | Key Terms |
Clifford J. Villa |
NO "BOX TO BE CHECKED": ENVIRONMENTAL JUSTICE IN MODERN LEGAL PRACTICE |
30 New York University Environmental Law Journal 157 (2022) |
For nearly thirty years, environmental justice has been part of our civic conversation and included in the mission of federal agencies. But while public attention to environmental justice has waxed and waned over time, environmental justice principles have endured and developed into rules of law. This development may be expected to continue and... |
2022 |
|
Luma Khabbaz |
NO TURNING BACK: A PROGRESSIVE APPLICATION OF STAND YOUR GROUND LAWS TO REMOVE THE DUTY TO RETREAT FOR WOMEN WHO KILL ABUSERS OUT OF SELF-DEFENSE |
37 Wisconsin Journal of Law, Gender & Society 215 (Fall, 2022) |
Stand Your Ground laws gained mainstream attention after George Zimmerman shot and killed Trayvon Martin, a Black teenager, in Florida. However, Stand Your Ground laws are neither new nor unique to Florida or other conservative states. Thirty-nine states remove the duty to retreat from self-defense law in some way through statute, case law, or jury... |
2022 |
|
Mark Conrad |
NON-FUNGIBLE TOKENS, SPORTS, AND INTELLECTUAL PROPERTY LAW ISSUES: A CASE STUDY APPLYING COPYRIGHT, TRADEMARK, AND RIGHT OF PUBLICITY LAW TO A NON-TRADITIONAL OWNERSHIP VEHICLE |
32 Journal of Legal Aspects of Sport 132 (2022) |
Non-fungible tokens (NFTs) are a recent addition to the cryptocurrency universe and have attracted the attention of different stakeholders in the sports world over the last two years. Because they can identify and authenticate particular content, NFTs have become a hot commodity among collectors and investors, in some cases selling for millions... |
2022 |
|
Erin C. Carroll |
OBSTRUCTION OF JOURNALISM |
99 Denver Law Review 407 (Spring, 2022) |
Identifying oneself as press--with a badge on a lanyard, label on a helmet, or sign on a car--used to be a near-grant of immunity. It meant safer passage through dangerous terrain. But today, being recognizable as a journalist may be more likely to make one a target. Physical assaults against journalists in the United States increased nearly 1,400%... |
2022 |
|
Alex B. Long |
OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") |
55 U.C. Davis Law Review 1717 (February, 2022) |
C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... |
2022 |
|
Bryan Borodkin |
OFFICER-CREATED JEOPARDY AND REASONABLENESS REFORM: REBUTTABLE PRESUMPTION OF UNREASONABLENESS WITHIN 42 U.S.C. § 1983 POLICE USE OF FORCE CLAIMS |
55 University of Michigan Journal of Law Reform 919 (Summer, 2022) |
This Note analyzes the current state of civil law surrounding police use of excessive force, highlighting the evolution of the objective reasonableness test employed in civil police use of force lawsuits brought under 42 U.S.C. § 1983. This Note also discusses the role that social movements and surveillance technologies have played in furthering... |
2022 |
|
Khaled A. Beydoun |
ON TERRORISTS AND FREEDOM FIGHTERS |
136 Harvard Law Review Forum 1 (10/20/2022) |
The Russian invasion of Ukraine in late March of 2022 ushered in a new chapter of war on the European continent. For a Russian regime intent on actualizing its imperial vison and an accosted Ukranian community fighting in the name of self-determination, this war is far more than a theater of war. Ukraine evolved into real-time drama for racial... |
2022 |
|
William J. Aceves |
ON THE MEANING OF COLOR AND THE END OF WHITE(NESS) |
17 Harvard Law & Policy Review 79 (Summer, 2022) |
This Article explores the history of the term people of color and its current status in a country struggling to overcome its racist origins. The murders of Trayvon Martin, Michael Brown, George Floyd, Breonna Taylor, and so many other victims of state violence have generated profound anger, calls for action, and demands for dialogue. It is... |
2022 |
|
John A. Powell |
OVERCOMING TOXIC POLARIZATION: LESSONS IN EFFECTIVE BRIDGING |
40 Minnesota Journal of Law & Inequality 247 (Summer, 2022) |
Our world is in the throes of multiple global crises, from the Covid-19 pandemic to the onset of climate change. These crises have revealed deep dysfunctions in our societies. Undergirding these dysfunctions is widening political, economic, and social polarization. Polarization has intensified to such a degree that it now constitutes what political... |
2022 |
|
Meera E. Deo |
PANDEMIC PRESSURES ON FACULTY |
170 University of Pennsylvania Law Review Online 127 (2022) |
L1-2Introduction . L3127 I The PELA Study. 129 II. Data on Worsening Inequities. 132 A. Prioritizing Students. 133 B. Scholarly (Un)Productivity. 135 C. Mental Health Effects. 137 III. The Continuum of Barriers. 139 L1-2Conclusion . L3142 |
2022 |
|
Amy F. Kimpel |
PAYING FOR A CLEAN RECORD |
112 Journal of Criminal Law and Criminology 439 (Summer, 2022) |
Prosecutors and courts often charge a premium for the ability to avoid or erase a criminal conviction. Defendants with means, who tend to be predominantly White, can often pay for a clean record. But the indigent who are unable to pay, and are disproportionately Black and Brown, are saddled with the stigma of a criminal record. Diversion and... |
2022 |
|
Rebecca M. Fitz |
PEERING INTO PASSIVE ELECTIONEERING: PRESERVING THE SANCTITY OF OUR POLLING PLACES |
58 Idaho Law Review 270 (2022) |
A century ago, our legislators took action to condemn voter intimidation, fraud, and violence occurring on Election Day. The concept of a neutral zone in polling places was implemented to protect the democratic values enshrined in our free and fair elections. In modern times, this policy interest is preserved in state statutes prohibiting... |
2022 |
|
GianCarlo Canaparo |
PERMISSIONS TO HATE: ANTIRACISM AND PLESSY |
27 Texas Review of Law and Politics 97 (Fall, 2022) |
History, however, gives little support to the view that time automatically erodes racial aversions, fears, and animosities, or even tames the overt behavior based on such feelings. There has been no one-way movement toward improved group relations, but instead many detours, oscillations, and even severe backward movements. -Thomas Sowell Plessy... |
2022 |
|
Guyora Binder , Ekow N. Yankah |
POLICE KILLINGS AS FELONY MURDER |
17 Harvard Law & Policy Review 157 (Summer, 2022) |
The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employed the widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder--although perhaps the only murder charge available for this killing under Minnesota... |
2022 |
|
Konrad S. Lee , Laura Kent-Jensen |
POLITICS AND EMPLOYMENT DISCRIMINATION |
24 Atlantic Law Journal 236 (2022) |
On May 25, 2020, Minneapolis police officers arrested George Floyd, a 46-year-old Black man, after a convenience store clerk claimed he used a counterfeit $20 bill to buy cigarettes. Mr. Floyd died after Derek Chauvin, one of the police officers, handcuffed him and pinned him to the ground with a knee, an episode that was captured on video and... |
2022 |
|
Claire O. Finkelstein , Richard W. Painter |
PRESIDENTIAL ACCOUNTABILITY AND THE RULE OF LAW: CAN THE PRESIDENT CLAIM IMMUNITY IF HE SHOOTS SOMEONE ON FIFTH AVENUE? |
24 University of Pennsylvania Journal of Constitutional Law 93 (February, 2022) |
Can a sitting President be indicted while in office? This critical constitutional question has never been directly answered by any court or legislative body. The prevailing wisdom, however, is that, though he may be investigated, a sitting President is immune from actual prosecution. The concept of presidential immunity has hastened the erosion of... |
2022 |
|
Miguel F.P. de Figueiredo , Dane Thorley |
PRETRIAL DISPARITY AND THE CONSEQUENCES OF MONEY BAIL |
81 Maryland Law Review 557 (2022) |
Catalyzed by the Black Lives Matter protests in 2020, support for criminal justice reform in the United States has become a groundswell, with reformers demanding an end to racial and socioeconomic disparities in all aspects of policing, prosecution, adjudication, and incarceration. While high-profile cases of police misconduct during arrest remain... |
2022 |
|
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 |
|