| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
|
| Olalekan N. Sumonu |
SHOT IN THE STREETS, BURIED IN COURTS: AN ASSAULT ON PROTESTER RIGHTS |
52 Seton Hall Law Review 1569 (2022) |
As a result of exasperated citizens' ongoing crusade against police-related killings, 2020 witnessed the eruption of protests and civil unrest throughout the country, leaving dried blood, empty tear gas canisters, demolished storefronts, and ultimately, a divided nation in its wake. Pictures and videos of devastated cities and businesses--as well... |
2022 |
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| Kathleen Giunta |
SLAYING THE SERPENTS: WHY ALTERNATIVE INTERVENTION IS NECESSARY TO PROTECT THOSE IN MENTAL HEALTH CRISIS FROM THE STATE-CREATED DANGER "SNAKE PIT" |
30 Journal of Law & Policy 497 (2022) |
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite... |
2022 |
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| Cesar M. Estrada |
SOCIAL MOVEMENT THEORY AND THE ROLE OF QUALIFIED IMMUNITY IN INCREASING POLITICAL VIOLENCE |
36 Notre Dame Journal of Law, Ethics & Public Policy 347 (2022) |
On April 20, 2021, a Minneapolis jury returned a guilty verdict on three different homicide charges for former Minneapolis Police Officer Derek Chauvin for the murder of George Floyd in May 2020. George Floyd's murder, long down the list of police killings of Black Americans, was not unique in and of itself. In 2020 alone, 1,126 people were killed... |
2022 |
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| Akshaya Kamalnath |
SOCIAL MOVEMENTS, DIVERSITY, AND CORPORATE SHORT-TERMISM |
23 Georgetown Journal of Gender and the Law 449 (Spring, 2022) |
Social movements like #MeToo and #BlackLivesMatter, powered by social media, have given rise to heightened corporate activism on social issues. They have also drawn attention to the importance of addressing diversity issues for the workforce rather than simply at the board or management level. This Article argues that the focus on such social... |
2022 |
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| Judge Leslie A. Gardner , Justin C. Van Orsdol |
SOLIDIFYING SUPREMACY CLAUSE IMMUNITY |
30 William & Mary Bill of Rights Journal 567 (March, 2022) |
States have often taken different approaches to polarizing issues such as the legalization of marijuana, voting rights, and gun safety. Generally, the federal government has stayed out of the fray honoring the concept of the states as laboratories. That is, until recently. With increasing debate among political leaders and diverging viewpoints... |
2022 |
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| Katrina Lee |
SOLVING FOR LAW FIRM INCLUSION: THE NECESSITY OF LAWYER WELL-BEING |
24 Vanderbilt Journal of Entertainment and Technology Law 323 (Winter, 2022) |
Chances are, in a room of one hundred law firm partners in the United States, at most, one Black woman would be present. Statistically, if there were a Black, Latinx, or Asian woman in that room, she would be the only one. Women of color make up only 3.79 percent of all partners, counting equity and nonequity partners. The percentage of Black women... |
2022 |
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| Blanche Bong Cook |
SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE |
102 Boston University Law Review 1 (February, 2022) |
When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... |
2022 |
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| Katrina McCullough, INTER-AMERICAN UNIVERSITY OF PUERTO RICO SCHOOL OF LAW |
SPEAK NOW OR FOREVER HOLD YOUR PEACE: FREEDOM OF SPEECH UNDER THE FIRST AMENDMENT ADDRESSING THE GOVERNMENT'S SUPPRESSION OF AFRICAN AMERICANS' RIGHT TO PEACEFUL PROTESTING |
15 Southern Journal of Policy and Justice 79 (Summer, 2022) |
Those who make peaceful revolution impossible, make violent revolution inevitable. John F. Kennedy To protest against injustice is the foundation of all our American democracy. Thurgood Marshall This paper will examine the history, development, and principles of Freedom of Speech expressed in the First Amendment. Additionally, this article will... |
2022 |
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| Marc Edelman |
SPORTS DIPLOMACY AT ITS TIPPING POINT: CAN NBA CHINA SURVIVE A CULTURE CLASH OVER FREE SPEECH NORMS? |
53 Connecticut Law Review 913 (February, 2022) |
Since 2008, the Chinese government has been an active participant in the joint venture of NBA China--a business venture that has allowed the National Basketball Association (NBA) to host exhibition basketball games in the People's Republic of China (China), broadcast basketball games on Chinese television networks, and operate a... |
2022 |
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| Emily Behzadi |
STATUES OF FRAUD: CONFEDERATE MONUMENTS AS PUBLIC NUISANCES |
18 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2022) |
The deaths of George Floyd, Breonna Taylor, and countless other African Americans have ignited a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the twenty-first century, racist and unrestrained police violence continues to plague American society. The unprecedented... |
2022 |
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| Akshaya Kamalnath |
STRENGTHENING BOARDS THROUGH DIVERSITY: A TWO-SIDED MARKET THAT CAN BE EFFECTIVELY SERVICED BY INTERMEDIARIES |
40 Minnesota Journal of Law & Inequality 155 (Winter, 2022) |
The current focus on the monitoring role of the corporate board has come under much criticism. Independent directors play a significant role within this model. However, their ability to truly function independently has been rightly questioned in the last decade. Independent directors are impeded by two main problems: first, the lack of access to... |
2022 |
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| Devon W. Carbado |
STRICT SCRUTINY & THE BLACK BODY |
69 UCLA Law Review 2 (March, 2022) |
When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... |
2022 |
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| Isaiah Strong |
SURVEILLANCE OF BLACK LIVES AS INJURY-IN-FACT |
122 Columbia Law Review 1019 (May, 2022) |
Black communities have been surveilled by governmental institutions and law enforcement agencies throughout the history of the United States. Most recently, law enforcement has turned to monitoring social media, devoting an increasing number of resources and time to surveilling various social media platforms. Yet this rapid increase in law... |
2022 |
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