| Author | Title | Citation | Summary | Year | Key Terms |
| Anthony J. Ghiotto |
THE PRESIDENTIAL COUP |
70 Buffalo Law Review 369 (January, 2022) |
What prevents the President from abusing the military power at his disposal to stage a coup and actively impose presidential rule upon the United States? What if generations of presidential assertions of authority, congressional acquiescence, and judicial abdication have not only laid the groundwork for the President to use military power to impose... |
2022 |
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| William Stoll |
THE PROBLEM WITH CONFEDERATE MONUMENTS: STATE LAWS AS BARRIERS FOR REMOVAL AND METHODS AVAILABLE TO LOCALITIES |
26 U.C. Davis Social Justice Law Review 91 (Winter, 2022) |
Introduction. 93 I. The Spread and Protection of Southern Monuments. 95 A. The History and Background of Confederate Monuments. 95 B. State Efforts to Maintain and Protect Confederate Monuments. 98 II. Despite Claims to the Contrary, Slavery Was the Primary Cause of the Civil War. 103 A. Primary Source Documents from the Confederacy and its... |
2022 |
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| Kate Levine |
THE PROGRESSIVE LOVE AFFAIR WITH THE CARCERAL STATE |
120 Michigan Law Review 1225 (April, 2022) |
The Feminist War on Crime: The Unexpected Role of Women's Liberation in Mass Incarceration. By Aya Gruber. Oakland: University of California Press. 2020. Pp. xii, 288. Cloth, $29.95; paper, $24.95. Famed feminist attorney Gloria Allred, pictured above, has a wide smile as she holds up a sign displaying the sentence given to movie mogul and sexual... |
2022 |
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| Medha Raman |
THE RACE TO RECALL: AN ANALYSIS OF ASIAN AMERICAN EFFORTS TO OUST SAN FRANCISCO'S PROGRESSIVE PROSECUTOR |
14 Georgetown Journal of Law & Modern Critical Race Perspectives 171 (Summer, 2022) |
C1-2Table of Contents Introduction. 171 I. Background. 172 A. District Attorney Election. 172 B. Initial Term. 174 C. Recall Election. 177 II. Yes on Proposition H: An Exploration of Asian American Political Identity. 179 A. Defining Justice. 179 B. Asian American Neoconservatism. 181 C. Co-optation of Asian American Concerns. 184 D.... |
2022 |
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| André Douglas Pond Cummings, Steven A. Ramirez |
THE RACIST ROOTS OF THE WAR ON DRUGS & THE MYTH OF EQUAL PROTECTION FOR PEOPLE OF COLOR |
44 University of Arkansas at Little Rock Law Review 453 (Spring, 2022) |
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed... |
2022 |
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| John Whitlow |
THE REAL ESTATE STATE AND GROUP-DIFFERENTIATED VULNERABILITY TO PREMATURE DEATH: EXPLORING THE POLITICAL-ECONOMIC ROOTS OF COVID-19'S RACIALLY DISPARATE DEADLINESS IN NEW YORK CITY IN THE SPRING OF 2020 |
35 Journal of Civil Rights & Economic Development 245 (Spring, 2022) |
Tell me how you die and I will tell you who you are. [I]n our time all politics is about real estate; and this from the loftiest statecraft to the most petty maneuvering around local advantage. In May 2020, after several bleak months in which Covid-19 took the lives of thousands of New York City's most vulnerable residents, a vigil was held in... |
2022 |
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| G. Alex Sinha |
THE THIN BLUE LINE BETWEEN VIRTUE AND VICE: CONFRONTING THE MORAL HARMS OF POLICING |
84 University of Pittsburgh Law Review 1 (Fall, 2022) |
Scholarship on policing has exploded in recent years as bystanders increasingly record and circulate videos of police brutality, much of it directed at civilians of color. These incidents have drawn significant attention to the culture of police departments and police unions, generating widespread calls for the reform, or even the abolition, of... |
2022 |
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| Terry Morehead Dworkin, Cindy A. Schipani |
THE TIMES THEY ARE A-CHANGIN'?: #METOO AND OUR MOVEMENT FORWARD |
55 University of Michigan Journal of Law Reform 365 (Winter, 2022) |
Social movements like #MeToo have gained public traction like never before. In this Article, we place those developments within their historical context and chart a path forward. First, we provide a history of the prior unsuccessful attempts to ratify an Equal Rights Amendment, and we discuss that effort's current legal status and prospects. Then,... |
2022 |
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| Angela N. Aneiros |
THE UNLIKELY PRESSURE FOR ACCOUNTABILITY: THE INSURANCE INDUSTRY'S ROLE IN SOCIAL CHANGE |
27 Texas Journal on Civil Liberties & Civil Rights 139 (Spring, 2022) |
The summer of 2020 witnessed a national reckoning: the murder of George Floyd and the resulting unprecedented Black Lives Matter (BLM) protests. As the BLM movement gained unsurpassed traction, corporate America jumped to show support: Nearly 70% of the 500 largest companies made statements in support of racial justice and more than a third... |
2022 |
|
| Josh Lens |
THE WNBA'S 2020 COLLECTIVE BARGAINING AGREEMENT: A SLAM DUNK FOR WORKING WOMEN AND MOTHERS |
110 Kentucky Law Journal 333 (2021-2022) |
Table of Contents. 333 Abstract. 333 Introduction. 334 I. The WNBA and its Extensive History of Social Activism. 337 A. WNBA History. 337 B. The WNBA's Involvement with Social Issues. 340 II. WNBA Collective Bargaining History that Culminated in the 2020 CBA. 343 A. Collective Bargaining Under Labor Law and the National Labor Relations Act. 344 B.... |
2022 |
|
| Deborah L. Brake |
THEORY MATTERS--AND TEN MORE THINGS I LEARNED FROM MARTHA CHAMALLAS ABOUT FEMINISM, LAW, AND GENDER |
83 Ohio State Law Journal 435 (2022) |
C1-2Table of Contents I. Introduction. 435 II. Feminism Is Plural. 437 III. Gender Is Intersectional. 442 IV. Gender Is Constructed and Gender Constructs. 444 V. Everything Old Becomes New Again. 446 VI. Nothing Is as Easy as It Seems. 450 VII. Gender Hides in Plain Sight. 457 VIII. It's the Institution, Stupid!. 459 IX. Mind the Gap. 462 X. Take... |
2022 |
|
| Frank D. LoMonte , Paola Fiku |
THINKING OUTSIDE THE DOX: THE FIRST AMENDMENT AND THE RIGHT TO DISCLOSE PERSONAL INFORMATION |
91 UMKC Law Review 1 (Fall, 2022) |
During a hard-fought 2021 mayoral race in New York City, an unanticipated issue fixated the attention of local journalists and threatened to derail the frontrunning campaign of Democrat Eric Adams: it was not clear that Adams actually lived in New York. Reporters used publicly available records to sleuth out indicators that Adams' primary residence... |
2022 |
|
| Kimberlé Williams Crenshaw |
THIS IS NOT A DRILL: THE WAR AGAINST ANTIRACIST TEACHING IN AMERICA |
68 UCLA Law Review 1702 (February, 2022) |
On January 5, 2022, Professor Kimberlé Williams Crenshaw received the 2021 Triennial Award for Lifetime Service to Legal Education and the Legal Profession from the Association of American Law Schools (AALS). In this modified acceptance speech delivered at the 2022 AALS Awards Ceremony, she reflects on the path that brought her to this moment and... |
2022 |
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| Dalila E. A. Haden |
TIKTOK ON THE CLOCK: THE PRESSING NEED FOR EQUITABLE SOLUTIONS TO SOLVE SOCIAL MEDIA COPYRIGHT INJUSTICES COMMITTED AGAINST MINORITY CREATORS |
24 Rutgers Race & the Law Review 51 (2022) |
Dance creators on TikTok--many of whom are Black and people of color--are asking to be properly recognized for viral dances that the most popular TikTokers appropriate and monetize. Now, many of these original creators are directly addressing the issue. They point out that proper crediting is important because dances are not simply a frivolous... |
2022 |
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| Brian L. Porto |
TIME TO TINKER: A NEW STANDARD FOR PROTECTING THE FIRST AMENDMENT RIGHTS OF COLLEGE ATHLETES |
13 Harvard Journal of Sports & Entertainment Law 301 (Summer, 2022) |
As winter gave way to spring and summer in 2021, longstanding practices in the relations between college athletes and their respective institutions yielded to the shifting winds of dramatic, even historic, change. In April of 2021, the National Collegiate Athletic Association (NCAA) approved a rule change that enables athletes in all sports who... |
2022 |
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| Katherine Grace Graham |
TO TRUST OR NOT TO TRUST: NATIVE AMERICAN HEALTHCARE IMPROVEMENT IN THE SUPREME COURT'S HANDS |
56 Georgia Law Review 1281 (Summer, 2022) |
The United States federal government's relationship with Native American tribes has long been tenuous. Despite years of unjust and inhumane treatment of Native Americans by the government, Congress has attempted to rectify or limit the government's harm to Native American people but has fallen short of upholding all agreements intended to improve... |
2022 |
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| Khrystan Nicole Policarpio, Grecia Orozco |
TOGETHER BUT UNEQUAL: HOW THE COVID-19 PANDEMIC EXACERBATED THE INEQUITIES HARMING MINORITY LAW STUDENTS |
55 U.C. Davis Law Review Online 91 (May, 2022) |
C1-2Table of Contents Introduction. 93 I. The Law School Institutional Structure. 95 A. Law School Admissions Have Numerous Structural Hurdles for Minority Law Students. 96 1. LSAT. 96 2. Law School Rankings. 99 B. Law Schools Continue to Uphold White Supremacy in the Classroom. 101 C. Minority Law School Graduates Continue to Face Structural... |
2022 |
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TRANSCRIPT OF VIDEO FILE: PANEL 5 - THE FUTURE OF EMPLOYMENT LAW |
30 American University Journal of Gender, Social Policy and the Law 191 (2022) |
FACILITATOR: All right everyone, welcome to our last panel, The Future of Employment Law. I want to quickly introduce our moderator, Karla Gilbride, the co-director of the Access to Justice Project. Karla, you can take it away. KARLA GILBRIDE: Thank you so much. Thanks to the American University Journal of Gender, Social Policy, & the Law, and... |
2022 |
|
| Allison Schwach |
TRANSPARENCY BREEDS ACCOUNTABILITY, ACCOUNTABILITY BREEDS TRUST: WHERE IOWA LAW STANDS ON THE CONFIDENTIALITY OF POLICE MISCONDUCT RECORDS |
70 Drake Law Review 521 (2022) |
Over the last decade, highly publicized and heartbreaking displays of law enforcement officers using force, abusing force, and exhibiting blatant misconduct have plagued the United States. The widespread news coverage of these tragedies has justifiably unleashed outrage. Importantly, however, the coverage has also served to bring necessary... |
2022 |
|
| Teri Dobbins Baxter |
TRAUMATIC JUSTICE |
56 University of Richmond Law Review 331 (Winter, 2022) |
In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were... |
2022 |
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| C. Scott Holmes , Amelia O'Rourke-Owens |
TRESPASSING ON WHITE SUPREMACY: THE LEGACY OF ESTABLISHMENT WHITE SUPREMACY IN NORTH CAROLINA |
100 North Carolina Law Review Forum 149 (2022) |
White supremacy offers a unifying framework for understanding the legal history of North Carolina, the current legal regime of the state, and the actions of the state in responding to protests demanding redress from that insidious history. We provide a history of the First Reconstruction in the state, the leading role of white lawyers in the... |
2022 |
|
| Dana Khabbaz |
UNMANNED STAKEOUTS: POLE-CAMERA SURVEILLANCE AND PRIVACY AFTER THE TUGGLE CERT DENIAL |
132 Yale Law Journal Forum 105 (10/10/2022) |
abstract. This Essay analyzes the implications of the Supreme Court's denial of certiorari in Tuggle v. United States, a Seventh Circuit opinion upholding law enforcement's warrantless, eighteen-month pole-camera surveillance of a criminal suspect's home. By declining to take up the case, the Supreme Court missed an opportunity to update its... |
2022 |
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| Alexandra L. Raleigh |
WE CAN'T BREATHE: REIMAGINING EQUAL PROTECTION AS A COLLECTIVE RIGHT |
72 Case Western Reserve Law Review 785 (Spring, 2022) |
George Floyd couldn't breathe. We can't either. We live in fear. Fear of walking outside. Wearing a hoodie. Going for a jog. Sleeping in our own home. Existing. Every day, a new hashtag. Every hour, a new injustice. Every second, more pain. We don't deserve to live like this--and we continue to fight until white supremacy no longer permeates every... |
2022 |
|
| Barry Friedman |
WHAT IS PUBLIC SAFETY? |
102 Boston University Law Review 725 (April, 2022) |
For hundreds of years, political leaders and thinkers have deemed public safety the first duty of government. But they have defined public safety rather narrowly, primarily in terms of the protection function--protecting individuals from violent harm to person or property from third parties (and also from natural elements). As the first duty, the... |
2022 |
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| Trace C. Vardsveen , Richard L. Wiener |
WHAT'S REASONABLE? AN EXPERIMENTAL TEST OF THE REASONABLE OFFICER STANDARD |
28 Psychology, Public Policy, and Law 573 (November, 2022) |
Under the U.S. Supreme Court's legal standard for determining civil liability in Fourth Amendment excessive force cases, jurors must judge the reasonableness of an officer's use of force from the perspective of a reasonable officer on the scene by considering factors like a suspect's threat and resistance levels. However, despite a growing body... |
2022 |
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| Osamudia James |
WHITE INJURY AND INNOCENCE: ON THE LEGAL FUTURE OF ANTIRACISM EDUCATION |
108 Virginia Law Review 1689 (December, 2022) |
In the wake of the racial reckoning of 2020, antiracism education attracted intense attention and prompted renewed educator commitments to teach more explicitly about the function, operation, and harm of racism in the United States. The increased visibility of antiracism education engendered sustained critique and opposition, resulting in... |
2022 |
|
| Brandon Hasbrouck |
WHO CAN PROTECT BLACK PROTEST? |
170 University of Pennsylvania Law Review Online 39 (2022) |
Police violence both as the cause of and response to the racial justice protests following George Floyd's murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and... |
2022 |
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| Cedric Merlin Powell |
WOKE? |
25 Green Bag 123 (Winter, 2022) |
Conflating the whitelash against anti-racist activism and policy advocacy with a reverse racism conceit ripe with the fervor of a new religion, John McWhorter, Columbia University linguist and social commentator, unearths a new Black pathology-- Woke Racism--a religion of wokeness that threatens to betray Black America. America is in the looking... |
2022 |
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| Kathleen Kersh , Matthew N. Currie |
WORKING FOR JUSTICE IN AN UNJUST SYSTEM; MOVING BEYOND THE LEGAL SYSTEM |
55 UIC Law Review 251 (Summer, 2022) |
I. Introduction. 251 II. Background. 257 A. Moving beyond the legal system to promote community empowerment. 257 B. Cole's Framework for Community Lawyering. 259 III. Case Studies. 262 A. Case Study 1: Surveillance Technology Oversight Ordinance. 262 1. Building the Coalition. 262 2. Advocating for Police Accountability. 265 3. Supporting Community... |
2022 |
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| Xenna K. Davis |
YOUR SHIRT OR YOUR VOTE: WHY TEXAS'S ELECTIONEERING LAW UNCONSTITUTIONALLY INFRINGES VOTERS' FREEDOM OF SPEECH |
54 Texas Tech Law Review 279 (Winter, 2022) |
I. Introduction. 280 II. A Retrospect of the Freedom of Speech. 282 A. The First Amendment's Free Speech Clause. 282 B. Unprotected Speech v. Protected Speech. 283 C. Expressive Conduct and Expressive Association. 284 1. Expressive Conduct. 285 2. Expressive Association in the Context of NAACP and BLM. 286 D. Three Types of Government-Controlled... |
2022 |
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