AuthorTitleCitationSummaryYearKey Terms
Amanda Pulido ZERO TO HERO: THE UNAVAILABILITY OF BIVENS AND WHY CONGRESS SHOULD INTERVENE 16 FIU Law Review 807 (Spring, 2022) In Bivens, the Supreme Court held that although 42 U.S.C. § 1983 is silent as to its application to federal agents, the plaintiff had an implied cause of action against federal agents for violation of his constitutional rights. Since this decision, the Court has heavily narrowed the implied Bivens cause of action and punted the decision to Congress... 2022  
Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD "I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY 25 U.C. Davis Soc. Just. L. Rev. 73 [U.C. Davis Social Justice Law Review] (Summer, 2021) I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... 2021  
Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. "NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY 43 Campbell L. Rev. 171 [Campbell Law Review] (2021) This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... 2021  
Ada K. Wilson, Esq. , Dr. Timothy J. Fair , Michael G. Morrison, II, Esq. "NEWTRALITY": A CONTEMPORARY ALTERNATIVE TO RACE-NEUTRAL PEDAGOGY 43 Campbell L. Rev. 171 [Campbell Law Review] (2021) This Article presents the findings of an interdisciplinary search for an alternative to race-neutral pedagogy. Ultimately, Motivated Awareness and Inclusive Integrity can build capacity for advancements in human understanding of the social sciences and inspire reconsideration of race-neutral standards which impede meaningful judicial review.... 2021  
Caitlin M. McGrail "RECOGNIZED STATURE" REVISITED: COULD "COMMUNITY STANDARDS" RESCUE RESTRICTIVE "RECOGNIZED STATURE" DEFINITION IN CASTILLO v. G&M REALTY L.P.? 66 Vill. L. Rev. 615 [Villanova Law Review] (2021) The making of a work of art is one historical process among other acts, events, and structures--it is a series of actions in but also on history. On May 25, 2020, the death of George Floyd sparked protests around the country. In the wake of this nationwide outcry, artists around the country created public protest art with the potential of... 2021  
Caitlin M. McGrail "RECOGNIZED STATURE" REVISITED: COULD "COMMUNITY STANDARDS" RESCUE RESTRICTIVE "RECOGNIZED STATURE" DEFINITION IN CASTILLO v. G&M REALTY L.P.? 66 Vill. L. Rev. 615 [Villanova Law Review] (2021) The making of a work of art is one historical process among other acts, events, and structures--it is a series of actions in but also on history. On May 25, 2020, the death of George Floyd sparked protests around the country. In the wake of this nationwide outcry, artists around the country created public protest art with the potential of... 2021  
Monica Krup "RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST 22 Rutgers Race & L. Rev. 293 [Rutgers Race & the Law Review] (2021) In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... 2021  
Monica Krup "RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST 22 Rutgers Race & L. Rev. 293 [Rutgers Race & the Law Review] (2021) In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... 2021  
Gregory S. Parks "WHEN THEY SEE US" THE GREAT WHITE AWAKENING TO BLACK HUMANITY 21 U. Md. L.J. Race, Religion, Gender & Class 1 [University of Maryland Law Journal of Race, Religion, Gender and Class] (Spring, 2021) Why white folks focus on dogs and yoga, While people on the low end trying to ball and get over. In 2015, Damon Young, co-founder of Very Smart Brothas--a website that features essays on pop culture, politics, and humor for African American readers-- authored a piece titled Black People Don't Hate Dogs. We Just Hate When Their Lives Are Valued More... 2021  
Nia A.D. Langley #SEEHERNAME: USING INTERSECTIONALITY AND STORYTELLING TO BRING VISIBILITY TO BLACK WOMEN IN EMPLOYMENT DISCRIMINATION AND POLICE BRUTALITY 14 DePaul J. for Soc. Just. 1 [DePaul Journal for Social Justice] (Summer, 2021) C1-2Table of Contents I. Introduction. 2 II. Intersectionality. 4 III. Intersectional Challenges In 2021. 4 A. Employment Discrimination. 5 1. Intersectionality's Legal Status. 6 2. Hair Discrimination. 7 B. Police Brutality. 12 1. Black Women and Black Men Experience Police Brutality Similarly. 13 2. Black Women and Black Men Experience Police... 2021  
Angela Onwuachi-Willig, Anthony V. Alfieri (RE)FRAMING RACE IN CIVIL RIGHTS LAWYERING, STONY THE ROAD: RECONSTRUCTION, WHITE SUPREMACY, AND THE RISE OF JIM CROW, BY HENRY LOUIS GATES, JR., PENGUIN PRESS, 2019 130 Yale L.J. 2052 [Yale Law Journal] (June, 2021) This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and... 2021  
Wayne R. LaFave, Jerold H. Israel,, Nancy J. King,, Orin S. Kerr § 1.5(j) Achieving equality in the application of the process CRIMPROC § 1.5(j) [Criminal Procedure] (2021) In a society dedicated to achieving equal justice under law, it is only natural that another goal of the criminal justice process is to achieve equality in the administration of the process. The primary concern here is that each jurisdiction be evenhanded in its treatment of persons subjected to the process. This does not mean that procedures... 2021  
Rodney A. Smolla § 10:44. Imposing liability against organizers and leaders of protests and demonstrations FREESPEECH § 10:44 [Smolla & Nimmer on Freedom of Speech] (2021) When public demonstrations, marches, and protests are conducted in public spaces, violence at times ensues. America has experienced many such events, including the activities in Charlottesville in 2017, and the massive national protests surrounding the murder of George Floyd in 2020. These may range from minor skirmishes, to serious acts of... 2021  
Ted A. Donner, J.D., Richard K. Gabriel § 3:2. Discrimination in jury selection JURYSELECT § 3:2 [Jury Selection Strategy and Science] (2021) The Constitution and federal statutory law require that potential jurors not be excluded from jury service as a result of intentional racial discrimination. Until recently, however, there was no prohibition against discriminatory conduct in the ABA Model Rules for Professional Conduct, except to the extent that it was eluded to in the Comment to... 2021  
  § 4:34. Explanations that may be inadequate as a matter of law-Inherently discriminatory explanations JURYWORK § 4:34 [Jurywork Systematic Techniques] (2021) A peremptory challenge based on the proponents assumption or intuitive judgment that a Black juror will favor a Black defendant because of their shared race is not legally sufficient at Step 2. Batson, 476 U.S. at 97. Not surprisingly, most of the cases in which prosecutors explicitly characterized their explanations in this manner were... 2021  
Martin A. Schwartz § 5.06 SURVEY OF JUDICIAL NOTICE IN CIVIL RIGHTS CASES SNETLFE § 5.06 [Aspen Publishers] (2021) The decisions surveyed in this section pertain primarily to judicial notice of adjudicative facts. However, the line between adjudicative and legislative facts is not always clear. Further, courts frequently take judicial notice without specifying whether the fact is adjudicative or legislative in character. Thus, while the main goal in this... 2021  
  § 5104 Facts Judicially Noticeable; Indisputability FPP § 5104 (2021) Once a court has completed the laborious process of determining that the fact to be judicially noticed is an adjudicative fact under Rule 201(a), it must turn to Rule 201(b) to determine whether the fact can be noticed under the Rule. Rule 201(b) requires that a fact be indisputable, then provides two routes to that goal. This section... 2021  
  § 9:1. Artists, Art Practice and the Art Community ARTARCHLAW § 9:1 (2021) Artists are subject to the demands of [their] imagination." This Chapter on Artist Rights was written in the 1990s and updated in parts during the last twenty years. In those two decades 2021  
Flaum, Brennan, Scudder ¶ 11,289 CONSTELLATION BRANDS U.S. OPERATIONS, INCORPORATED, DOING BUSINESS AS WOODBRIDGE WINERY, PETITIONER, CROSS-RESPONDENT V NATIONAL LABOR RELATIONS BOARD, RESPONDENT, CROSS-PETITIONER. Labor & Empl. L. P 11289 [Labor & Employment Law] (2021) Constellation Brands U.S. Operations, Incorporated, doing business as Woodbridge Winery, Petitioner, Cross-Respondent v National Labor Relations Board, Respondent, Cross-Petitioner. 171 LC ¶ 11,289. U.S. Court of Appeals, Seventh Circuit. Nos. 19-1321 & 19-1549. 2021 U.S. App. LEXIS 9229. March 30, 2021. 171 LC ¶ 11,289. Petition for Review and... 2021  
  ¶ 33,041 STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) NLRB Cas. Handling Man. (CCH) P 33041 [NLRB Case Handling Manual (CCH)] (2021) In memorandum GC 21-08, issued September 29, 2021, NLRB General Counsel Jennifer Abruzzo provides updated guidance on her prosecutorial position that certain student athletes are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. Although her memo is directed to Regional Directors,... 2021  
  ¶ 33,041 STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) NLRB Cas. Handling Man. (CCH) P 33041 [NLRB Case Handling Manual (CCH)] (2021) In memorandum GC 21-08, issued September 29, 2021, NLRB General Counsel Jennifer Abruzzo provides updated guidance on her prosecutorial position that certain student athletes are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. Although her memo is directed to Regional Directors,... 2021  
  ¶ 378,260 DENNIS BLACK, CHARLES CUNNINGHAM, KENNETH HOLLIS, AND DELPHI SALARIED RETIREE ASSOCIATION, PETITIONERS, V. PENSION BENEFIT GUARANTY CORPORATION, RESPONDENT. Pens. Plan Guide (CCH) P 378260 [Pension Plan Guide (CCH)] (2021) DENNIS BLACK, CHARLES CUNNINGHAM, KENNETH HOLLIS, AND DELPHI SALARIED RETIREE ASSOCIATION, Petitioners, v. PENSION BENEFIT GUARANTY CORPORATION, Respondent. No. 21-495. U.S. Supreme Court. July 1, 2021 PETITION FOR A WRIT OF CERTIORARI (REDACTED FOR PUBLIC RECORD) On Petition for a Writ of Certiorari to the United States Court of Appeals for the... 2021  
  ¶ 46,696 SUVERINO FRITH, ET AL., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS V WHOLE FOODS MARKET, INC., AND AMAZON.COM, INC., DEFENDANTS. Empl. Prac. Guide P 46696 [Employment Practices Guide] (2021) Suverino Frith, et al., individually and on behalf of all others similarly situated, Plaintiffs v Whole Foods Market, Inc., and Amazon.com, Inc., Defendants. 105 EPD ¶ 46,696. U.S. District Court, D. Massachusetts. Civil Action No. 20-cv-11358-ADB. 2021 US Dist LEXIS 22173. February 5, 2021. Granted; granted in part. Burroughs, D.J.: Plaintiffs,... 2021  
  ¶ 46,746 JOHNNY STRICKLAND, PLAINTIFF-APPELLANT V CITY OF DETROIT, MICHIGAN; JAMES CRAIG; MARK BLISS; RODNEY BALLINGER; STEVEN MURDOCK; CASEY SCHIMECK; DEANNA WILSON, DEFENDANTS-APPELLEES. Empl. Prac. Guide P 46746 [Employment Practices Guide] (2021) Johnny Strickland, Plaintiff-Appellant v City of Detroit, Michigan; James Craig; Mark Bliss; Rodney Ballinger; Steven Murdock; Casey Schimeck; Deanna Wilson, Defendants-Appellees. 105 EPD ¶ 46,746. U.S. Court of Appeals, Sixth Circuit. No. 19-2373. 2021 US App LEXIS 11934. 995 F.3d 495. April 22, 2021. Appeal from United States District Court,... 2021  
  ¶ 9444 NLRB MEMORANDUM: STATUTORY RIGHTS OF PLAYERS AT ACADEMIC INSTITUTIONS (STUDENT-ATHLETES) Labor & Empl. L. P 9444 [Labor & Employment Law] (2021) ¶ 9444 On January 31, 2017, the Office of the General Counsel issued GC 17-01, which addressed various issues regarding the statutory rights of university faculty and/or students under the National Labor Relations Act (the Act or NLRA). That memo summarized pertinent representation case decisions and was intended to serve as a guide for... 2021  
Jeffrey S. Moorad Sports Law Journal Symposium 2021: ENTERING THE NEW SPORTS NORMAL 28 Jeffrey S. Moorad Sports L.J. 217 [Jeffrey S. Moorad Sports Law Journal] (2021) How has a global pandemic changed the sports landscape? What does the future role of the student-athlete look like? What part do sports teams and players have in social justice movements? The 2021 Jeffrey S. Moorad Sports Law Symposium discussed these topics from the past year and took a look forward as we enter a new sports normal. We were... 2021  
Jeffrey S. Moorad Sports Law Journal Symposium 2021: ENTERING THE NEW SPORTS NORMAL 28 Jeffrey S. Moorad Sports L.J. 217 [Jeffrey S. Moorad Sports Law Journal] (2021) How has a global pandemic changed the sports landscape? What does the future role of the student-athlete look like? What part do sports teams and players have in social justice movements? The 2021 Jeffrey S. Moorad Sports Law Symposium discussed these topics from the past year and took a look forward as we enter a new sports normal. We were... 2021  
Phillip Atiba Goff , Kim Shayo Buchanan A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE 76 N.Y.U. Ann. Surv. Am. L. 375 [New York University Annual Survey of American Law] (2021) Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... 2021  
Phillip Atiba Goff , Kim Shayo Buchanan A DATA-DRIVEN REMEDY FOR RACIAL DISPARITIES: COMPSTAT FOR JUSTICE 76 N.Y.U. Ann. Surv. Am. L. 375 [New York University Annual Survey of American Law] (2021) Police executives and policymakers have long affirmed a core principle of sound organizational management: law enforcement agencies must measure what matters. And they do: since the New York Police Department popularized the COMPSTAT process in the late 1990s, the systematic, ongoing analysis of crime and arrest data has achieved widespread... 2021  
Ari B. Rubin A FACIAL CHALLENGE: FACIAL RECOGNITION TECHNOLOGY AND THE CARPENTER DOCTRINE 27 Rich. J.L. & Tech. 3 [Richmond Journal of Law and Technology] (2021) In the 1943 Alfred Hitchcock film, Shadow of a Doubt, a handsome, young Uncle Charlie visits his sister's family, including a teenage niece, in the suburbs. Soon after Uncle Charlie's arrival, the niece notices an unusual quirk: more than camera shy, Uncle Charlie refuses to be caught on film at all. Uncle Charlie steps out of frame whenever a... 2021  
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