| Author | Title | Citation | Summary | Year | Key Terms |
| Anna Hales |
BEYOND BORDERS: HOW PRINCIPLES OF PRISON ABOLITION CAN SHAPE THE FUTURE OF IMMIGRATION REFORM |
11 UC Irvine L. Rev. 1415 [UC Irvine Law Review] (August, 2021) |
This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an open borders approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration... |
2021 |
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| Kate Bass |
BEYOND ELECTIONS: ABOLITIONIST LESSONS FOR THE LAW OF DEMOCRACY |
169 U. Pa. L. Rev. 1901 [University of Pennsylvania Law Review] (June, 2021) |
The prison abolition movement, building on a long history of abolition in the United States, is articulating a vision of democracy that centers the lived experiences of people, particularly marginalized communities. Requiring more than legal standing and a secure right to vote, the abolitionist view of democracy calls for economic and civic... |
2021 |
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| Goldburn P. Maynard, Jr. |
BLACK QUEERS IN EVERYDAY LIFE |
30 Tul. J. L. & Sexuality 139 [Tulane Journal of Law & Sexuality] (2021) |
The rule is that no matter what you do in your artistic expression you are never, ever allowed to upset the alphabet people. You know who I mean. Those people who took twenty percent of the alphabet for themselves. When Dave Chappelle used the words quoted above to suggest that queers were all powerful, I pointed out on social media that these... |
2021 |
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| Goldburn P. Maynard, Jr. |
BLACK QUEERS IN EVERYDAY LIFE |
30 Tul. J. L. & Sexuality 139 [Tulane Journal of Law & Sexuality] (2021) |
The rule is that no matter what you do in your artistic expression you are never, ever allowed to upset the alphabet people. You know who I mean. Those people who took twenty percent of the alphabet for themselves. When Dave Chappelle used the words quoted above to suggest that queers were all powerful, I pointed out on social media that these... |
2021 |
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| Daniel S. Harawa |
BLACK REDEMPTION |
48 Fordham Urb. L.J. 701 [Fordham Urban Law Journal] (March, 2021) |
Introduction. 701 I. Revamping the Gross Disproportionality Standard for Excessive Punishment. 703 II. Rethinking Juvenile Life Without Parole. 710 III. Revisiting Racial Disparities in Capital Punishment. 714 Conclusion: The Anti-Racist Eighth Amendment. 718 |
2021 |
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| Natalie P. Byfield |
BLACKNESS AND EXISTENTIAL CRIMES IN THE MODERN RACIAL STATE |
53 Conn. L. Rev. 619 [Connecticut Law Review] (September, 2021) |
This Essay presents the concept of existential crime. It argues that our notion of crime has conflated acts that challenge the racial premise on which a state is founded with acts that breach what Karim Murji (2009) calls norms of propriety. It argues that the conflation of these different types of social acts into our conceptualization of... |
2021 |
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| Mary Anne Franks |
BOOK TALK: THE CULT OF THE CONSTITUTION |
13 ConLawNOW 33 [ConLawNOW] (2021) |
Professor Franks delivered the 2020 Constitution Day lecture at The Center for Constitutional Law based on these remarks. When we think of fundamentalists, we often think of religious fundamentalists. People who are zealously attached to a particular interpretation of an idea or text--one that just so happens to serve their world view--and who... |
2021 |
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| Mary Anne Franks |
BOOK TALK: THE CULT OF THE CONSTITUTION |
13 ConLawNOW 33 [ConLawNOW] (2021) |
Professor Franks delivered the 2020 Constitution Day lecture at The Center for Constitutional Law based on these remarks. When we think of fundamentalists, we often think of religious fundamentalists. People who are zealously attached to a particular interpretation of an idea or text--one that just so happens to serve their world view--and who... |
2021 |
|
| Jordan Martin |
BREONNA TAYLOR: TRANSFORMING A HASHTAG INTO DEFUNDING THE POLICE |
111 J. Crim. L. & Criminology 995 [Journal of Criminal Law and Criminology] (Fall, 2021) |
How can modern policing be reformed to address police violence against Black women when it can occur at no fault of their own and end with a shower of bullets in the middle of the night while within the sanctity of their own home? What is accomplished when her name is said but justice is never achieved? What good does it do when her story is... |
2021 |
|
| Kevin R. Johnson |
BRINGING RACIAL JUSTICE TO IMMIGRATION LAW |
116 Nw. U. L. Rev. Online 1 [Northwestern University Law Review Online] (5/13/2021) |
Abstract--From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... |
2021 |
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| Gowri J. Krishna, Kelly Pfeifer, Dana Thompson |
CARING FOR THE SOULS OF OUR STUDENTS: THE EVOLUTION OF A COMMUNITY ECONOMIC DEVELOPMENT CLINIC DURING TURBULENT TIMES |
28 Clinical L. Rev. 243 [Clinical Law Review] (Fall, 2021) |
Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians... |
2021 |
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| Mary E. Carney, J.D. |
Cause of Action for Violation of Constitutional Rights by Law Enforcement Officers Using Nonlethal or Less Lethal Weapons |
99 COA2d 223 [Causes of Action Second Series] (2021) |
In protests throughout the country, law enforcement officials have attempted to control groups of protesters through the use of rubber bullets, tear gas, flashbangs, beanbag rounds, and other implements deemed to be nonlethal or less lethal. Although they are called nonlethal or less lethal weapons, their use can result in serious injuries and... |
2021 |
|
| Don Corbett |
CHANGING THE GAME: GEORGE FLOYD, ATHLETE PROTEST, AND THE COUNTERSPEECH DOCTRINE |
98 U. Det. Mercy L. Rev. 197 [University of Detroit Mercy Law Review] (Winter, 2021) |
On May 25, 2020, George Floyd, an African American man, died at the hands of four police officers in Minneapolis, MN. A convenience store employee believed Floyd, who was unarmed, attempted to use counterfeit money to pay for goods and called 911. Four officers from the Minneapolis Police Department responded, and within thirty minutes, Floyd was... |
2021 |
|
| Alan K. Chen |
CHEAP SPEECH CREATION |
54 U.C. Davis L. Rev. 2405 [U.C. Davis Law Review] (June, 2021) |
As we look back on Professor Eugene Volokh's predictive article about cheap speech, it is worth examining what other elements of the speech and media landscape, as well as the supporting legal infrastructure, have changed over that same period. This Essay focuses on the substantial reduction in the cost of speech creation, as opposed to... |
2021 |
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CHEVRON CORP. (SISTERS OF ST. FRANCIS)) |
SEC No Action Ltrs. WSB File No. 0405202107 [SEC No Action Letters] (2021) |
WSB File No. 0405202107 WSB Subject Category: 77 Public Availability Date: March 30, 2021. Prepared By: Gibson Dunn References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 18, 2021 VIA E-MAIL Office of Chief Counsel Division of Corporation Finance Securities... |
2021 |
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CHUBB LTD. |
SEC No Action Ltrs. WSB File No. 0329202115 [SEC No Action Letters] (2021) |
WSB File No. 0329202115 WSB Subject Category: 77 Public Availability Date: March 26, 2021 References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 14, 2021 Via Email Shareholderproposals@sec.gov Securities and Exchange Commission Division of Corporation Finance... |
2021 |
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| Woodworth Winmill |
COERCION, DEFIANCE AND COMPETING AUDIENCES: UNDERSTANDING THE MEANING OF CONTEMPT AND SANCTIONS TO "TRUE BELIEVER" LITIGANTS |
126 Penn St. L. Rev. Penn Statim 10 [Penn State Law Review Penn Statim] (2021) |
Courts have substantial powers to punish entities that disobey their orders. However, despite potentially severe repercussions, litigants with intensely held ideologies--what this Article calls true believer litigants--sometimes choose to defy court orders, which leads to sanctions and contempt charges. This Article argues that, rather than... |
2021 |
|
| Woodworth Winmill |
COERCION, DEFIANCE AND COMPETING AUDIENCES: UNDERSTANDING THE MEANING OF CONTEMPT AND SANCTIONS TO "TRUE BELIEVER" LITIGANTS |
126 Penn St. L. Rev. Penn Statim 10 [Penn State Law Review Penn Statim] (2021) |
Courts have substantial powers to punish entities that disobey their orders. However, despite potentially severe repercussions, litigants with intensely held ideologies--what this Article calls true believer litigants--sometimes choose to defy court orders, which leads to sanctions and contempt charges. This Article argues that, rather than... |
2021 |
|
| Catherine Powell |
COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE |
33 Yale J.L. & Feminism 1 [Yale Journal of Law & Feminism] (2021) |
We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... |
2021 |
|
| Catherine Powell |
COLOR OF COVID AND GENDER OF COVID: ESSENTIAL WORKERS, NOT DISPOSABLE PEOPLE |
33 Yale J.L. & Feminism 1 [Yale Journal of Law & Feminism] (2021) |
We live in a viral moment--a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. In fact, the viruses of sexism, racism, and economic instability are pre-existing conditions of an unjust legal system--baked into our nation at the... |
2021 |
|
| Jennifer Aronsohn |
COMMUNITY CLAIM OF RIGHT |
51 Urb. Law. 135 [Urban Lawyer] (2021) |
Vacant properties are more than an eyesore or a sign of neighborhood blight: they contribute to wider social and legal problems for residents and are a significant expense for cities. Cities across the nation acquire and hold vacant and tax foreclosure properties to abate public nuisances and protect communities from criminal activity. Even though... |
2021 |
|
| Jennifer Aronsohn |
COMMUNITY CLAIM OF RIGHT |
51 Urb. Law. 135 [Urban Lawyer] (2021) |
Vacant properties are more than an eyesore or a sign of neighborhood blight: they contribute to wider social and legal problems for residents and are a significant expense for cities. Cities across the nation acquire and hold vacant and tax foreclosure properties to abate public nuisances and protect communities from criminal activity. Even though... |
2021 |
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| Matthew B. Kugler , Mariana Oliver |
CONSTITUTIONAL PANDEMIC SURVEILLANCE |
111 J. Crim. L. & Criminology 909 [Journal of Criminal Law and Criminology] (Fall, 2021) |
How do people view governmental pandemic surveillance? And how can their views inform courts considering the constitutionality of digital monitoring programs aimed at containing the spread of a highly contagious diseases? We measure the perceived intrusiveness of pandemic surveillance through two nationally representative surveys of Americans. Our... |
2021 |
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Cori Bush: Marjorie Taylor Greene didn't take back what she said about me |
(2/5/2021) |
Rep. Cori Bush (D-Mo.) on Thursday acknowledged that while Rep. Marjorie Taylor Greene (R-Ga.) apologized to congressional colleagues this week over her past controversial statements, Greene didn't take back or regret claims directed at Bush. |
2021 |
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| Helen Hershkoff, Arthur R. Miller |
COURTS AND CIVIL JUSTICE IN THE TIME OF COVID: EMERGING TRENDS AND QUESTIONS TO ASK |
23 N.Y.U. J. Legis. & Pub. Pol'y 321 [NYU Journal of Legislation and Public Policy] (2021) |
COVID-19 is a highly infectious virus that has caused worldwide disruption, large numbers of deaths, and economic dislocation. Since its appearance in 2019, containment of COVID-19 has depended, in part, upon forms of social distancing that have strained and made impossible traditional forms of judicial and legal practice. This Article focuses on... |
2021 |
|
| Helen Hershkoff, Arthur R. Miller |
COURTS AND CIVIL JUSTICE IN THE TIME OF COVID: EMERGING TRENDS AND QUESTIONS TO ASK |
23 N.Y.U. J. Legis. & Pub. Pol'y 321 [NYU Journal of Legislation and Public Policy] (2021) |
COVID-19 is a highly infectious virus that has caused worldwide disruption, large numbers of deaths, and economic dislocation. Since its appearance in 2019, containment of COVID-19 has depended, in part, upon forms of social distancing that have strained and made impossible traditional forms of judicial and legal practice. This Article focuses on... |
2021 |
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| E. Tendayi Achiume , Devon W. Carbado |
CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW |
67 UCLA L. Rev. 1462 [UCLA Law Review] (April, 2021) |
By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... |
2021 |
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| Linda S. Greene |
CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES |
2021 Wis. L. Rev. 259 [Wisconsin Law Review] (2021) |
Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... |
2021 |
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| Linda S. Greene |
CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES |
2021 Wis. L. Rev. 259 [Wisconsin Law Review] (2021) |
Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... |
2021 |
|
| Frédéric Gilles Sourgens |
CURIOUS UNILATERALISM |
13 Fed. Cts. L. Rev. 113 [Federal Courts Law Review] (2021) |
Introduction. 114 I. A Working Definition of Unilateralism. 119 II. Unilateralism as Assault on Republican Government. 124 A. The Procedural Problem of Unilateralism. 125 B. The Substantive Problem of Unilateralism. 127 III. Vermeule's Defense of Unilateralism. 130 IV. A Breakdown of Public Reason. 137 A. Two Accounts of Public Reason. 138 B. The... |
2021 |
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