| Author | Title | Citation | Summary | Year | Relevancy |
| Edward Lee |
MODERATING CONTENT MODERATION: A FRAMEWORK FOR NONPARTISANSHIP IN ONLINE GOVERNANCE |
70 Am. U. L. Rev. 913 [American University Law Review] (February, 2021) |
Internet platforms serve two important roles that often conflict. Facebook, Twitter, YouTube, and other internet platforms facilitate the unfettered exchange of free speech by millions of people, yet they also moderate or restrict the speech according to their community standards, such as prohibitions against hate speech and advocating violence,... |
2021 |
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| Amna A. Akbar, Sameer M. Ashar, Jocelyn Simonson |
MOVEMENT LAW |
73 Stan. L. Rev. 821 [Stanford Law Review] (April, 2021) |
In this Article we make the case for movement law, an approach to legal scholarship grounded in solidarity, accountability, and engagement with grassroots organizing and left social movements. In contrast to law and social movements--a field that studies the relationship between lawyers, legal process, and social change--movement law... |
2021 |
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| Brooke Simone |
MUNICIPAL REPARATIONS: CONSIDERATIONS AND CONSTITUTIONALITY |
120 Mich. L. Rev. 345 [Michigan Law Review] (November, 2021) |
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations... |
2021 |
|
| Jan L. Jacobowitz |
NEGATIVE COMMENTARY--NEGATIVE CONSEQUENCES: LEGAL ETHICS, SOCIAL MEDIA, AND THE IMPACT OF EXPLOSIVE COMMENTARY |
11 St. Mary's J. Legal Mal. & Ethics 312 [St. Mary's Journal on Legal Malpractice & Ethics] (2021) |
Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only... |
2021 |
|
| Jan L. Jacobowitz |
NEGATIVE COMMENTARY--NEGATIVE CONSEQUENCES: LEGAL ETHICS, SOCIAL MEDIA, AND THE IMPACT OF EXPLOSIVE COMMENTARY |
11 St. Mary's J. Legal Mal. & Ethics 312 [St. Mary's Journal on Legal Malpractice & Ethics] (2021) |
Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only... |
2021 |
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NETFLIX, INC. |
SEC No Action Ltrs. WSB File No. 0412202114 [SEC No Action Letters] (2021) |
WSB File No. 0412202114 WSB Subject Category: 77 Public Availability Date: April 9, 2021. Prepared By: Skadden Arps References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ BY EMAIL (shareholderproposals@sec.gov) January 26, 2021 U.S. Securities and Exchange Commission... |
2021 |
|
| Alexander Reinert, Joanna C. Schwartz, James E. Pfander |
NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT |
116 Nw. U. L. Rev. 737 [Northwestern University Law Review] (2021) |
Abstract--Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines... |
2021 |
|
| Alexander Reinert, Joanna C. Schwartz, James E. Pfander |
NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT |
116 Nw. U. L. Rev. 737 [Northwestern University Law Review] (2021) |
Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines... |
2021 |
|
| Marsha Levick |
NO EXIT: HOW LITIGATION FAILED INCARCERATED YOUTH DURING THE COVID-19 PANDEMIC |
93 Temp. L. Rev. 489 [Temple Law Review] (Spring, 2021) |
As the COVID-19 pandemic swept across the nation, hundreds of thousands of incarcerated individuals, including tens of thousands of youth, were trapped in highly contagious, congregate care correctional facilities that exponentially increased their risk of infection. Incarcerated youth were cut off from family and denied essential, often... |
2021 |
|
| Chinyere Ezie |
NOT YOUR MULE? DISRUPTING THE POLITICAL POWERLESSNESS OF BLACK WOMEN VOTERS |
92 U. Colo. L. Rev. 659 [University of Colorado Law Review] (Summer, 2021) |
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's... |
2021 |
|
| Pamela S. Katz |
NOW SOMETHING FOR THE GLASS HALF-EMPTY CROWD: BOSTOCK v. CLAYTON COUNTY, GEORGIA EXPLAINED |
30 Tul. J. L. & Sexuality 53 [Tulane Journal of Law & Sexuality] (2021) |
I. Introduction. 53 II. Definition of Terms. 55 III. The Decision in Bostock Created some Lasting Problems for Equality Jurisprudence. 61 A. Conflating and Confusing Gender Identity and Sexual Orientation. 62 B. Undermining Efforts to Advance Understanding and Recognition of Gender Identity in All Its Complexity. 66 C. Widening the Frame and Losing... |
2021 |
|
| Pamela S. Katz |
NOW SOMETHING FOR THE GLASS HALF-EMPTY CROWD: BOSTOCK v. CLAYTON COUNTY, GEORGIA EXPLAINED |
30 Tul. J. L. & Sexuality 53 [Tulane Journal of Law & Sexuality] (2021) |
I. Introduction. 53 II. Definition of Terms. 55 III. The Decision in Bostock Created some Lasting Problems for Equality Jurisprudence. 61 A. Conflating and Confusing Gender Identity and Sexual Orientation. 62 B. Undermining Efforts to Advance Understanding and Recognition of Gender Identity in All Its Complexity. 66 C. Widening the Frame and Losing... |
2021 |
|
| Praveen Kosuri, Lynnise Pantin |
NOWHERE TO RUN TO, NOWHERE TO HIDE |
28 Clinical L. Rev. 199 [Clinical Law Review] (Fall, 2021) |
As the COVID-19 global pandemic ravaged the United States, exacerbating the country's existing racial disparities, Black and brown small business owners navigated unprecedented obstacles to stay afloat. Adding even more hardship and challenges, the United States also engaged in a nationwide racial reckoning in the wake of the murder of George Floyd... |
2021 |
|
| Christian Sundquist |
PANDEMIC POLICING |
37 Ga. St. U. L. Rev. 1339 [Georgia State University Law Review] (Summer, 2021) |
C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 |
2021 |
|
| Angela C. Carmella |
PANDEMIC, PROTEST, AND COMMEMORATION: SACRED CIVIC EXPRESSION IN TIMES OF NATIONAL GRIEF |
22 Rutgers J. L. & Religion 20 [Rutgers Journal of Law & Religion] (2021) |
At the service of remembrance on the eve of his inauguration, President Biden said, To heal, we must remember. Our public mourning in times like these, filled with staggering numbers of pandemic deaths and shocking numbers of racial killings, indeed involves remembering the many lives lost. We are in the midst of the cultural task of... |
2021 |
|
| Angela C. Carmella |
PANDEMIC, PROTEST, AND COMMEMORATION: SACRED CIVIC EXPRESSION IN TIMES OF NATIONAL GRIEF |
22 Rutgers J. L. & Religion 20 [Rutgers Journal of Law & Religion] (2021) |
At the service of remembrance on the eve of his inauguration, President Biden said, To heal, we must remember. Our public mourning in times like these, filled with staggering numbers of pandemic deaths and shocking numbers of racial killings, indeed involves remembering the many lives lost. We are in the midst of the cultural task of... |
2021 |
|
| Julia Tedesco |
PARADOX IN PRACTICE: A RECKONING OF THE COMMON LAW'S ANTIQUATED, PREJUDICED FELONY MURDER RULE |
45 Fordham Int'l L.J. 211 [Fordham International Law Journal] (October, 2021) |
I. INTRODUCTION. 212 II. THE GLOBAL RISE AND FALL OF FELONY MURDER. 218 A. Felony Murder's Confusing Nature: Uncertainty of Its Scope in the United Kingdom. 220 B. The Canadian Charter and Constructive Murder: A Supreme Court Segue. 223 III. ISSUES WITH FELONY MURDER IN THE UNITED STATES. 226 A. Unjust Justice: Eliminating Disproportionality Issues... |
2021 |
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PERSPECTIVES ON THE PRACTICE OF LAW IN ARKANSAS: THE EXPERIENCE OF THE AFRICAN-AMERICAN LAWYER |
56-WTR Ark. Law. 14 [Arkansas Lawyer] (Winter, 2021) |
During the summer of 2020, The Arkansas Lawyer's editorial board considered how to bring into focus for Arkansas lawyers the issues underlying the protests following the deaths of George Floyd, Breonna Taylor and others. The panel discussion that follows is the result of that initiative. The editorial board sought panelists with different... |
2021 |
|
| Daniel S. McConkie, Jr. |
PLEA BARGAINING FOR THE PEOPLE |
104 Marq. L. Rev. 1031 [Marquette Law Review] (Summer, 2021) |
Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its... |
2021 |
|
| Kate Levine |
POLICE PROSECUTIONS AND PUNITIVE INSTINCTS |
98 Wash. U. L. Rev. 997 [Washington University Law Review] (2021) |
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time,... |
2021 |
|
| Kate Levine |
POLICE PROSECUTIONS AND PUNITIVE INSTINCTS |
98 Wash. U. L. Rev. 997 [Washington University Law Review] (2021) |
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time,... |
2021 |
|
| Jocelyn Simonson |
POLICE REFORM THROUGH A POWER LENS |
130 Yale L.J. 778 [Yale Law Journal] (February, 2021) |
Scholars and reformers have in recent years begun to imagine new and different configurations for how the state can design policing institutions. These conversations have increased in volume and urgency in response to the 2020 national uprising against police violence, when radical demands born within social movements have gained... |
2021 |
|
| Aya Gruber |
POLICING AND "BLUELINING" |
58 Hous. L. Rev. 867 [Houston Law Review] (Symposium, 2021) |
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... |
2021 |
|
| Aya Gruber |
POLICING AND "BLUELINING" |
58 Hous. L. Rev. 867 [Houston Law Review] (Symposium, 2021) |
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... |
2021 |
|
| Phil Lord |
PORNHUB: OPENING THE FLOODGATES? |
11 HLRe 54 [Houston Law Review: Off the Record] (Spring, 2021) |
Pornhub is facing an existential crisis. Over the next months and perhaps even years, Pornhub will face an unprecedented level of scrutiny. This is Pornhub's moment: its first major foray onto the public scene. However it ends, this crisis will be a decisive moment for the company. Although the crisis is largely of its own making, Pornhub is not... |
2021 |
|
| Erica Braudy , Kim Hawkins |
POWER AND POSSIBILITY IN THE ERA OF RIGHT TO COUNSEL, ROBUST RENT LAWS & COVID-19 |
(28 Geo. J. on Poverty L. & Pol'y 117 [Georgetown Journal on Poverty Law and Policy]) (Winter, 2021) |
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of... |
2021 |
|
| Mirko Bagaric, Dan Hunter, Jennifer Svilar |
PRISON ABOLITION: FROM NAÏVE IDEALISM TO TECHNOLOGICAL PRAGMATISM |
111 J. Crim. L. & Criminology 351 [Journal of Criminal Law and Criminology] (Spring, 2021) |
The United States is finally recoiling from the mass incarceration crisis that has plagued it for half a century. The world's largest incarcerator has seen a small drop in prison numbers since 2008. However, the rate of decline is so slow that it would take half a century for incarceration numbers to reduce to historical levels. Further, the drop... |
2021 |
|
| Nerenda N. Atako |
PRIVACY BEYOND POSSESSION: SOLVING THE ACCESS CONUNDRUM IN DIGITAL DOLLARS |
23 Vand. J. Ent. & Tech. L. 821 [Vanderbilt Journal of Entertainment and Technology Law] (Summer, 2021) |
The advent of a retail central bank digital currency (CBDC) could reshape the US payments system. A retail CBDC would be a digital representation of the US dollar in the form of an account or token that is widely accessible to the general public. It would be a third form of US fiat money that is created and issued by the Federal Reserve and... |
2021 |
|
| Cary Martin Shelby |
PROFITING FROM OUR PAIN: PRIVILEGED ACCESS TO SOCIAL IMPACT INVESTING |
109 Calif. L. Rev. 1261 [California Law Review] (August, 2021) |
Social impacting investing has become the latest trend to permeate the financial markets. With massive anticipated funding gaps for sustainable development goals, and a millennial-driven thirst for doing good while doing well, this trend is likely to continue in the coming decades. This burgeoning industry is poised to experience yet an additional... |
2021 |
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| Alexandria McKenna Lundberg |
PROSECUTING BRIDE KIDNAPPING: THE LAW ISN'T ENOUGH; ALIGNING CULTURAL NORMS WITH THE LAW |
53 Case W. Res. J. Int'l L. 475 [Case Western Reserve Journal of International Law] (Spring, 2021) |
The struggle between cultural and legal norms suggests that more than a change in law is necessary to change cultural practices. If law enforcement is not influenced by existing cultural norms, the law may have little effect in prosecuting bride kidnapping. This Note, focusing on Kyrgyzstan, argues that current legal responses to bride kidnapping... |
2021 |
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