| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| W. Kip Viscusi , Scott Jeffrey |
DAMAGES TO DETER POLICE SHOOTINGS |
2021 U. Ill. L. Rev. 741 [University of Illinois Law Review] (2021) |
Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families... |
2021 |
|
| W. Kip Viscusi , Scott Jeffrey |
DAMAGES TO DETER POLICE SHOOTINGS |
2021 U. Ill. L. Rev. 741 [University of Illinois Law Review] (2021) |
Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families... |
2021 |
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| Russell Stetler |
DEATH PENALTY KEYNOTE: WHY MITIGATION MATTERS, NOW AND FOR THE FUTURE |
61 Santa Clara L. Rev. 699 [Santa Clara Law Review] (2021) |
This Article examines the current state of the death penalty in California and nationally through the lens of mitigation--the empathy-evoking evidence that has been a constitutional requirement to ensure individualized sentencing in the era of the modern American death penalty. It situates the discussion in the context of the extraordinary events... |
2021 |
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| Russell Stetler |
DEATH PENALTY KEYNOTE: WHY MITIGATION MATTERS, NOW AND FOR THE FUTURE |
61 Santa Clara L. Rev. 699 [Santa Clara Law Review] (2021) |
This Article examines the current state of the death penalty in California and nationally through the lens of mitigation--the empathy-evoking evidence that has been a constitutional requirement to ensure individualized sentencing in the era of the modern American death penalty. It situates the discussion in the context of the extraordinary events... |
2021 |
|
| Caleb L. Green |
DEFENDING THE RIGHT TO PROTEST THROUGH INTELLECTUAL PROPERTY LAW |
24-JAN NBA Nat'l B. Ass'n Mag. 18 [NBA National Bar Association Magazine] (January, 2021) |
The death of George Floyd has resulted in a recent international outcry for social and criminal justice reform, sparking a wave of creative protests and artistic expressions. Namely, protestors have embraced non-traditional means to amplify their voices and manifest their right to protest through street murals and related artworks. For example,... |
2021 |
|
| David J. Oliveiri, M.B.A., J.D. |
Defense of good faith in action for damages against law enforcement official under 42 U.S.C.A. § 1983, providing for liability of person who, under color of law, subjects another to deprivation of rights |
61 A.L.R. Fed. 7 (Originally published in 1983) [American Law Reports ALR Federal] (2021) |
Collected and analyzed in this annotation are those cases in which the federal courts have considered questions related to the availability or establishment by law enforcement officials of a defense of good faith in actions seeking damages under 42 U.S.C.A. § 1983, which provides for liability of persons who, under color of law, subject another to... |
2021 |
|
| Mark Goldfeder |
DEFINING ANTISEMITISM |
52 Seton Hall L. Rev. 119 [Seton Hall Law Review] (2021) |
Some people hate Jews. Fine, alright it's been done. I mean, that's part of my problem with it. Could you hate somebody new? -Gary Gulman Antisemitic harassment is illegal, but without a standard definition of what antisemitism includes, that idea is almost meaningless. That is why state legislatures and university administrators across the... |
2021 |
|
| Mark Goldfeder |
DEFINING ANTISEMITISM |
52 Seton Hall L. Rev. 119 [Seton Hall Law Review] (2021) |
Some people hate Jews. Fine, alright it's been done. I mean, that's part of my problem with it. Could you hate somebody new? -Gary Gulman Antisemitic harassment is illegal, but without a standard definition of what antisemitism includes, that idea is almost meaningless. That is why state legislatures and university administrators across the... |
2021 |
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| |
Democrats seek to keep spotlight on Capitol siege |
(4/24/2021) |
Democrats are scrambling to keep the Jan. 6 insurrection in the public eye, pressing Republicans to back a months-long investigation into the deadly rampage that would shine a spotlight on former President Trump's role in the attack. |
2021 |
|
| Katrina Lee |
DISCRIMINATION AS ANTI-ETHICAL: ACHIEVING SYSTEMIC CHANGE IN LARGE LAW FIRMS |
98 Denv. L. Rev. 581 [Denver Law Review] (Spring, 2021) |
As protests calling for racial justice erupted across the country in 2020, many large law firms issued compelling statements acknowledging systemic inequities and bias. During the preceding few decades, firms had already expressed their commitment to diversity, equity, and inclusion; some had launched well-publicized diversity initiatives. Still,... |
2021 |
|
| Bianca Velez |
DO THE POLICE PROTECT AND SERVE ALL PEOPLE IN THE UNITED STATES?: A SURVEY OF THE PROBLEMS WITHIN MODERN POLICING AND SOLUTIONS TO ENSURE THE POLICE PROTECT AND SERVE US ALL |
55 U.S.F. L. Rev. 421 [University of San Francisco Law Review] (2021) |
ON MAY 25TH, 2020, MINNEAPOLIS POLICE responded to a call from a convenience store employee alleging that a Black man named George Floyd had made a purchase with a counterfeit twenty-dollar bill. Four police officers subsequently detained Mr. Floyd, and within seventeen minutes of the first squad car arriving at the scene, Mr. Floyd was handcuffed,... |
2021 |
|
| Bianca Velez |
DO THE POLICE PROTECT AND SERVE ALL PEOPLE IN THE UNITED STATES?: A SURVEY OF THE PROBLEMS WITHIN MODERN POLICING AND SOLUTIONS TO ENSURE THE POLICE PROTECT AND SERVE US ALL |
55 U.S.F. L. Rev. 421 [University of San Francisco Law Review] (2021) |
ON MAY 25TH, 2020, MINNEAPOLIS POLICE responded to a call from a convenience store employee alleging that a Black man named George Floyd had made a purchase with a counterfeit twenty-dollar bill. Four police officers subsequently detained Mr. Floyd, and within seventeen minutes of the first squad car arriving at the scene, Mr. Floyd was handcuffed,... |
2021 |
|
| Corynn Wilson |
DOMESTIC TERRORISM SHOULD BE A CRIME: FIGHTING WHITE SUPREMACIST VIOLENCE LIKE CONGRESS FOUGHT "ANIMAL ENTERPRISE TERRORISM" |
58 Hous. L. Rev. 749 [Houston Law Review] (Winter, 2021) |
White supremacist violence has steadily increased in recent years, leading to hundreds of senseless murders in the United States. The shooting epidemic in the United States has caused cyclical firearm regulation debates and calls to classify the murderers as domestic terrorists. Currently, there is no way to charge mass shooters as domestic... |
2021 |
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| Ana Pajar Blinder |
DON'T (TOWER) DUMP ON FREEDOM OF ASSOCIATION: PROTEST SURVEILLANCE UNDER THE FIRST AND FOURTH AMENDMENTS |
111 J. Crim. L. & Criminology 961 [Journal of Criminal Law and Criminology] (Fall, 2021) |
Government surveillance is ubiquitous in the United States and can range from the seemingly innocuous to intensely intrusive. Recently, the surveillance of protestors--such as those protesting against George Floyd's murder by a police officer--has received widespread attention in the media and in activist circles, but has yet to be successfully... |
2021 |
|
| Jenny B. Davis |
DOUBLE JEOPARDY! |
107-JUL A.B.A. J. 12 [ABA Journal] (June/July, 2021) |
If Who is Zach Newkirk? ever became an answer to a Jeopardy! question, writers for the legendary television quiz show would have plenty of angles to choose from. For example, they could go with this: This Washington, D.C.-based voting rights lawyer, a six-time Jeopardy! champion in 2020, took home nearly $125,000 in winnings. Or this one: This... |
2021 |
|
| Cesar Hernandez-Villanueva |
DRESS CODE AND RELIGIOUS ACCOMMODATIONS THROUGH THE LENSE OF EEOC v. KROGER |
22 Rutgers J. L. & Religion 161 [Rutgers Journal of Law & Religion] (2021) |
Lawson began working for Kroger ten years ago at the deli department, where she worked until her termination two years ago. Lawson's co-worker Rickerd began her employment with Kroger goods around the same time as a cashier and file maintenance clerk, and she worked in these positions until her termination two years ago. Both Rickerd and Lawson... |
2021 |
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| Cesar Hernandez-Villanueva |
DRESS CODE AND RELIGIOUS ACCOMMODATIONS THROUGH THE LENSE OF EEOC v. KROGER |
22 Rutgers J. L. & Religion 161 [Rutgers Journal of Law & Religion] (2021) |
Lawson began working for Kroger ten years ago at the deli department, where she worked until her termination two years ago. Lawson's co-worker Rickerd began her employment with Kroger goods around the same time as a cashier and file maintenance clerk, and she worked in these positions until her termination two years ago. Both Rickerd and Lawson... |
2021 |
|
| M. L. Cross |
Eligibility of women as jurors |
157 A.L.R. 461 (Originally published in 1945) [American Law Reports ALR] (2021) |
The reported case for this annotation is State v. Emery, 224 N.C. 581, 31 S.E.2d 858, 157 A.L.R. 441 (1944). |
2021 |
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| Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs |
ENVIRONMENTAL LAW, DISRUPTED BY COVID-19 |
51 Envtl. L. Rep. (ELI) 10509 [Environmental Law Reporter (ELI)] (June, 2021) |
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing... |
2021 |
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| Kathleen Y. Murray |
EXPLORING A "NECESSARY STANDARD" FOR THE USE OF EXCESSIVE, DEADLY FORCE BY LAW ENFORCEMENT: A FLAWED SOLUTION WITH POSITIVE POTENTIAL |
52 U. Tol. L. Rev. 397 [University of Toledo Law Review] (Summer, 2021) |
The foundation of a law enforcement agency funded by taxpayer dollars is based on an inherent agreement: The people who pay their wages do so for the good of the community, and from that transaction they expect a certain level of professionalism, efficacy, and accountability from the police. When the social contract between police and society... |
2021 |
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| |
FACEBOOK, INC. |
SEC No Action Ltrs. WSB File No. 0329202119 [SEC No Action Letters] (2021) |
WSB File No. 0329202119 WSB Subject Category: 77 Public Availability Date: March 26, 2021. Prepared By: Davis Polk References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ January 11, 2021 Re: Stockholder proposal of National Center for Public Policy Research Pursuant... |
2021 |
|
| Andrew Guthrie Ferguson |
FACIAL RECOGNITION AND THE FOURTH AMENDMENT |
105 Minn. L. Rev. 1105 [Minnesota Law Review] (February, 2021) |
Introduction. 1106 I. Facial Recognition Technology. 1109 A. The Technology. 1110 B. Police Use of Facial Recognition Technology. 1115 1. Face Surveillance. 1116 2. Face Identification. 1119 3. Face Tracking. 1122 4. Non-Law Enforcement Purposes. 1124 II. The Fourth Amendment and the Privacy Problem of Facial Recognition. 1126 A. Pre-Digital Face... |
2021 |
|
| William Covington |
FOREWORD |
30 Wash. Int'l L.J. viii [Washington International Law Journal] (March, 2021) |
It is my privilege to introduce the Washington International Law Journal's winter quarter symposium. This publication presents six articles exploring past and present injustices, their operation, and possible solutions. What makes this issue special is its range. This special issue begins with Erika George, Jena Martin, and Tara Van Ho sharing... |
2021 |
|
| Co-Dean David Lopez |
FOREWORD |
72 Rutgers U. L. Rev. 1265 [Rutgers University Law Review] (Winter, 2021) |
That everything you see will soon alter and cease to exist. Think of how many changes you have already seen. The world is nothing but change. -Marcus Aurelius The general laws of migration hold that the greater the obstacles and the farther the distance traveled, the more ambitious the migrants. -Isabel Wilkerson History will have to record... |
2021 |
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| T. Alexander Aleinikoff |
FOREWORD TO THE REPUBLICATION OF THE CONSTITUTION IN CONTEXT: THE CONTINUING SIGNIFICANCE OF RACISM |
92 U. Colo. L. Rev. 1315 [University of Colorado Law Review] (Special Issue 2021) |
It is disturbing--to say the least--that an article written nearly three decades ago based on an assertion of the continuing existence of racism in the United States can be seen as meriting republication, not for its historical interest but because of its current relevance. The article began with descriptions of the brutal murder of Emmet Till in... |
2021 |
|
| T. Alexander Aleinikoff |
FOREWORD TO THE REPUBLICATION OF THE CONSTITUTION IN CONTEXT: THE CONTINUING SIGNIFICANCE OF RACISM |
92 U. Colo. L. Rev. 1315 [University of Colorado Law Review] (Special Issue 2021) |
It is disturbing--to say the least--that an article written nearly three decades ago based on an assertion of the continuing existence of racism in the United States can be seen as meriting republication, not for its historical interest but because of its current relevance. The article began with descriptions of the brutal murder of Emmet Till in... |
2021 |
|
| Megan Armstrong |
FROM LYNCHING TO CENTRAL PARK KAREN: HOW WHITE WOMEN WEAPONIZE WHITE WOMANHOOD |
32 Hastings Women's L.J. 27 [Hastings Women's Law Journal] (Winter, 2021) |
In recent years, we have seen an influx of Karens and otherwise nicknamed white women gain infamy on the internet. Though sometimes the behavior of these women is innocuous and merely entitled, the pejorative nickname Karen has also become a term for white women engaging in racist behavior. A typical scenario involves a white woman calling the... |
2021 |
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| Dr. Donald F. Tibbs |
FROM TIKTOK TO RACIAL VIOLENCE: ANTI-BLACKNESS IN THE GENDERED SPHERE |
33 St. Thomas L. Rev. 198 [Saint Thomas Law Review] (Spring, 2021) |
The impact of Covid-19 on racial and social consciousness during 2020 was significant. While much of the world was in social incapacitation, we passed the time by tuning into our televisions and social devices. The local and national news told stories of the rising number of deaths lost to the virus. Particularly hard hit by the virus were people... |
2021 |
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| Amber Joy Powell , Michelle S. Phelps |
GENDERED RACIAL VULNERABILITY: HOW WOMEN CONFRONT CRIME AND CRIMINALIZATION |
55 Law & Soc'y Rev. 429 [Law and Society Review] (September, 2021) |
Prior research illustrates how race-class subjugated communities are over-policed and under-protected, producing high rates of victimization by other community members and the police. Yet few studies explore how gender and race structure dual frustration, despite a long line of Black feminist scholarship on the interpersonal, gender-based, and... |
2021 |
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