AuthorTitleCitationSummaryYearRelevancy
  QUALIFIED IMMUNITY--OBVIOUSNESS STANDARD-- TAYLOR v. RIOJAS 135 Harv. L. Rev. 421 [Harvard Law Review] (November, 2021) Qualified immunity protects government officers from being sued for damages unless they have violated clearly established law. Following the high-profile police killings of spring 2020, more eyes have turned to holding officers accountable and the ways in which legal doctrines like qualified immunity prevent that from happening. Qualified... 2021  
Stewart Chang , Frank Rudy Cooper , Addie C. Rolnick RACE AND GENDER AND POLICING 21 Nev. L.J. 885 [Nevada Law Journal] (Spring, 2021) C1-2Table of Contents Introduction. 885 I. Unrest and the Question of Looting. 891 II. The Black Perspective on Looting. 898 III. Policing, Property, and White Patriarchy. 904 A. Christian Cooper: White Caller Crime. 905 B. Jannie Ligons: The Sexual Non-Privilege of Black Women. 910 C. Sandra Bland and Elijah Taylor: Suspicion, Policing, and the... 2021  
Shaun L. Gabbidon, Ph.D. RACE, CRIME, AND THE LAW: A SOCIOHISTORICAL ANALYSIS 47 Ohio N.U. L. Rev. 585 [Ohio Northern University Law Review] (2021) I have been researching and teaching the topic of race and crime for more than twenty-five years. During this period, a few things have become increasingly clear: First, students and the general public are woefully ignorant of the historical and significant role racism plays in criminal justice system outcomes. Second, students and the general... 2021  
Shaun L. Gabbidon, Ph.D. RACE, CRIME, AND THE LAW: A SOCIOHISTORICAL ANALYSIS 47 Ohio N.U. L. Rev. 585 [Ohio Northern University Law Review] (2021) I have been researching and teaching the topic of race and crime for more than twenty-five years. During this period, a few things have become increasingly clear: First, students and the general public are woefully ignorant of the historical and significant role racism plays in criminal justice system outcomes. Second, students and the general... 2021  
Joshua S. Sellers RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY 169 U. PA. L. Rev. Online 167 [University of Pennsylvania Law Review Online] (2021) Introduction. 167 I. The Range of Racial Reforms. 170 II. Law of Democracy Scholarship and Black Equity. 176 Conclusion. 185 2021  
Joshua S. Sellers RACE, RECKONING, REFORM, AND THE LIMITS OF THE LAW OF DEMOCRACY 169 U. PA. L. Rev. Online 167 [University of Pennsylvania Law Review Online] (2021) Introduction. 167 I. The Range of Racial Reforms. 170 II. Law of Democracy Scholarship and Black Equity. 176 Conclusion. 185 2021  
Melissa Murray RACE-ING ROE: REPRODUCTIVE JUSTICE, RACIAL JUSTICE, AND THE BATTLE FOR ROE v. WADE 134 Harv. L. Rev. 2025 [Harvard Law Review] (April, 2021) C1-2CONTENTS Introduction. 2027 I. Race and Reproduction Before and After Roe. 2031 A. Race-ing Reproduction: From Slavery to the Birth Control Movement. 2033 1. Slavery and Reproduction. 2033 2. The Racial Politics of Abortion Criminalization. 2034 3. The Racial Politics of the Eugenics Movement. 2036 4. Race, Eugenics, and the Birth Control... 2021  
Yu Du RACIAL BIAS STILL EXISTS IN CRIMINAL JUSTICE SYSTEM? A REVIEW OF RECENT EMPIRICAL RESEARCH 37 Touro L. Rev. 79 [Touro Law Review] (2021) The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit... 2021  
Yu Du RACIAL BIAS STILL EXISTS IN CRIMINAL JUSTICE SYSTEM? A REVIEW OF RECENT EMPIRICAL RESEARCH 37 Touro L. Rev. 79 [Touro Law Review] (2021) The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit... 2021  
Eldar Haber RACIAL RECOGNITION 43 Cardozo L. Rev. 71 [Cardozo Law Review] (October, 2021) C1-2Table of Contents Introduction. 72 I. Technology's Growing Role in Criminal Enforcement. 75 A. Criminal Enforcement and Technological Innovation. 75 B. Biometrics, Recognition Technology, and Criminal Enforcement. 79 II. Racial Recognition Threats. 89 A. Bias and Racism Within Recognition Technology. 89 B. Racial Recognition Within Criminal... 2021  
I. India Thusi REALITY PORN 96 N.Y.U. L. Rev. 738 [New York University Law Review] (June, 2021) Prostitution is illegal while pornography is constitutionally protected. Modern technology, however, is complicating the relationship between prostitution and pornography. Recent technological advances make the creation and distribution of recorded material more accessible. Within our smart phones we carry agile distribution networks as well as the... 2021  
John Taschner RECAPTURING DEMOCRACY: COVID-19 AND THE 2020 PRESIDENTIAL ELECTION 48 Hastings Const. L.Q. 461 [Hastings Constitutional Law Quarterly] (Spring, 2021) There is a way to reach out [across partisan divide] and not be a sap. There is a way of consistently offering the possibility of cooperation. - Barack Obama America is in the business of selling and maintaining democracy around the world. Through aid, provision, humanitarian relief, guidance, and forcible action if need be, the United States... 2021  
Jasmine E. Harris RECKONING WITH RACE AND DISABILITY 130 Yale L.J. Forum 916 [Yale Law Journal Forum] (6/30/2021) Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient sociopolitical issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely... 2021  
Erika George , Jena Martin , Tara Van Ho RECKONING: A DIALOGUE ABOUT RACISM, ANTIRACISTS, AND BUSINESS & HUMAN RIGHTS 30 Wash. Int'l L.J. 171 [Washington International Law Journal] (March, 2021) Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights.... 2021  
Timothy Casey REFLECTIONS ON LEGAL EDUCATION IN THE AFTERMATH OF A PANDEMIC 28 Clinical L. Rev. 85 [Clinical Law Review] (Fall, 2021) This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 39 Minn. J. L. & Ineq. 511 [Minnesota Journal of Law & Inequality] (2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 39 Minn. J. L. & Ineq. 511 [Minnesota Journal of Law & Inequality] (2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 47 Mitchell Hamline L. Rev. 138 [Mitchell Hamline Law Review] (November, 2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
Yeva Mikaelyan REIMAGINING CONTENT MODERATION: SECTION 230 AND THE PATH TO INDUSTRY-GOVERNMENT COOPERATION 41 Loy. L.A. Ent. L. Rev. 179 [Loyola of Los Angeles Entertainment Law Review] (2020-2021) In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer,... 2021  
Yeva Mikaelyan REIMAGINING CONTENT MODERATION: SECTION 230 AND THE PATH TO INDUSTRY-GOVERNMENT COOPERATION 41 Loy. L.A. Ent. L. Rev. 179 [Loyola of Los Angeles Entertainment Law Review] (2020-2021) In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer,... 2021  
Henry J. Richardson III RESCUING HUMAN RIGHTS: A RADICALLY MODERATE APPROACH. BY HURST HANNUM. CAMBRIDGE, UK: CAMBRIDGE UNIVERSITY PRESS, 2019. PP. XX, 223. INDEX 115 Am. J. Int'l L. 154 [American Journal of International Law] (January, 2021) Rescuing Human Rights: A Radically Moderate Approach (Rescuing) was published shortly before the outbreak in 2020 of the novel coronavirus and its myriad human rights and class issues regarding equality, discrimination, health, and labor rights of people of color. This was also prior to the concurrent public murder of George Floyd as an unarmed... 2021  
Jonathan Andrew Perez RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM 24 J. Gender Race & Just. 87 [Journal of Gender, Race and Justice] (Spring, 2021) I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... 2021  
  Ron Johnson faces criticism over 'racist' remarks about Capitol riot (3/14/2021) Sen. Ron Johnson (R-Wis.) is facing criticism for remarks about the Jan. 6 attack on the U.S. Capitol that at least one lawmaker in his home state called racist."" 2021  
Christian M. Velez-Vargas, Angela C. Carmella RUTGERS JOURNAL OF LAW & RELIGION THIRTEENTH ANNUAL DONALD C. CLARK, JR. SYMPOSIUM ZOOM CONFERENCE CALL 22 Rutgers J. L. & Religion 1 [Rutgers Journal of Law & Religion] (2021) Christian M. Velez-Vargas (Editor-in-Chief) Angela C. Carmella (Professor of Law, Seton Hall University School of Law) Transcript April 13, 2021 at 6:03 PM EST MR. VELEZ-VARGAS: Good evening and welcome to the 13th Annual Donald C. Clark, Jr. Program in Law & Religion. My name is Christian Velez-Vargas, and I am the Editor-in-Chief for the Rutgers... 2021  
Christian M. Velez-Vargas, Angela C. Carmella RUTGERS JOURNAL OF LAW & RELIGION THIRTEENTH ANNUAL DONALD C. CLARK, JR. SYMPOSIUM ZOOM CONFERENCE CALL 22 Rutgers J. L. & Religion 1 [Rutgers Journal of Law & Religion] (2021) Christian M. Velez-Vargas (Editor-in-Chief) Angela C. Carmella (Professor of Law, Seton Hall University School of Law) Transcript April 13, 2021 at 6:03 PM EST MR. VELEZ-VARGAS: Good evening and welcome to the 13th Annual Donald C. Clark, Jr. Program in Law & Religion. My name is Christian Velez-Vargas, and I am the Editor-in-Chief for the Rutgers... 2021  
Dr. Mary O'Rawe SAFETY INSIDE AND OUT: WHY INTERNATIONAL HUMAN RIGHTS STANDARDS FAIL TO CURB THE WORST EXCESSES OF POLICE POLICIES AND PRACTICES 49 Ga. J. Int'l & Comp. L. 307 [Georgia Journal of International and Comparative Law] (Spring, 2021) C1-2Table of Contents I. Introduction. 308 II. Conclusion. 320 2021  
Jeanelly Nuñez SCANNING FOR BIAS: A NEUROSCIENTIFIC RESPONSE TO POLICING WITH IMPLICIT BIAS 27 Cardozo J. Equal Rts. & Soc. Just. 295 [Cardozo Journal of Equal Rights & Social Justice] (Spring, 2021) C1-2Table of Contents I. Introduction. 296 II. Numbers Do Not Lie--Statistical Data on Racial Disparities. 298 A. Am I Next? Likelihood that Victims to Fatal Police Violence are Men of Color. 298 B. Examining Drug Arrest Numbers for Minorities Compared to White People. 299 C. Driving While Black and Terry v. Ohio. 300 D. Minorites Make Up the... 2021  
Thalia González , Emma Kaeser SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE 74 SMU L. Rev. Forum 118 [SMU Law Review Forum] (August, 2021) Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... 2021  
Noah C. Chauvin SHADOWBOXING WITH FREE SPEECH PRINCIPLES: AGAINST FREE SPEECH. BY ANTHONY LEAKER. LANHAM, M.D.: ROWMAN & LITTLEFIELD PUBLISHERS. 2020. PP. 128. PAPERBACK. $19.95 73 S.C. L. Rev. 175 [South Carolina Law Review] (Autumn, 2021) I. Introduction. 175 II. The Book. 176 III. The Critique. 180 IV. Conclusion. 188 2021  
Trust Kupupika SHAPING OUR FREEDOM DREAMS: RECLAIMING INTERSECTIONALITY THROUGH BLACK FEMINIST LEGAL THEORY 107 Va. L. Rev. Online 27 [Virginia Law Review Online] (January, 2021) Black feminist legal theory has offered the tool of intersectionality to modern feminist movements to help combat interlocking systems of oppression. Despite this tremendous offering, intersectionality has become wholly divorced from its Black feminist origins. This is significant because without a deep engagement with Black feminist legal theory,... 2021  
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