| Author | Title | Citation | Summary | Year | Relevancy |
| Raymond H. Brescia |
SOCIAL CHANGE AND THE ASSOCIATIONAL SELF: PROTECTING THE INTEGRITY OF IDENTITY AND DEMOCRACY IN THE DIGITAL AGE |
125 Penn St. L. Rev. 773 [Penn State Law Review] (Spring, 2021) |
Our individual and collective identity is reflected in our desires, our affiliations, our political choices, and the social movements in which we participate. This identity plays a central role in the enterprise of collective meaning-making, the realization of self-determination, the creation of social capital and societal trust, and the bringing... |
2021 |
|
| Charles J. Reid Jr. |
SOVEREIGNTY IN A GLOBALIZING, FRAGMENTING WORLD |
17 U. St. Thomas L.J. 481 [University of Saint Thomas Law Journal] (Fall, 2021) |
It was already clear in the summer and fall of 2019, when planning for this symposium commenced, that the world order was facing strains not seen since perhaps some of the darker moments of the Cold War. It was also apparent that the fault lines along which these strains moved fit beneath three rubrics: sovereignty, globalizing (or globalization),... |
2021 |
|
| Dallan F. Flake |
SPECTATOR HARASSMENT |
56 Wake Forest L. Rev. 441 [Wake Forest Law Review] (2021) |
Instances of spectators harassing professional athletes because of their race, color, religion, sex, or national origin are well documented. This is not a new problem, but it is becoming worse in this age of emboldened bigotry. Fans are sometimes punished for such behavior, as are players who retaliate in response. Meanwhile, the teams and leagues... |
2021 |
|
| Dallan F. Flake |
SPECTATOR HARASSMENT |
56 Wake Forest L. Rev. 441 [Wake Forest Law Review] (2021) |
Instances of spectators harassing professional athletes because of their race, color, religion, sex, or national origin are well documented. This is not a new problem, but it is becoming worse in this age of emboldened bigotry. Fans are sometimes punished for such behavior, as are players who retaliate in response. Meanwhile, the teams and leagues... |
2021 |
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| |
SYMPOSIUM TRANSCRIPT |
33 St. Thomas L. Rev. 107 [Saint Thomas Law Review] (Spring, 2021) |
The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law. Daniel Gabuardi: Good morning everyone, and welcome to the St. Thomas Law Review Symposium on Race and Policing in America. My name is Daniel Gabuardi, I am the Law Review Article Solicitation Editor and Host... |
2021 |
|
| Jalila Jefferson-Bullock, Jelani Jefferson Exum |
THAT IS ENOUGH PUNISHMENT: SITUATING DEFUNDING THE POLICE WITHIN ANTIRACIST SENTENCING REFORM |
48 Fordham Urb. L.J. 625 [Fordham Urban Law Journal] (March, 2021) |
Introduction: Understanding Calls to Defund the Police. 626 I. Policing in the United States: Systemic Racism, Racial Trauma, and the Need to Rebuild Democracy. 631 A. U.S. Policing Is Systemically Racist. 632 i. The Racist Roots of Policing. 632 ii. Police Funding Is Systemically Racist. 633 B. Policing and Racial Trauma. 636 i. Background... |
2021 |
|
| Osamudia James |
THE "INNOCENCE" OF BIAS |
119 Mich. L. Rev. 1345 [Michigan Law Review] (April, 2021) |
Biased: Uncovering the Hidden Prejudice that Shapes What We See, Think, and Do. By Jennifer L. Eberhardt. New York: Viking. 2019. Pp. 340. Cloth, $28; paper, $18. It's simple to explain, but not so easy to see or to rectify. --Eberhardt, p. 279. If multiculturalism was central to the progressive zeitgeist of the 1990s, unconscious bias was the same... |
2021 |
|
| David Schultz |
THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA |
39 Minn. J. L. & Ineq. 571 [Minnesota Journal of Law & Inequality] (2021) |
The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... |
2021 |
|
| David Schultz |
THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA |
39 Minn. J. L. & Ineq. 571 [Minnesota Journal of Law & Inequality] (2021) |
The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... |
2021 |
|
| David Schultz |
THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA |
47 Mitchell Hamline L. Rev. 203 [Mitchell Hamline Law Review] (November, 2021) |
The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... |
2021 |
|
| Carla F. Fredericks |
THE (INDIGENOUS) CASE FOR SHAREHOLDER PRIMACY AND ITS ROLE IN CLIMATE JUSTICE |
134 Harv. L. Rev. F. 340 [Harvard Law Review Forum] (April, 2021) |
In 1970, Milton Friedman published his now-infamous essay, arguing that the purpose of a corporation is to produce value for its investors. Articulating what is now known as the Friedman doctrine, or shareholder primacy, his essay argued that companies do not have social responsibilities to the public; instead, the responsibility of a company is to... |
2021 |
|
| Fady. J.G. Aoun |
THE BELATED AWAKENING OF THE PUBLIC SPHERE TO RACIST BRANDING AND RACIST STEREOTYPES IN TRADEMARKS |
61 IDEA: L. Rev. Franklin Pierce Center for Intell. Prop. 545 [IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property] (2021) |
*Readers are advised that this Article contains highly offensive, demeaning, and derogatory representations of Indigenous Australians, Native Americans, Black and ethnic minorities. While these may cause serious offense, they have been included here to provide a more accurate account of the racist trademarks and racist branding circulating in... |
2021 |
|
| Fady. J.G. Aoun |
THE BELATED AWAKENING OF THE PUBLIC SPHERE TO RACIST BRANDING AND RACIST STEREOTYPES IN TRADEMARKS |
61 IDEA: L. Rev. Franklin Pierce Center for Intell. Prop. 545 [IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property] (2021) |
*Readers are advised that this Article contains highly offensive, demeaning, and derogatory representations of Indigenous Australians, Native Americans, Black and ethnic minorities. While these may cause serious offense, they have been included here to provide a more accurate account of the racist trademarks and racist branding circulating in... |
2021 |
|
| Shelley Welton |
THE BOUNDS OF ENERGY LAW |
62 B.C. L. Rev. 2339 [Boston College Law Review] (October, 2021) |
Introduction. 2341 I. A Materialist Account of the Field and Its Failings. 2347 A. New Energy Sources and Uses Emerge: 1850-1930. 2348 B. New Deal Legal Gap-Filling and the Mid-Century Détente: 1930-1970. 2353 C. The (Partial) Collapse of the Consensus: 1970-2000. 2357 D. 1990s--2020: Energy Law Meets Climate Change, First Generation. 2361 II. The... |
2021 |
|
| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 Calif. L. Rev. 1959 [California Law Review] (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
|
| Robert M. Bloom , Nina Labovich |
THE CHALLENGE OF DETERRING BAD POLICE BEHAVIOR: IMPLEMENTING REFORMS THAT HOLD POLICE ACCOUNTABLE |
71 Case W. Res. L. Rev. 923 [Case Western Reserve Law Review] (Spring, 2021) |
Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary; however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines... |
2021 |
|
| Timothy Zick |
THE COSTS OF DISSENT: PROTEST AND CIVIL LIABILITIES |
89 Geo. Wash. L. Rev. 233 [George Washington Law Review] (March, 2021) |
This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest... |
2021 |
|
| Sara E. Yates |
THE DIGITIZATION OF THE CARCERAL STATE: THE TROUBLING NARRATIVE AROUND POLICE USAGE OF FACIAL RECOGNITION TECHNOLOGY |
19 Colo. Tech. L.J. 483 [Colorado Technology Law Journal] (Summer, 2021) |
The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse This Note applies a racial social control frame to the problem of facial recognition technology (FRT), showing how this technology may entrench preexisting inequalities and disparate treatment of people of color by law enforcement. Police usage of FRT... |
2021 |
|
| Maryam Jamshidi |
THE DISCRIMINATORY EXECUTIVE AND THE RULE OF LAW |
92 U. Colo. L. Rev. 77 [University of Colorado Law Review] (Winter, 2021) |
Today, the executive enjoys unprecedented power, particularly in the area of national security. By and large, this authority is not meaningfully restrained by Congress or the courts. However, some scholars argue that the presidency is still kept in check by the rule of law and politics. According to this view, substantive and procedural laws and... |
2021 |
|
| Janel A. George |
THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION |
22 Rutgers Race & L. Rev. 189 [Rutgers Race & the Law Review] (2021) |
Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... |
2021 |
|
| Janel A. George |
THE END OF "PERFORMATIVE SCHOOL DESEGREGATION": REIMAGINING THE FEDERAL ROLE IN DISMANTLING SEGREGATED EDUCATION |
22 Rutgers Race & L. Rev. 189 [Rutgers Race & the Law Review] (2021) |
Research demonstrates that current trends of racial segregation in public education rival rates that preceded the Brown v. Board of Education ruling. The social and economic consequences of segregation are profound. Although these consequences are well known, little has been done to dismantle school segregation. While federal courts have espoused... |
2021 |
|
| Andrew Lanham |
THE GEOPOLITICS OF AMERICAN POLICING |
119 Mich. L. Rev. 1411 [Michigan Law Review] (April, 2021) |
Badges Without Borders: How Global Counterinsurgency Transformed American Policing. By Stuart Schrader. Oakland: University of California Press. 2019. Pp. xi, 393. Cloth, $85; paper, $29.95 On July 9, 2016, Jonathan Bachman, a freelance photographer for Reuters, snapped a photograph of Ieshia Evans, a nurse from Pennsylvania, as she confronted the... |
2021 |
|
| Tatiana Hyman |
THE HARMS OF RACIST ONLINE HATE SPEECH IN THE POST-COVID WORKING WORLD: EXPANDING EMPLOYEE PROTECTIONS |
89 Fordham L. Rev. 1553 [Fordham Law Review] (March, 2021) |
In one year, the COVID-19 pandemic and egregious incidents of racial violence have created significant shifts in the United States's workplace culture and social climate. Many employers are transitioning employees to long-term or permanent remote work, and conversations about racial justice are more pervasive and divisive, especially on social... |
2021 |
|
| Zinaida Miller |
THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY |
52 Colum. Hum. Rts. L. Rev. 647 [Columbia Human Rights Law Review] (Winter, 2021) |
Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... |
2021 |
|
| Nadine Strossen |
THE INTERDEPENDENCE OF RACIAL JUSTICE AND FREE SPEECH FOR RACISTS |
1 J. Free Speech L. 51 [Journal of Free Speech Law] (2021) |
The ACLU is committed to the fundamental rights to equality and justice embodied in the Fourteenth Amendment and civil rights laws .. We are determined to fight racism in all its forms .. We are also firmly committed to fighting bigotry and oppression against other marginalized groups .. And the ACLU understands that speech that denigrates such... |
2021 |
|
| Nadine Strossen |
THE INTERDEPENDENCE OF RACIAL JUSTICE AND FREE SPEECH FOR RACISTS |
[Journal of Free Speech Law] (2021) |
The ACLU is committed to the fundamental rights to equality and justice embodied in the Fourteenth Amendment and civil rights laws .. We are determined to fight racism in all its forms .. We are also firmly committed to fighting bigotry and oppression against other marginalized groups .. And the ACLU understands that speech that denigrates such... |
2021 |
|
| Kenneth R. Davis |
THE INVISIBLE BAN: NEGLIGENT DISPARATE IMPACT |
70 Am. U. L. Rev. 1879 [American University Law Review] (August, 2021) |
Title VII provides two primary anti-discrimination theories: disparate treatment and disparate impact. Disparate-treatment law prohibits intentional employment discrimination against a member of a protected class. Disparate-impact law imposes strict liability on employers for using facially neutral employment practices that have a... |
2021 |
|
| Ion Meyn |
THE INVISIBLE RULES THAT GOVERN USE OF FORCE |
2021 Wis. L. Rev. 593 [Wisconsin Law Review] (2021) |
Police departments reject the idea that use of force can be governed by hard and fast rules. Under this rule-resistant view, using rules to regulate use of force would be dangerous and in practice impossible, as officers must retain broad discretion to respond to ever-changing conditions in the field. Despite the prevalence of this view, the... |
2021 |
|
| Ion Meyn |
THE INVISIBLE RULES THAT GOVERN USE OF FORCE |
2021 Wis. L. Rev. 593 [Wisconsin Law Review] (2021) |
Police departments reject the idea that use of force can be governed by hard and fast rules. Under this rule-resistant view, using rules to regulate use of force would be dangerous and in practice impossible, as officers must retain broad discretion to respond to ever-changing conditions in the field. Despite the prevalence of this view, the... |
2021 |
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| Courtney Hinkle |
THE MODERN LIE DETECTOR: AI-POWERED AFFECT SCREENING AND THE EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA) |
109 Geo. L.J. 1201 [Georgetown Law Journal] (April, 2021) |
Predictive algorithms are increasingly being used to screen and sort the modern workforce. The delegation of hiring decisions to AI-powered software systems, however, will have a profound impact on the privacy of individuals. This Note builds on the foundational work of legal scholars studying the growing trend of algorithmic decisionmaking in... |
2021 |
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