| Author | Title | Citation | Summary | Year | Key Terms |
| Gregory P. Magarian |
KENT STATE AND THE FAILURE OF FIRST AMENDMENT LAW |
65 Wash. U. J.L. & Pol'y 41 [Washington University Journal of Law & Policy] (2021) |
Since the U.S. Supreme Court decided its first free speech case 100 years ago, two very different eras have defined First Amendment law. For a half century, before 1970, the Supreme Court focused on protecting the expressive freedom of political dissidents and social reformers. In 1970, amid protests against the Vietnam War, the Ohio National Guard... |
2021 |
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| Fareed Nassor Hayat |
KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS |
69 UCLA L. Rev. Discourse 18 [UCLA Law Review Discourse] (2021) |
The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... |
2021 |
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| Fareed Nassor Hayat |
KILLING DUE PROCESS: DOUBLE JEOPARDY, WHITE SUPREMACY AND GANG PROSECUTIONS |
69 UCLA L. Rev. Discourse 18 [UCLA Law Review Discourse] (2021) |
The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense. Read plainly, a person cannot be tried or punished more than once for a single crime. Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal... |
2021 |
|
| Trevor George Gardner |
LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP PRESIDENCY |
73 Stan. L. Rev. Online 141 [Stanford Law Review Online] (June, 2021) |
This Essay scrutinizes the feuding between the Trump White House and various federal law enforcement agencies, concurrent with criminal lawbreaking in the Trump Administration, in an effort to extend scholarly understanding of the relationship between law-and-order politics and popular regard for rule-of-law principles. Sociolegal... |
2021 |
|
| Keith J. Bybee |
LAW AND/OR/AS CIVILITY |
17 Ann. Rev. L. & Soc. Sci. 1 [Annual Review of Law and Social Science] (2021) |
civility, norms, rule of law, free speech, hypocrisy, democracy The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify the norms of governance with the rule of law, and if we consider the norms of everyday... |
2021 |
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| Keith J. Bybee |
LAW AND/OR/AS CIVILITY |
17 Ann. Rev. L. & Soc. Sci. 1 [Annual Review of Law and Social Science] (2021) |
civility, norms, rule of law, free speech, hypocrisy, democracy The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify the norms of governance with the rule of law, and if we consider the norms of everyday... |
2021 |
|
| Distinguished Panelists |
LAW, SOCIAL JUSTICE, WOKENESS AND THE PROTESTS: WHERE DO WE GO FROM HERE? |
33 Regent U. L. Rev. 315 [Regent University Law Review] (2020-2021) |
Hon. Kenneth Lee: Good morning, or good afternoon, wherever you may be. My name is Ken Lee, and I sit on the U.S. Court of Appeals for the Ninth Circuit. I will be moderating the first showcase panel, Law, Social Justice, Wokeness and the Protests: Where Do We Go From Here? This is obviously a very timely topic, and today we are privileged to... |
2021 |
|
| Distinguished Panelists |
LAW, SOCIAL JUSTICE, WOKENESS AND THE PROTESTS: WHERE DO WE GO FROM HERE? |
33 Regent U. L. Rev. 315 [Regent University Law Review] (2020-2021) |
Hon. Kenneth Lee: Good morning, or good afternoon, wherever you may be. My name is Ken Lee, and I sit on the U.S. Court of Appeals for the Ninth Circuit. I will be moderating the first showcase panel, Law, Social Justice, Wokeness and the Protests: Where Do We Go From Here? This is obviously a very timely topic, and today we are privileged to... |
2021 |
|
| Deborah L. Rhode |
LEADERSHIP IN TIMES OF SOCIAL UPHEAVAL: LESSONS FOR LAWYERS |
73 Baylor L. Rev. 67 [Baylor Law Review] (Winter, 202 (Winter, 2021)1) |
This article explores the leadership challenges that arose in the wake of the 2020 COVID-19 pandemic and the widespread protests following the killing of an unarmed Black man, George Floyd. Lawyers have been key players in both crises, as politicians, general counsel, and leaders of protest movements, law firms, bar associations, and law... |
2021 |
|
| Mirko Bagaric , Peter Isham , Jennifer Svilar , Theo Alexander |
LESS PRISON TIME MATTERS: A ROADMAP TO REDUCING THE DISCRIMINATORY IMPACT OF THE SENTENCING SYSTEM AGAINST AFRICAN AMERICANS AND INDIGENOUS AUSTRALIANS |
37 Ga. St. U. L. Rev. 1405 [Georgia State University Law Review] (Summer, 2021) |
The criminal justice system discriminates against African Americans. There are a number of stages of the criminal justice process. Sentencing is the sharp end of the system because this is where the community acts in its most coercive manner by intentionally inflecting hardships on offenders. African Americans comprise approximately 40% of the... |
2021 |
|
| Julia E. Paranyuk |
LESSONS FROM THE MILITARY ON REFORMING POLICE DISCIPLINE |
96 N.Y.U. L. Rev. 1675 [New York University Law Review] (November, 2021) |
In recent years, there has been significant public debate concerning policing in the United States. Current events and recurring instances of police brutality have drawn attention to police misconduct and reinvigorated calls for systemic reforms to policing and police discipline. While there is a growing consensus in the United States among... |
2021 |
|
| Raymond H. Brescia |
LESSONS FROM THE PRESENT: THREE CRISES AND THEIR POTENTIAL IMPACT ON THE LEGAL PROFESSION |
49 Hofstra L. Rev. 607 [Hofstra Law Review] (Spring, 2021) |
The United States faces three simultaneous crises: a pandemic, a civil rights reckoning, and a crisis of democracy. The first of these crises has sparked dramatic--though potentially temporary--changes to the practice of law: moving much legal work to remote settings almost overnight, after the profession had largely resisted making such... |
2021 |
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LOR/WH REPORT LETTER LETTER NO. 1278 ISSUE NO. 2183 |
Labor & Empl. L. 1601116 [Labor & Employment Law] (2021) |
Medical imaging company violated NLRA by refusing to bargain Media-contact provision in Tesla confidentiality agreement unlawfully barred employee contact with media Winery violated NLRA by banning employee's Cellar Lives Matter vest Employer went through the motions of collective bargaining, but had no real intention of reaching... |
2021 |
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Marjorie Taylor Greene introduces bill to award Congressional Gold Medal to Rittenhouse |
(11/24/2021) |
Rep. Marjorie Taylor Greene (R-Ga.) introduced a bill on Tuesday to award Kyle Rittenhouse the Congressional Gold Medal for protecting the community of Kenosha |
2021 |
|
| Russell K. Robinson |
MAYOR PETE, OBERGEFELL GAYS, AND WHITE MALE PRIVILEGE |
69 Buff. L. Rev. 295 [Buffalo Law Review] (April, 2021) |
296 Introduction. 296 I. Challenging Anti-Gay Stereotypes. 303 II. Is Pete Gay Enough?. 309 III. Pete as a Symbol of Respectability Politics. 316 A. An Examination of Racialized Respectability Politics in the Don't Ask, Don't Tell and Marriage Equality Movements. 317 B. Analyzing Buttigieg's Candidacy as the Embodiment of the Gay and... |
2021 |
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MCDONALD'S CORP. |
SEC No Action Ltrs. WSB File No. 0329202120 [SEC No Action Letters] (2021) |
WSB File No. 0329202120 WSB Subject Category: 77 Public Availability Date: March 26, 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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Menendez rips Johnson as 'racist' over Capitol riot remark |
(3/16/2021) |
Sen. Bob Menendez (D-N.J.) slammed GOP Sen. Ron Johnson's (Wis.) recent remarks on the Jan. 6 Capitol riot, calling them hurtful |
2021 |
|
| 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 |
|
| 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 |
|
| 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 |
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| 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 |
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| 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 |
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