| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
|
| 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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| |
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 |
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