AuthorTitleCitationSummaryYearKey Terms
Jelani Jefferson Exum PRESUMED PUNISHABLE: SENTENCING ON THE STREETS AND THE NEED TO PROTECT BLACK LIVES THROUGH A REINVIGORATION OF THE PRESUMPTION OF INNOCENCE 64 How. L.J. 301 [Howard Law Journal] (Winter, 2021) Introduction. 302 L1-2 I. Presumed Punishable A. The Development of Race-Based Policing and the Presumption of the Need to Control Black People Through Force. 305 B. The Current Consequences of Being Presumed Punishable. 309 C. Police as the Tool of the Presumption. 311 D. The Trauma of Being Presumed Punishable. 315 II. The Presumption of... 2021 Most Relevant
Michael P. Goodyear PRIAM'S FOLLY: UNITED STATES v. ALVAREZ AND THE FAKE NEWS TROJAN HORSE 73 Stan. L. Rev. Online 194 [Stanford Law Review Online] (September, 2021) 2020 was a year of strain and reckoning in the United States. The COVID-19 pandemic, the continued growth of the Black Lives Matter movement, and the 2020 presidential election made for a tumultuous and uncertain year. An overarching similarity that impacted all three of these historical events was the continued proliferation of fake news. Yet... 2021 Most Relevant
Alex Gangitano Putin compares BLM to opposition groups, foreign entities in Russia The Hill (6/16/2021) Russian President Vladimir Putin on Wednesday compared the Black Lives Matter (BLM) movement in the U.S. to pro-democracy protests in Russia led by opposition leader Alexei Navalny. 2021 Most Relevant
Marty Johnson Ron Johnson: 'No racism involved' in comments about Capitol riot The Hill (3/15/2021) Sen. Ron Johnson (R-Wis.) on Monday responded to bipartisan criticism over comments he made last week regarding Black Lives Matter protesters, arguing there was no racism" in his previous remarks." 2021 Most Relevant
Chelsea Hanlock SETTLING FOR SILENCE: HOW POLICE EXPLOIT PROTECTIVE ORDERS 109 Calif. L. Rev. 1507 [California Law Review] (August, 2021) The national outcry and months of Black Lives Matter protests against police brutality that followed the police killings of George Floyd and Breonna Taylor are a resounding demonstration of the public's interest in combatting police violence, particularly excess force used on Black Americans. While media attention on police killings increased after... 2021 Most Relevant
Celia Goble SOCIAL WORKERS TO THE RESCUE?: AN URGENT CALL FOR EMERGENCY RESPONSE REFORM 48 Fordham Urb. L.J. 1021 [Fordham Urban Law Journal] (April, 2021) Introduction. 1022 I. Protests, Vigilantes, and Charity: Policing and Social Work Reform and the Quest for Professionalization. 1027 A. Black Lives Matter. 1027 B. The Police in the United States. 1029 C. Social Workers in the United States. 1032 D. 911: The Current Emergency Response System. 1035 II. Social Workers Recognize the Issues in Police... 2021 Most Relevant
Emily A. Kline TEACHING SOCIAL JUSTICE IN THE LEGAL WRITING CLASSROOM THROUGH PERSONAL NARRATIVE 25 Legal Writing: J. Legal Writing Inst. 29 [Legal Writing: The Journal of the Legal Writing Institute] (2021) The COVID-19 pandemic and the Black Lives Matter (BLM) movement have inspired a renewed national conversation about social justice and racial equality. The disparate impacts of the pandemic on communities of color and the failure to address systemic racial inequities in our policing and criminal justice system have converged to create a defining... 2021 Most Relevant
Emily A. Kline TEACHING SOCIAL JUSTICE IN THE LEGAL WRITING CLASSROOM THROUGH PERSONAL NARRATIVE 25 Legal Writing: J. Legal Writing Inst. 29 [Legal Writing: The Journal of the Legal Writing Institute] (2021) The COVID-19 pandemic and the Black Lives Matter (BLM) movement have inspired a renewed national conversation about social justice and racial equality. The disparate impacts of the pandemic on communities of color and the failure to address systemic racial inequities in our policing and criminal justice system have converged to create a defining... 2021 Most Relevant
  THE NATIONAL NATIVE AMERICAN BAR ASSOCIATION DECLARES TAKOMNI HASAPA WICONI HECHA (BLACK LIVES MATTER) 24-JAN NBA Nat'l B. Ass'n Mag. 14 [NBA National Bar Association Magazine] (January, 2021) Indian Country - June 15, 2020. Mitakuyapi (Relatives). It is with a heavy heart that we make this statement. As native people, we understand our world through kinship. We are heartbroken and offer our deepest condolences to those that mourn George Floyd, Breonna Taylor, Tony McDade, Renee Davis (Muckleshoot), Cecil Lacy, Jr. (Tulalip), John T.... 2021 Most Relevant
Rachel D. Godsil, Sarah E. Waldeck THE NEW TIPPING POINT: DISRUPTIVE POLITICS AND HABITUATING EQUALITY 70 Emory L.J. 1507 [Emory Law Journal] (2021) This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the disruptive politics... 2021 Most Relevant
Rachel D. Godsil, Sarah E. Waldeck THE NEW TIPPING POINT: DISRUPTIVE POLITICS AND HABITUATING EQUALITY 70 Emory L.J. 1507 [Emory Law Journal] (2021) This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the disruptive politics... 2021 Most Relevant
Consuela A. Pinto, FortneyScott THE NEXT FRONTIER IN DE&I: CORPORATE BOARD DIVERSITY 18 No. 5 Fed. Emp. L. Insider 4 [Federal Employment Law Insider] (1/1/2021) The Black Lives Matter (BLM) movement has inspired individuals, corporations, and governments to think more broadly and critically about diversity, equity, and inclusion (DE&I) initiatives. Employers and their leadership teams are thinking beyond recruiting practices and developmental programs in an effort to spur meaningful and lasting change.... 2021 Most Relevant
Aníbal Rosario Lebrón THE OUROBOROS OF IDENTITY POLITICS 30 Tul. J. L. & Sexuality 131 [Tulane Journal of Law & Sexuality] (2021) The major events of 2020, from the significant support of Black Lives Matter (BLM), the never-ending controversies over the use of Latinx, the elections, the decision in Bostock v. Clayton County, to the response to the COVID-19 pandemic, seem to be inextricably linked to identity politics. Throughout the year, we have been constantly immersed in... 2021 Most Relevant
Aníbal Rosario Lebrón THE OUROBOROS OF IDENTITY POLITICS 30 Tul. J. L. & Sexuality 131 [Tulane Journal of Law & Sexuality] (2021) The major events of 2020, from the significant support of Black Lives Matter (BLM), the never-ending controversies over the use of Latinx, the elections, the decision in Bostock v. Clayton County, to the response to the COVID-19 pandemic, seem to be inextricably linked to identity politics. Throughout the year, we have been constantly immersed in... 2021 Most Relevant
David G. Maxted THE QUALIFIED IMMUNITY LITIGATION MACHINE: EVISCERATING THE ANTI-RACIST HEART OF § 1983, WEAPONIZING INTERLOCUTORY APPEAL, AND THE ROUTINE OF POLICE VIOLENCE AGAINST BLACK LIVES 98 Denv. L. Rev. 629 [Denver Law Review] (Spring, 2021) This Article makes the case that twin plagues endemic to American law--the routine of police violence and its unequal impact on Black lives and other people of color--are rooted in the invention and application of qualified immunity by the courts and the legal profession. For the past four decades, the Supreme Court has eroded civil rights... 2021 Most Relevant
George Parampathu THE TRUE GENIUS OF AMERICA 31 Berkeley La Raza L.J. 49 [Berkeley La Raza Law Journal] (2021) Outraged by the murder of George Floyd under the knee of officer Derek Chauvin on May 25th, people from all walks of life and across the 50 states have been protesting, united by a simple, powerful mantra--Black Lives Matter. The widespread protests with their calls for justice and the public discourse that followed are reminiscent of the Civil... 2021 Most Relevant
George Parampathu THE TRUE GENIUS OF AMERICA 31 Berkeley La Raza L.J. 49 [Berkeley La Raza Law Journal] (2021) Outraged by the murder of George Floyd under the knee of officer Derek Chauvin on May 25th, people from all walks of life and across the 50 states have been protesting, united by a simple, powerful mantra--Black Lives Matter. The widespread protests with their calls for justice and the public discourse that followed are reminiscent of the Civil... 2021 Most Relevant
Donald D.A. Schaefer THE USE OF REGULAR MILITARIES FOR NATURAL DISASTERS AFTER A MAJOR EVENT WHERE THE MILITARY WAS SEEN AS A FAILURE--THE SOMALIA EFFECT IN THE AGE OF BLACK LIVES MATTERS AND COVID-19 32 Fordham Envtl. L. Rev. 285 [Fordham Environmental Law Review] (Winter, 2021) This is written as a continuation of Dr. Schaefer's recent article entitled, The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries. Perhaps few other areas have affected so many people than the... 2021 Most Relevant
Kathleen Kapusta, J.D. TOP STORY-7TH CIR.: WINERY VIOLATED NLRA BY BANNING EMPLOYEE'S 'CELLAR LIVES MATTER' VEST [Wolters Kluwer Employment Law Daily] (3/30/2021) According to the employee, he devised the slogan because he thought it was both true and catchydrawing upon the well-recognized Black Lives Matter movement. A winery employer failed to show special circumstances justified directing a cellar employee to stop wearing his vest, on which he had written Cellar Lives Matter on the back to express... 2021 Most Relevant
Ronald Miller, J.D. TOP STORY-W.D. PA.: EMPLOYER BAN ON EMPLOYEES WEARING 'BLACK LIVES MATTER' FACEMASKS ENJOINED [Wolters Kluwer Employment Law Daily] (1/21/2021) The government can restrict or punish workplace speech only if it is, in fact, likely to be disruptive of the workplace. Employees of the Allegheny County Port Authority were granted a preliminary injunction against the employer's ban on the wearing of facemasks with political messages, including support for the Black Lives Matter movement. The... 2021 Most Relevant
  U.S. Supreme Court hands narrow win to Black Lives Matter activist over protest incident 27 No. 07 Westlaw Journal Bank and Lender Liability 28 [Westlaw Journal Bank & Lender Liability] (2021) The U.S. Supreme Court on Nov. 2 sided with Black Lives Matter activist DeRay McKesson in his ongoing effort to avoid a lawsuit filed by a police officer injured during a 2016 protest in Louisiana triggered by the police killing of a Black man. The justices threw out a lower court ruling that had allowed the lawsuit to proceed and said... 2021 Most Relevant
April Knight UNDER ATTACK: HOW ENHANCED ANTI-PROTEST LAWS IMPEDE AND ENDANGER THE FREE PRESS 58 Am. Crim. L. Rev. Online 84 [American Criminal Law Review Online] (Spring, 2021) In May 2020, police arrested Andrea Sahouri, a reporter from The Des Moines Register, while she was covering a Black Lives Matter demonstration. They pepper sprayed Sahouri and zip-tied her hands behind her back, even though she repeatedly identified herself as press to the officers. Des Moines police claimed that Sahouri was not wearing press... 2021 Most Relevant
Kristine L. Bowman UNIVERSITIES' SPEECH AND THE FIRST AMENDMENT 99 Neb. L. Rev. 896 [Nebraska Law Review] (2021) Increasingly, scholars and students alike suggest that university leaders should engage in speech to oppose racism and other systemic discrimination. In May and June of 2020, countless university leaders across the country did exactly that, expressing solidarity with the Black Lives Matter movement. That speech also contained implied answers to two... 2021 Most Relevant
Kristine L. Bowman UNIVERSITIES' SPEECH AND THE FIRST AMENDMENT 99 Neb. L. Rev. 896 [Nebraska Law Review] (2021) Increasingly, scholars and students alike suggest that university leaders should engage in speech to oppose racism and other systemic discrimination. In May and June of 2020, countless university leaders across the country did exactly that, expressing solidarity with the Black Lives Matter movement. That speech also contained implied answers to two... 2021 Most Relevant
By Henry Kenyon, CQ Roll Call US Postal Service monitored Black Lives Matter, pandemic protests: lawsuits [CQ Roll Call Washington Data Privacy Briefing] (8/17/2021) Privacy groups sued the U.S. Postal Service over its use of facial recognition and social media monitoring tools to identify and report on Black Lives Matter and pandemic lockdown protesters. 2021 Most Relevant
Danielle L. Macedo WHAT KIND OF JUSTICE IS THIS? OVERBROAD JUDICIAL DISCRETION AND IMPLICIT BIAS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 24 J. Gender Race & Just. 43 [Journal of Gender, Race and Justice] (Spring, 2021) I.Introduction. 44 II.Black American History and the Criminal Justice System: Setting the Stage. 48 A. Before the Civil Rights Movement: Explicit Bias in America. 51 B. The Civil Rights Movement and Beyond: Implicit Bias in America. 55 C. Black Lives Matter. 59 D. The Fight for Racial Equality Continues. 63 III.Criminal Sentencing Procedure and... 2021 Most Relevant
Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 55 Law & Soc'y Rev. 227 [Law and Society Review] (June, 2021) White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... 2021 Most Relevant
Meera E. Deo WHY BIPOC FAILS 107 Va. L. Rev. Online 115 [Virginia Law Review Online] (June, 2021) Racial tensions have been endemic to the U.S. since its founding. In 2020, this racial conflict bubbled over into the streets as those supporting Black Lives Matter and opposing a long history of racist police violence congregated to demand justice. Last year and still now, the global pandemic has placed additional stress on communities of color,... 2021 Most Relevant
Thomas A. Kochan WORKER VOICE AND CORPORATE GOVERNANCE: PUTTING WORDS INTO ACTIONS 74 Vand. L. Rev. 1625 [Vanderbilt Law Review] (November, 2021) Introduction. 1625 I. What Do Workers Want?. 1628 II. What About Unions?. 1629 III. Emerging Forms of Worker Voice and Advocacy. 1631 IV. Labor Union Innovations. 1635 V. Learning from COVID-19 and Black Lives Matter. 1636 VI. Building Worker Voice into Corporate Governance. 1639 VII. Implications for Labor Policies. 1640 VIII. A Pathway to a New... 2021 Most Relevant
Scott Wong 'You're a joke': Greene clashes with Cheney, Raskin on House floor The Hill (10/21/2021) Rep. Marjorie Taylor Greene (R-Ga.), tangled with two members of the Jan. 6 committee on the House floor Thursday, getting into an impromptu shouting match over Black Lives Matter and a wild conspiracy theory about Jewish space lasers starting California wildfires. 2021 Most Relevant
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