| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
|
| 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 |
|
| Anthony Michael Kreis |
THE NEW REDEEMERS |
55 Ga. L. Rev. 1483 [Georgia Law Review] (Summer, 2021) |
This Article is about the long arc of a Second Redemption. A new life to the politics of racial grievance surfaced in the wake of a diversifying polity, a decline of rural power, and a Black man's rise to the American presidency. And that reinvigorated force was the linchpin of Donald Trump's ascendency to power. Trump was a part of a broader... |
2021 |
|
| Aaron Tang |
THE RADICAL-INCREMENTAL CHANGE DEBATE, RACIAL JUSTICE, AND THE POLITICAL ECONOMY OF TEACHERS' CHOICE |
169 U. PA. L. Rev. Online 186 [University of Pennsylvania Law Review Online] (2021) |
L1-2Introduction . L3186 I. Teachers, Schools, and (Suburban) Parents. 193 A. Teachers. 193 B. Schools. 195 1. Integration. 195 2. School Choice. 197 C. Suburban Parents. 198 II. The Political Economy of Teachers' Choice. 200 A. Teachers' Choice. 201 B. The Political Economy of Teachers' Choice. 205 C. The Political Economy of Teachers' Unions. 207... |
2021 |
|
| Aaron Tang |
THE RADICAL-INCREMENTAL CHANGE DEBATE, RACIAL JUSTICE, AND THE POLITICAL ECONOMY OF TEACHERS' CHOICE |
169 U. PA. L. Rev. Online 186 [University of Pennsylvania Law Review Online] (2021) |
L1-2Introduction . L3186 I. Teachers, Schools, and (Suburban) Parents. 193 A. Teachers. 193 B. Schools. 195 1. Integration. 195 2. School Choice. 197 C. Suburban Parents. 198 II. The Political Economy of Teachers' Choice. 200 A. Teachers' Choice. 201 B. The Political Economy of Teachers' Choice. 205 C. The Political Economy of Teachers' Unions. 207... |
2021 |
|
| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Geo. J. on Poverty L. & Pol'y 279 [Georgetown Journal on Poverty Law and Policy] (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
|
| John D. Bessler |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
61 Santa Clara L. Rev. 467 [Santa Clara Law Review] (2021) |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
2021 |
|
| John D. Bessler |
THE RULE OF LAW: A NECESSARY PILLAR OF FREE AND DEMOCRATIC SOCIETIES FOR PROTECTING HUMAN RIGHTS |
61 Santa Clara L. Rev. 467 [Santa Clara Law Review] (2021) |
This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and... |
2021 |
|
| Tung Yin |
THE TIME IS NOW: CRIMINAL JUSTICE REFORM IN THE WAKE OF GEORGE FLOYD'S KILLING |
25 Lewis & Clark L. Rev. 397 [Lewis & Clark Law Review] (2021) |
On May 25, 2020, an encounter between George Floyd (Black) and Minneapolis police officers Derek Chauvin (white), Tou Thao (Asian), J. Alexander Keung (Black), and Thomas Lane (white)--most of which was recorded by numerous bystanders--turned deadly. After arresting Floyd for allegedly passing a counterfeit bill, Keung and Lane tried to put Floyd... |
2021 |
|
| Tung Yin |
THE TIME IS NOW: CRIMINAL JUSTICE REFORM IN THE WAKE OF GEORGE FLOYD'S KILLING |
25 Lewis & Clark L. Rev. 397 [Lewis & Clark Law Review] (2021) |
On May 25, 2020, an encounter between George Floyd (Black) and Minneapolis police officers Derek Chauvin (white), Tou Thao (Asian), J. Alexander Keung (Black), and Thomas Lane (white)--most of which was recorded by numerous bystanders--turned deadly. After arresting Floyd for allegedly passing a counterfeit bill, Keung and Lane tried to put Floyd... |
2021 |
|
| Angela Onwuachi-Willig |
THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? |
58 Hous. L. Rev. 817 [Houston Law Review] (Symposium, 2021) |
The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... |
2021 |
|
| Angela Onwuachi-Willig |
THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? |
58 Hous. L. Rev. 817 [Houston Law Review] (Symposium, 2021) |
The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... |
2021 |
|
| Kiel Brennan-Marquez, Darryl K. Brown, Stephen E. Henderson |
THE TRIAL LOTTERY |
56 Wake Forest L. Rev. 1 [Wake Forest Law Review] (2021) |
Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly,... |
2021 |
|
| Kiel Brennan-Marquez, Darryl K. Brown, Stephen E. Henderson |
THE TRIAL LOTTERY |
56 Wake Forest L. Rev. 1 [Wake Forest Law Review] (2021) |
Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly,... |
2021 |
|
| Brandon Hasbrouck |
THE UNCONSTITUTIONAL POLICE |
56 Harv. C.R.-C.L. L. Rev. 239 [Harvard Civil Rights-Civil Liberties Law Review] (Summer, 2021) |
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial... |
2021 |
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