AuthorTitleCitationSummaryYearKey Terms
Caleb L. Green THE VISUAL ARTISTS RIGHTS ACT 13 No. 3 Landslide 36 [Landslide] (January/February, 2021) The death of George Floyd has resulted in an international outcry for social and criminal justice reform, sparking a wave of protests throughout the United States and various countries. On May 26, 2020, the day after George Floyd's death, Minnesota locals took to the streets to participate in protest demonstrations. These protests swiftly swept... 2021  
Jane K. Stoever TITLE IX, ESPORTS, AND #ETOO 89 Geo. Wash. L. Rev. 857 [George Washington Law Review] (July, 2021) As colleges and universities increasingly award video gaming scholarships, field competitive esports teams, construct esports arenas in the centers of campuses, and promote student interaction through gaming, schools should anticipate the sexual cyberviolence, harassment, and technology-enabled abuse that commonly occur through gaming. This Article... 2021  
Jessica M. Eaglin TO "DEFUND" THE POLICE 73 Stan. L. Rev. Online 120 [Stanford Law Review Online] (June, 2021) Much public debate circles around grassroots activists' demand to defund the police, raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of defund to clarify and distinguish four alternative, substantive policy positions that legal reforms... 2021  
Deborah J. Cantrell TRANSFORMATIVE SILENCE AND PROTEST 22 Rutgers J. L. & Religion 83 [Rutgers Journal of Law & Religion] (2021) Social movement protests have become common place in the last several years. Images come easily to mind of protestors marching down streets holding signs and chanting. Just as easily, images come to mind of counter-protestors yelling back, and law enforcement engaging protestors, often trying to control them with notable force. This Article... 2021  
Deborah J. Cantrell TRANSFORMATIVE SILENCE AND PROTEST 22 Rutgers J. L. & Religion 83 [Rutgers Journal of Law & Religion] (2021) Social movement protests have become common place in the last several years. Images come easily to mind of protestors marching down streets holding signs and chanting. Just as easily, images come to mind of counter-protestors yelling back, and law enforcement engaging protestors, often trying to control them with notable force. This Article... 2021  
E. Tendayi Achiume TRANSNATIONAL RACIAL (IN)JUSTICE IN LIBERAL DEMOCRATIC EMPIRE 134 Harv. L. Rev. F. 378 [Harvard Law Review Forum] (6/1/2021) On June 17, 2020, Philonise Floyd addressed the United Nations Human Rights Council, the United Nations' paramount human rights body, demanding justice for the murder of his brother and the many other Black people who have been subject to the regime of racial extrajudicial killings endemic in the United States. His testimony was part of a... 2021  
  Trump: LeBron James's 'racist rants' are divisive, nasty (4/22/2021) Former President Trump slammed NBA superstar LeBron James on Thursday night, calling the basketball stars racist rants divisive 2021  
Elizabeth M. Iglesias TRUMP'S INSURRECTION: PANDEMIC VIOLENCE, PRESIDENTIAL INCITEMENT AND THE REPUBLICAN GUARANTEE 11 U. Miami Race & Soc. Just. L. Rev. 7 [University of Miami Race & Social Justice Law Review] (Spring, 2021) Our own experience has corroborated the lessons taught by the examples of other nations; . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible... 2021  
Hayley A. Valla UNCLE SAM'S DILEMMA: WHETHER PRIORITIZING CONFEDERATE MEMORIALS OVER NATIONAL SENTIMENT IS A MONUMENTAL MISTAKE 37 Touro L. Rev. 1107 [Touro Law Review] (2021) When asked to make an appearance at an event to commemorate Civil War monuments, General Robert E. Lee replied, I think it wiser . not to keep open the sores of war, but to follow the example of those nations who endeavored to obliterate the marks of civil strife, and to commit to oblivion the feelings it engendered. Unfortunately, the... 2021  
Hayley A. Valla UNCLE SAM'S DILEMMA: WHETHER PRIORITIZING CONFEDERATE MEMORIALS OVER NATIONAL SENTIMENT IS A MONUMENTAL MISTAKE 37 Touro L. Rev. 1107 [Touro Law Review] (2021) When asked to make an appearance at an event to commemorate Civil War monuments, General Robert E. Lee replied, I think it wiser . not to keep open the sores of war, but to follow the example of those nations who endeavored to obliterate the marks of civil strife, and to commit to oblivion the feelings it engendered. Unfortunately, the... 2021  
Meera E. Deo UNEQUAL PROFESSION, UNLEASHED 73 Rutgers U. L. Rev. 857 [Rutgers University Law Review] (Spring, 2021) C1-3Table of Contents I. Claiming My Worth. 860 II. Jumping on the Bandwagon. 862 III. Centering Structural Solutions. 864 IV. Being Part of the Solution--Not the Solution. 865 V. Understanding Pandemic Effects on Legal Academia. 866 2021  
James O. Pearson, Jr., J.D. Use of peremptory challenge to exclude from jury persons belonging to a class or race 79 A.L.R.3d 14 (Originally published in 1977) [American Law Reports ALR3d] (2021) This annotation collects and analyzes the civil and criminal cases in which the courts have considered whether it is proper for either a plaintiff (usually the prosecution) or a defendant to use the peremptory challenge to exclude members of a race or class from the petit jury, either in a single case or in case after case over a period of time.... 2021  
Jane Snoddy Smith V. WHAT DOES THE RESEARCH SAY? 2021 Advanced Real Est. Drafting 18-V [State Bar of Texas] (32nd Annual) Robert Rosenthal's Research in 1963 was one of the first studies to recognize that how we treat others affects what they think of themselves and their ultimate success. In the first part of the study, three children were picked at random and the teachers were told that those three children (the bloomers) were very smart but not to tell the... 2021  
Amy F. Kimpel VIOLENT VIDEOS: CRIMINAL DEFENSE IN A DIGITAL AGE 37 Ga. St. U. L. Rev. 305 [Georgia State University Law Review] (Winter, 2021) Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases.... 2021  
G. Alex Sinha VIRTUOUS LAW-BREAKING 13 Wash. U. Jurisprudence Rev. 199 [Washington University Jurisprudence Review] (2021) A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... 2021  
G. Alex Sinha VIRTUOUS LAW-BREAKING 13 Wash. U. Jurisprudence Rev. 199 [Washington University Jurisprudence Review] (2021) A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as... 2021  
  WALT DISNEY CO. SEC No Action Ltrs. WSB File No. 0119202101 [SEC No Action Letters] (2021) WSB File No. 0119202101 WSB Subject Category: 77 Public Availability Date: January 8, 2021. Prepared By: Wilmer Cutler References: Securities Exchange Act of 1934, Section 14(a); Rule 14a-8 ________________Washington Service Bureau Summary________________ October 31, 2020 Via E-mail to shareholderproposals@sec.gov U.S. Securities and Exchange... 2021  
Skye M. Walker WARS, WALLS, AND WRECKED ECOSYSTEMS: THE CASE FOR PRIORITIZING ENVIRONMENTAL CONSERVATION IN A NATIONAL SECURITY-CENTRIC LEGAL SYSTEM 51 Envtl. L. 913 [Environmental Law] (Summer, 2021) Maintaining a strong military. Furthering national security by securing the skies, seas, and borders. Promoting peace and order by using tear gas to diffuse chaotic and potentially dangerous situations. To the U.S. government, these are laudable objectives--objectives that often outweigh other policy goals such as environmental conservation. As a... 2021  
Arline T. Geronimus, ScD WEATHERING THE PANDEMIC: DYING OLD AT A YOUNG AGE FROM PRE-EXISTING RACIST CONDITIONS 27 Wash. & Lee J. Civil Rts. & Soc. Just. 409 [Washington and Lee Journal of Civil Rights and Social Justice] (Spring, 2021) C1-2Table of Contents I. Introduction. 410 A. What Is Weathering from a Biological Mechanistic Perspective?. 413 B. Weathering Populations and the Pandemic. 425 II. Distinction Between the Constructs of Weathering vs. Pre-Existing Medical Conditions. 430 A. Legal Applications of Weathering Knowledge in the Pandemic. 435 III. Conclusion. 440 2021  
  What Acts Constitute Excessive Force in Violation of the U.S. Constitution When Used Against Demonstrators or Protesters 64 A.L.R. Fed. 3d Art. 5 (Originally published in 2021) (2021) While protests are most closely associated with the First Amendment rights of demonstrators, where law enforcement officers have sought to disperse protests through the use of force, protestors have also raised Fourth and Fourteenth Amendment challenges to their treatment. The Fourth Amendment, triggered when an individual is seized 2021  
Joseph Blocher, Reva B. Siegel WHEN GUNS THREATEN THE PUBLIC SPHERE: A NEW ACCOUNT OF PUBLIC SAFETY REGULATION UNDER HELLER 116 Nw. U. L. Rev. 139 [Northwestern University Law Review] (2021) Abstract--Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete-- and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not... 2021  
Joseph Blocher, Reva B. Siegel WHEN GUNS THREATEN THE PUBLIC SPHERE: A NEW ACCOUNT OF PUBLIC SAFETY REGULATION UNDER HELLER 116 Nw. U. L. Rev. 139 [Northwestern University Law Review] (2021) Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete-- and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not... 2021  
  WHO MAKES ESG?: UNDERSTANDING STAKEHOLDERS IN THE ESG DEBATE 26 Fordham J. Corp. & Fin. L. 277 [Fordham Journal of Corporate and Financial Law] (2021) DEAN DILLER: Hello everyone. My name is Matthew Diller, the dean of Fordham Law School. Thank you so much for joining us today. Today, we have the Fordham Journal of Corporate & Financial Law's annual symposium. This year's topic is who makes ESG and understanding the stakeholders in the ESG debate. At the outset, I want to thank Professors... 2021  
  WHO MAKES ESG?: UNDERSTANDING STAKEHOLDERS IN THE ESG DEBATE 26 Fordham J. Corp. & Fin. L. 277 [Fordham Journal of Corporate and Financial Law] (2021) DEAN DILLER: Hello everyone. My name is Matthew Diller, the dean of Fordham Law School. Thank you so much for joining us today. Today, we have the Fordham Journal of Corporate & Financial Law's annual symposium. This year's topic is who makes ESG and understanding the stakeholders in the ESG debate. At the outset, I want to thank Professors... 2021  
John Hirsch, Sarah Francois, Public Defender , Brooklyn Law School Class of 2021 WHY COMPREHENSIVE POLICE REFORM MUST INCLUDE DECRIMINALIZING SEX WORK 64 How. L.J. 375 [Howard Law Journal] (Winter, 2021) Introduction. 376 Background. 377 I. Criminalizing Sex Work May Violate the Constitution. 383 II. Problematic Police Practices and Legislation. 389 A. Consensual Sex Workers Have No Defense: Why Entrapment Does Not Work. 391 B. Monell Liability and Police Immunity. 393 C. New York's Loitering Statute: A Relic From a Different World. 395 III.... 2021  
Natsu Taylor Saito WHY XENOPHOBIA? 31 Berkeley La Raza L.J. 1 [Berkeley La Raza Law Journal] (2021) Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... 2021  
Natsu Taylor Saito WHY XENOPHOBIA? 31 Berkeley La Raza L.J. 1 [Berkeley La Raza Law Journal] (2021) Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... 2021  
  #Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling 92 Temple Law Review Online 55 (2020) Private racial profiling is not new, but racially motivated 911 calls are a new method for private citizens to police Black people. Specifically, #LivingWhileBlack refers to the recent increase in 911 calls white people make on Black people who are going about normal daily activities. These everyday activities have included a family eating at... 2020  
Aya Gruber #Metoo and Mass Incarceration 17 Ohio State Journal of Criminal Law 275 (Spring, 2020) When I was a law student and an aspiring criminal lawyer, I always felt mired in a feminist defense attorney dilemma. On the one hand, I was intimately familiar with the harms of sexual assault and firmly believed that gender crimes reflected and reinforced women's second-class status. On the other, I was involved in public defense and... 2020  
Cynthia Godsoe #Metoo and the Myth of the Juvenile Sex Offender 17 Ohio State Journal of Criminal Law 335 (Spring, 2020) Prison abolition [i]s the most direct path toward justice[.] Our work [to end gender violence] needs to be reframed as a movement against the patriarchal carceral state that is so dangerous to so many people . includ[ing] tearing down the architecture of racism and the related forms of oppression upon which that carceral state is built .. That... 2020  
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