| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Jacob Abolafia |
"SAFETY, IN A REPUBLICAN SENSE": TRUMP v. UNITED STATES, DEMOCRACY, AND AN ANTISUBORDINATION THEORY OF THE CRIMINAL LAW |
134 Yale Law Journal Forum 43 (25-Oct-24) |
abstract. Democratic governance requires holding the powerful to account. This principle was as familiar to the ancient Athenians as it was to the Framers of the Constitution. Contemporary liberal democracies, however, must balance the need for popular control with the procedural principles of criminal due process. First and foremost among these is... |
2024 |
|
| M. Broderick Johnson |
"TRYING TO SAVE THE WHITE MAN'S SOUL": PERPETUALLY CONVERGENT INTERESTS AND RACIAL SUBJUGATION |
133 Yale Law Journal 1335 (February, 2024) |
An assumption that dominates the discourse on race in the United States is that racial subjugation is only harmful to the subjugated. Many people take for granted that White people have nothing to gain from disrupting the existing racial hierarchy. Indeed, efforts to uplift people of color are typically viewed as coming at the expense of White... |
2024 |
|
| Geeta Tewari |
#METOO: RETHINKING LAW AND LITERATURE TO DEFINE NARRATIVE JUSTICE |
102 Oregon Law Review 489 (2024) |
Abstract. 490 Introduction. 491 I. From Law and Literature to Narrative Justice. 496 A. Historical Background. 496 B. Telling Stories in Courts. 501 II. Modern Application of Narrative Justice: The #MeToo Movement. 507 A. The Formation and Building of the #MeToo Movement. 508 B. First-Person Narratives in the #MeToo Movement. 510 C. Denial and... |
2024 |
|
| Bijal Shah |
A CRITICAL ANALYSIS OF SEPARATION-OF-POWERS FUNCTIONALISM |
84 Ohio State Law Journal 1007 (2024) |
The separation of powers, and the narrow formalist/functionalist tension on which this framework rests, is in need of moral grounding. A critical legal perspective could enable administrative law and separation-of-powers scholars to better articulate overlooked problems, stakes, and possibilities, as a theoretical, normative, and prescriptive... |
2024 |
|
| Eli Wald |
A LIBERAL THEORY OF LEGAL EDUCATION |
75 Alabama Law Review 563 (2024) |
Introduction. 564 I. The Liberal Façade of Law Schools. 567 A. Law Schools' Historical Orthodox Model: Formalism, Realism, and the Functionalist Approach. 568 B. Law Schools' Orthodox Model 2.0: New Liberalism. 571 C. The New Liberalism Excuse in the Twenty-First Century. 578 D. The Banality of the A-Liberal Model of Legal Education. 581 II. A... |
2024 |
|
| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
|
| Karen Tokarz , Becky L. Jacobs , Sherley Cruz , Kendall Kerew , Andrew King-Ries , Carwina Weng |
ABA STANDARD 303(C) AND DIVISIVE CONCEPTS LEGISLATION AND POLICIES: CHALLENGES AND OPPORTUNITIES |
73 Washington University Journal of Law & Policy 247 (2024) |
This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and divisive concepts laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard... |
2024 |
|
| I. Bennett Capers |
AFROFUTURISM AND THE LAW: A MANIFESTO |
112 Georgetown Law Journal 1361 (June, 2024) |
C1-3Table of Contents L1-2Introduction . L31361 I. Imagine Other Suns. 1367 II. Make Those Suns Shine. 1371 III. Know What You're Fighting for. 1372 IV. Listen to Afrofuturist Griots. 1375 V. Listen to Other Griots. 1377 VI. Question Law. 1379 VII. Reject Manifestos. 1382 L1-2Conclusion . L31383 |
2024 |
|
| Etienne C. Toussaint |
AFROFUTURISM AT WORK: CRITIQUE & PRAXIS |
112 Georgetown Law Journal 1491 (June, 2024) |
During the early months of the COVID-19 pandemic, so-called essential workers from minoritized racial and ethnic groups were disproportionately subjected to workplace indignities that resembled, in the words of Keeanga-Yamahtta Taylor, a modern Black plague. Some observers expressed faith in existing corporate governance regimes, noting that many... |
2024 |
|
| Dheepa Sundaram |
AN ACADEMIC CONFERENCE, A BOMB THREAT, AND A TITLE VI COMPLAINT: U.S. HINDU NATIONALIST GROUPS' LITIGIOUS ASSAULT ON ACADEMIC FREEDOM |
16 Drexel Law Review 837 (2024) |
This Article outlines the rising threat to academic freedom from Hindutva (Hindu nationalist) organizations in the United States. The Article explores how the Hindu nationalist playbook in the United States works, the legal strategies they use to target scholars with whom they disagree, how they leverage social justice mechanisms for redress of... |
2024 |
|
| Paul Gowder |
ANTI-LIBERAL RIGHTS RETRENCHMENT AS A THREAT TO THE RULE OF LAW |
73 Emory Law Journal 1173 (2024) |
The Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, overturning the half-century old constitutional right to reproductive choice, is only the most prominent example of a global series of attacks on rights of personal, sexual, and family autonomy. The attacks on LGBTQ+ rights by the Christian nationalist governments of... |
2024 |
|
| Antonio L. Ingram II |
ANTI-TRUTH MOVEMENTS IN POST WORLD WAR II GERMANY AND CONTEMPORARY TEXAS: THE REPETITION OF HISTORY AND LESSONS IN TRUTHFUL RECONSTRUCTION |
16 Drexel Law Review 751 (2024) |
Legislators in Texas mounted an assault on multiracial democracy when they attacked public higher education throughout the Lone Star State in the 87th legislative session with the introduction of Senate Bills 16, 17 and 18. Together, these bills arguably constituted a tripartite attack on the foundation of public higher education in Texas, seeking... |
2024 |
|
| Nicholas Serafin |
BORN TO EQUALITY: MINOR CHILDREN, EQUAL PROTECTION, AND STATE LAWS TARGETING LGBTQ+ YOUTH |
75 UC Law Journal 411 (March, 2024) |
States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express animus towards and impose a stigma upon LGBTQ+ minor children. Though they are distinct doctrines, the Court has interwoven... |
2024 |
|
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
|
| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
|
| Melina Constantine Bell |
CHILDREN'S RIGHT TO ACCESS POTENTIALLY CRITICAL LEARNING: LIBERATING YOUTH FROM PROPAGATION OF STRUCTURAL INJUSTICE |
33 Southern California Review of Law & Social Justice 29 (Winter, 2024) |
Over the past two years, U.S. states have passed educational gag orders (EGOs) that prohibit teaching about antiracism and LGBTQ+ identities. EGOs are destructive in at least two ways. First, they violate children's right to access information that is potentially critical for their individual well-being. Second, they interfere with cultivating... |
2024 |
|
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
|
| Tyler Rose Clemons |
COERCIVE IDEOLOGY |
83 Maryland Law Review 1121 (2024) |
Current equal protection jurisprudence does not permit challenges to discriminatory government expression, no matter how blatant or extreme. This doctrine, which I label the discriminatory treatment requirement, is a manifestation of anticlassification, the prevailing equal protection framework since the mid-1970s. According to anticlassification,... |
2024 |
|
| Michael L. Smith |
CONSTITUTIONAL INTERPRETATION AND ZOMBIE PROVISIONS |
40 Georgia State University Law Review 603 (Spring, 2024) |
The United States Constitution and state constitutions contain numerous zombie provisions, including language restricting marriage to relationships between one man and one woman, voter literacy test requirements, disqualification of atheists from serving in office or testifying as witnesses, and pervasive gendered language restricting rights and... |
2024 |
|
| Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
2024 |
|
| Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
2024 |
|
| Margaret Hu |
CRITICAL DATA THEORY |
65 William and Mary Law Review 839 (March, 2024) |
Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with... |
2024 |
|
| Anastasia M. Boles , Demetria D. Frank , Darrell D. Jackson , Jamila E. Jefferson |
CULTURALLY PROFICIENT LAWYERING: A FRAMEWORK AND RUBRIC SUPPORTING LEARNING OUTCOMES AND OBJECTIVES |
86 University of Pittsburgh Law Review 1 (Fall, 2024) |
Culturally Proficient Lawyering is an important guide for legal educators who are employing cultural proficiency course objectives in accordance with new American Bar Association (ABA) accreditation Standard 303(c). The recently adopted Standard 303(c) requires that law schools educate students about bias, cross-cultural competency, and racism.... |
2024 |
|
| Deirdre Pfeiffer , Xiaoqian Hu |
DECONSTRUCTING RACIAL CODE WORDS |
58 Law and Society Review 294 (June, 2024) |
Racism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what colorblind race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse--racial code words, which are (1) indirect signifiers of racial... |
2024 |
|
| Francisco Valdes |
DEFEAT FASCISM, TRANSFORM DEMOCRACY: MAPPING ACADEMIC RESOURCES, REFRAMING THE FUNDAMENTALS, AND ORGANIZING FOR COLLECTIVE ACTIONS |
47 Seattle University Law Review 1057 (Spring, 2024) |
[T]he truth will set you free. --Jesus What happens when truth doesn't matter anymore? --Barack Obama A vote for Donald Trump is a vote for a fascist government. --Cassidy Hutchinson Those who cannot remember the past are condemned to repeat it. --Jorge Santayana Introduction & Context. 1059 I. The Critical (Legal) Collective: Learning and Acting... |
2024 |
|
| Sheldon Bernard Lyke |
DEFENSE AGAINST THE DARK ARTS: THE DIVERSITY RATIONALE AND THE FAILED AFFIRMATIVE DEFENSE OF AFFIRMATIVE ACTION |
80 Washington and Lee Law Review 1873 (2024) |
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight... |
2024 |
|
| Andrew F. Popper |
DEMOCRACY ON THE BRINK, DOWN BUT NOT DEFEATED |
10 University of Pennsylvania Journal of Law & Public Affairs 1 (November, 2024) |
This essay assesses the current state of governance and is premised on the notion that distrust, anger, and discontent in our legal system represent a threat to the whole of the regulatory state and voting, the preeminent engines of democracy. The decline in trust in government is attributable in meaningful part to the prevalence of lies and false... |
2024 |
|
| Janel A. George |
DENY, DEFUND, AND DIVERT: THE LAW AND AMERICAN MISEDUCATION |
112 Georgetown Law Journal 509 (March, 2024) |
Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund... |
2024 |
|
| Frank Rudy Cooper |
DICTA MINES, PRETEXT, AND EXCESSIVE FORCE: TOWARD CRIMINAL PROCEDURE FUTURISM |
112 California Law Review 1007 (June, 2024) |
Scholars have recently criticized Fourth Amendment pretext doctrine for leading to more police contact with Black and Brown people and thus to racially disproportionate uses of excessive force. This Essay reveals the intersection of the Court's pretext and excessive force doctrines by unearthing their shared roots in the 1973 United States v.... |
2024 |
|
| Cassandra Jones Havard |
DIGITAL FOOTPRINTS: TECHNOLOGY, RACE, AND JUSTICE |
45 Cardozo Law Review 1177 (April, 2024) |
Data aggregation is ubiquitous. To widen credit access, lenders now use nonconventional sources of personal technological information to measure borrower creditworthiness. Alternative data credit scoring is touted as a useful solution for borrowers with little or no credit history or thin credit files. The supposedly neutral algorithm provides a... |
2024 |
|
| Sarah H. Lorr |
DISABLING FAMILIES |
76 Stanford Law Review 1255 (June, 2024) |
Abstract. The family regulation system is increasingly notorious for harming the very families that it ostensibly aims to protect. Under the guise of advancing child welfare, Black, Brown, Native, and poor families are disproportionately surveilled, judged, and separated. Discrimination and ingrained prejudices against disabled parents render their... |
2024 |
|
| Craig Konnoth |
DISCRIMINATION DENIALS: ARE SAME-SEX WEDDING SERVICE REFUSALS DISCRIMINATORY? |
124 Columbia Law Review 2003 (November, 2024) |
Are refusals to provide services for same-sex weddings anti-gay discrimination? The answer, the Supreme Court seems to say, is no. Last Term in 303 Creative LLC v. Elenis, the Court held that the Constitution's Free Speech Clause granted a web designer the right to refuse same-sex wedding services. In so doing, the Court also appeared to opine... |
2024 |
|
| Mary Marston |
DIVERSITY AND INCLUSION TRAININGS AS A PUBLIC RELATIONS IMPERATIVE: ADDRESSING THE FARAGHER-ELLERTH TEST VIA INTEREST-CONVERGENCE AND TARGETED UNIVERSALISM |
32 American University Journal of Gender, Social Policy and the Law 317 (2024) |
I. Introduction 318 II. Background 321 A. The Importance of Title VII in Workplace Discrimination and Harassment 321 B. The #MeToo Movement and Interest Convergence 325 C. What Comprises a Sexual Harassment or a Diversity and Inclusion Training? 326 III. Applying Interest Convergence and Targeted Universalism to Court's Understanding of Mutable... |
2024 |
|
| Michael O'Donnell |
DO STUDENTS LEAVE THEIR CONSTITUTIONAL RIGHTS AT THE (CHARTER) SCHOOLHOUSE GATES?: CHARTER SCHOOLS' COLLISION COURSE WITH A RESTRICTIVE STATE ACTION DOCTRINE |
74 Case Western Reserve Law Review 1141 (Summer, 2024) |
C1-2Contents Introduction. 1142 I. The State Action Doctrine. 1145 A. Determining Whether the Nominally Private Actor Is in Fact a Government Actor. 1149 B. Determining Whether the Conduct of Truly Private Actors Is State Action. 1151 1. The Public Function Analysis and the Related Delegation of Constitutional Duty Analysis. 1151 2. The Close Nexus... |
2024 |
|
| Chaz Arnett |
DYSTOPIAN DREAMS, UTOPIAN NIGHTMARES: AI AND THE PERMANENCE OF RACISM |
112 Georgetown Law Journal 1299 (June, 2024) |
This Essay draws connections between Octavia Butler's Parable series (Parable of the Sower and Parable of the Talents), HBO's Westworld, and Derrick Bell's Faces at the Bottom of the Well: The Permanence of Racism to highlight how the reconfiguration and transmutation of race through technological change is facilitated by corresponding shifts in... |
2024 |
|
| Paula C. Johnson |
EDUCATION ACCESS & OPPORTUNITY: AN INTRODUCTION |
74 Syracuse Law Review 885 (2024) |
Introduction. 886 I. Overview of Panels. 888 II. Synopsis of Issues Raised by the Symposium. 890 A. Students for Fair Admissions and Related Cases. 891 B. K-12 Racial Content Restrictions. 894 C. Student Debt Relief Under Biden v. Nebraska. 896 III. Overview of the Articles in this Issue. 899 A. Jonathan D. Glater, Doctrinal Siege: Higher Education... |
2024 |
|
| GianCarlo Canaparo , Jameson Payne |
EQUAL PROTECTION AND RACIAL CATEGORIES |
34 George Mason University Civil Rights Law Journal 225 (Spring, 2024) |
A touchstone of justice is the principle that like things must be treated alike, and different things differently. A thread of universal agreement on this point runs from Aristotle to the jurists, moralists and philosophers of our own day. This principle is enshrined in the Fourteenth Amendment's Equal Protection Clause (as interpreted ), which... |
2024 |
|
| Kamilah Mims |
FAMILIAL ASSOCIATION UNDER SIEGE: THE IMPLICATIONS OF UNITED STATES v. MAGDALENO ON THE BLACK COMMUNITY |
71 UCLA Law Review 992 (September, 2024) |
This Comment delves into the fundamental right to familial association and integrity in the United States, tracing its historical significance and its erosion in the criminal legal system. Focusing on the Ninth Circuit's case, United States v. Magdaleno, it scrutinizes a supervised release condition that restricts interactions with siblings,... |
2024 |
|
| J. Benton Heath |
FETCH THE BOLT CUTTERS: REFLECTIONS ON RACIAL CAPITALISM AND THE NAFTA/USMCA |
49 Brooklyn Journal of International Law 449 (2024) |
Thank you for this opportunity to speak on the subject of race and trade in the US--Mexico--Canada Agreement (USMCA). I mean for this presentation to be an introduction to many of the issues that are on my mind as a scholar of investment and trade. It is also an introduction to the work of many others who have thought deeply about the relationships... |
2024 |
|
| Steven W. Bender |
FOREWORD |
47 Seattle University Law Review 1003 (Spring, 2024) |
C1-2Contents Introduction. 1003 I. Situating EPOCH 2023 in Academic Activism Affirming Real Equality. 1008 II. EPOCH Symposium Overview. 1011 III. EPOCH Takeaways: Tensions and Opportunities. 1024 Conclusion. 1026 |
2024 |
|
| Emily Gold Waldman |
FROM GARCETTI TO KENNEDY: TEACHERS, COACHES, AND FREE SPEECH AT PUBLIC SCHOOLS |
11 Belmont Law Review 239 (Spring, 2024) |
Introduction. 239 I. The State of the Law Before Kennedy. 242 A. The Pre-Garcetti Period: A Circuit Split Over the Framework for Teacher Speech. 242 B. Enter Garcetti v. Ceballos. 245 C. The Post-Garcetti Rough Consensus. 246 1. The Teachers Generally Lose. 246 2. Parallels with the Government Speech Doctrine. 248 II. Calling an Audible:... |
2024 |
|
| Katherine Steefel |
FROM WHITEBOARD TO STATEMENT OF PRINCIPLES: THE DEVELOPMENT OF THE ROCKY MOUNTAIN COLLECTIVE ON RACE, PLACE & LAW'S PRINCIPLES |
101 Denver Law Review 455 (Spring, 2024) |
Several weeks into my first fall semester as a faculty member at the University of Denver Sturm College of Law (Sturm), I received an email from Professor Rashmi Goel. The email, addressed to new faculty members, introduced the Rocky Mountain Collective on Race, Place & Law (RPL) and invited us to participate in the group. The barrier to entry was... |
2024 |
|
| Mark Jia |
HIGH THEORY IN CHINESE LAW |
103 Texas Law Review 381 (December, 2024) |
The most contested question in the study of Chinese law is also its most enduring one: How should we characterize China's legal system? In recent years, scholars have advanced numerous theories to explain Chinese law. Some have emphasized legality; others have stressed order; still others have described the system as dual or multi-faceted. This... |
2024 |
|
| Terrell Carter, Rachel López |
IF LIVED EXPERIENCE COULD SPEAK: A METHOD FOR REPAIRING EPISTEMIC VIOLENCE IN LAW AND THE LEGAL ACADEMY |
109 Minnesota Law Review 1 (November, 2024) |
Terrell Carter grew up only a stone's throw from Drexel University, the institution of higher learning where the other coauthor of this Article, Rachel López, would find her academic home years later. Even as a child, Terrell remembers feeling like other institutions that were miles away, like State Correctional Institution Graterford where he... |
2024 |
|
| S. James Anaya , Adrien K. Wing |
INTRODUCTION TO THE SYMPOSIUM ON RABIAT AKANDE, "AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW" |
118 AJIL Unbound 103 (2024) |
Global efforts are underway to formulate a protocol to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that would extend its protections to religious discrimination. With momentum coming from national and international levels, the effort seeks an intersectional approach to address what Rabiat Akande... |
2024 |
|
| Dan Friedman , Barnett Harris |
IS FEDERAL CONGRESSIONAL REDISTRICTING IN MARYLAND GOVERNED BY ARTICLE III, SECTION 4 OF THE STATE CONSTITUTION? AN ANALYSIS OF THE TRIAL COURT DECISION IN SZELIGA v. LAMONE |
83 Maryland Law Review 1261 (2024) |
In Szeliga v. Lamone, a state trial court determined for the first time that Article III, Section 4 of the Maryland Constitution applies to restrict the Maryland General Assembly's power to adopt a plan of congressional redistricting. Using theories of constitutional interpretation including textualism, originalism, comparative constitutional law,... |
2024 |
|
| J.P. Riley |
IS THERE ROOM IN THE CLASSROOM FOR THE FIRST AMENDMENT? DEFINING THE DOCTRINE FOR TEACHERS' CLASSROOM SPEECH |
61 San Diego Law Review 185 (February-March, 2024) |
C1-2Table of Contents Abstract. 186 I. Introduction. 187 II. Restricting Instruction Amidst Judicial Uncertainty. 192 A. State Legislation Regarding Controversial Issues in Public School. 193 1. Summary of Enacted and Active Legislation. 194 B. Teachers' Classroom Speech: Two Analytical Frameworks. 198 1. Government-Employee Speech Analysis. 198 a.... |
2024 |
|
| James Huffman |
LEGAL EDUCATION AND THE RULE OF LAW |
60 California Western Law Review 571 (Spring, 2024) |
C1-3Table of Contents L1-2Introduction . L3571 I. Curriculum. 586 II. Skills Training. 589 III. Absence of philosophical diversity. 593 IV. Law School Missions. 596 L1-2Conclusion . L3604 |
2024 |
|
| Emmanuel Mauleón |
LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY |
112 California Law Review 755 (June, 2024) |
The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... |
2024 |
|
| Jay M. Feinman |
LESSONS OF LEGAL REASONING |
21 Legal Communication & Rhetoric: JALWD 1 (Fall, 2024) |
Legal reasoning--thinking like a lawyer--is the fundamental skill taught and learned in law school, particularly in the first year of law school. For lawyers, legal reasoning is essential to predicting legal outcomes and to advocacy in litigation. In this article, I argue that the lessons of legal reasoning--those taught by professors, learned by... |
2024 |
|