Author | Title | Citation | Summary | Year | key Terms in Title or Summary |
Natalie Nanasi |
RECONCILING DOMESTIC VIOLENCE PROTECTIONS AND THE SECOND AMENDMENT |
59 Wake Forest Law Review 131 (2024) |
In March of 2023, the Fifth Circuit Court of Appeals held that individuals subject to domestic violence protective orders could not be required to give up their guns. The decision was the first of a federal appellate court to overturn a firearm regulation pursuant to New York State Rifle & Pistol Association v. Bruen, a 2022 Supreme Court opinion... |
2024 |
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Bennett Capers , Gregory Day |
RECONSTRUCTION, AND THE UNFULFILLED PROMISE OF ANTITRUST |
109 Minnesota Law Review 341 (November, 2024) |
Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from... |
2024 |
|
Benjamin Levin , Kate Levine |
REDISTRIBUTING JUSTICE |
124 Columbia Law Review 1531 (June, 2024) |
This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... |
2024 |
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Amanda Alexander, J.D., Ph.D., Tolulope Sonuyi, M.D., M.Sc. |
REDUCING COMMUNITY VIOLENCE & INCARCERATION: INSIGHTS FROM A HEALTH-JUSTICE PARTNERSHIP IN DETROIT |
42 Yale Law and Policy Review 773 (Spring, 2024) |
Community violence is the leading cause of death for young adults in Detroit. Our community and others across the country desperately require solutions that center the needs of violence survivors and interrupt cycles of violence, reinjury, retaliation, incarceration, and premature death. Most cities have confronted the problem of community violence... |
2024 |
|
Colin Schaeffer |
REDUCING POLICE ESCALATION IN THE USE OF FORCE: TRAINING POLICE OFFICERS IN MARTIAL ARTS |
16 University of St. Thomas Journal of Law & Public Policy 828 (April, 2024) |
Police use of force is often under intense scrutiny, particularly when that use of force involves a firearm or other method that leads to the death or serious bodily injury of a suspect. One method to reduce the use of firearms and other deadly uses of force, I will argue, is the implementation of greater martial arts training for police. Martial... |
2024 |
Yes |
Corey Stoughton |
REFLECTIONS OF A NON-ABOLITIONIST ADMIRER OF THE POLICE ABOLITION MOVEMENT |
30 Washington and Lee Journal of Civil Rights and Social Justice 227 (Spring, 2024) |
C1-2Table of Contents I. Abolition and Reform: The Debate on the Ground. 229 II. The Abolitionist Critique Has Exposed Weak Reformism and Inspired Better Reform.. 234 |
2024 |
Yes |
Stephanie Holmes Didwania |
REGRESSIVE WHITE-COLLAR CRIME |
97 Southern California Law Review 299 (February, 2024) |
Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called white-collar prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the... |
2024 |
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Ronald J. Krotoszynski, Jr. , Caprice L. Roberts |
REIMAGINING FIRST AMENDMENT REMEDIES |
109 Iowa Law Review 911 (March, 2024) |
ABSTRACT: Since the Warren Court's landmark First Amendment decisions of the 1960s, the Supreme Court has aggressively deployed the Free Speech Clause to provide broad substantive protections for expressive freedoms. These rules, in theory, should effectively safeguard the marketplace of political ideas and facilitate both speaker and audience... |
2024 |
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Naomi Levy, Amy E. Lerman, Peter Dixon |
REIMAGINING PUBLIC SAFETY: DEFINING "COMMUNITY" IN PARTICIPATORY RESEARCH |
49 Law and Social Inquiry 68 (February, 2024) |
In the context of a national movement to defund police departments, many American cities are starting to reimagine public safety, as activists demand new practices that maintain safety while minimizing harm, as well as ensuring accountability when harms occur. Drawing on Everyday Peace Indicators methodologies, we argue that community-centered... |
2024 |
Yes |
Joseph Berra, S. Priya Morley |
REIMAGINING RIGHTS IN THE AMERICAS |
28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) |
C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... |
2024 |
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Anna Offit |
REIMAGINING THE INCLUSIVE JURY |
57 U.C. Davis Law Review 2691 (April, 2024) |
At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable-- even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this... |
2024 |
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Jordan Blair Woods |
REIMAGINING TRAFFIC FINES AND FEES |
14 UC Irvine Law Review 936 (September, 2024) |
Traffic tickets can be big business for government. Every year, traffic tickets generate hundreds of millions, if not billions, of dollars in revenue for state and local governments nationwide. That revenue is then allocated to support a wide variety of government programs, some of which have nothing to do with traffic violations. The burdens of... |
2024 |
|
Ali Fraerman |
RELYING ON UNRELIABLE TECH: UNCHECKED POLICE USE OF ALGORITHMIC TECHNOLOGIES |
40 Santa Clara High Technology Law Journal 115 (2023-2024) |
In the past two decades, police forces have come to rely on algorithm-based technologies for investigative leads. Several of these technologies are unreliable. They are prone to error, misidentifying suspects, and crimes. When relied upon, they lead to false arrests and unnecessary stop-and-frisks. Yet, there is no coercive mechanism, either... |
2024 |
Yes |
James Dykman |
REMOVING BAD APPLES: ENDING GRIEVANCE ARBITRATION OVER PENNSYLVANIA STATE POLICE TROOPER DISCIPLINE |
96 Temple Law Review 283 (Winter, 2024) |
Despite assurances that the only problem with American policing is that there are a few bad apples, police departments nationwide seem less capable than ever of plucking bad apple officers from their ranks. Scholars attribute this inability to remove officers to many sources, including shoddy internal investigations; police union collective... |
2024 |
Yes |
Jane K. Stoever |
REMOVING THE BIAS OF CRIMINAL CONVICTIONS FROM FAMILY LAW |
35 Yale Journal of Law & Feminism 1 (2024) |
Abstract: What happens when a legal system reduces a person to a record of arrests and prosecutions and prioritizes that information in family court? And what are the implications when this legal system is rooted in racism; disproportionately arrests, charges, and sentences people of color; and increasingly criminalizes domestic violence survivors?... |
2024 |
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Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
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Isabel Jones |
REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY |
112 California Law Review 969 (June, 2024) |
The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... |
2024 |
Yes |
Lauren van Schilfgaarde |
RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION |
112 California Law Review 103 (February, 2024) |
For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... |
2024 |
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Farhang Heydari |
RETHINKING FEDERAL INDUCEMENT OF PRETEXT STOPS |
2024 Wisconsin Law Review 181 (2024) |
Few topics in policing have received more attention than pretextual traffic stops--traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded... |
2024 |
Yes |
Alec Soghomonian |
RETHINKING HINDSIGHT: THE FAILED INTERPRETATION OF GRAHAM v. CONNOR |
47 New York University Review of Law and Social Change 455 (2024) |
Introduction. 456 II. The Development of Excessive Force Standards. 458 A. Supreme Court Precedent: Tennessee v. Garner & Graham v. Connor. 458 B. The Circuit Split: What Constitutes Reasonableness?. 463 III. Adopting the Capacious Rule in Non-Lethal Excessive Force Cases: Why the Ninth and Tenth Circuits Are Correct. 468 A. Responding to... |
2024 |
|
Paul H. Robinson , Jeffrey Seaman , Muhammad Sarahne |
RETHINKING THE BALANCE OF INTERESTS IN NON-EXCULPATORY DEFENSES |
114 Journal of Criminal Law and Criminology 1 (Winter, 2024) |
Most criminal law defenses serve the criminal law's goal of shielding blameless defendants from liability. Justification defenses, such as self-defense and law enforcement authority, exculpate on the ground that the defendant's conduct, on balance, does not violate a societal norm. Excuse defenses, such as insanity and duress, exculpate on the... |
2024 |
Yes |
Aliza Hochman Bloom |
REVIVING REHABILITATION AS A DECARCERAL TOOL |
101 Washington University Law Review 1989 (2024) |
After advocates argued that circumstances attendant to late adolescent offenders make them less culpable for their offenses and better disposed to rehabilitation, the Massachusetts Supreme Judicial Court (SJC) held in January 2024 that it is unconstitutional to sentence eighteen-to-twenty-year-olds to life without parole. Last summer, Connecticut... |
2024 |
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|
RIGHT TO A JURY TRIAL |
53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2024 |
|
Ava Ayers |
SANCTUARY WITHOUT RESISTANCE |
28 Lewis & Clark Law Review 1 (2024) |
Activist movements that embrace the idea of sanctuary for noncitizens are rich with narratives of resistance. These narratives vary; some sanctuary advocates pursue resistance only to specific federal immigration policies, while others offer more radical critiques that challenge the very legitimacy of U.S. immigration law. But when local and state... |
2024 |
|
Priya Baskaran |
SEARCHING FOR JUSTICE: INCORPORATING CRITICAL LEGAL RESEARCH INTO CLINIC SEMINAR |
30 Clinical Law Review 227 (Spring, 2024) |
This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justiceoriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal... |
2024 |
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Osagie K. Obasogie |
SECTION 1983 AND POLICE USE OF FORCE: TOWARDS A CIVIL JUSTICE FRAMEWORK |
112 California Law Review 1001 (June, 2024) |
Conversations about police use of force have peaked in recent years as social movements and the increased visibility of police killings have led to demands for change and accountability. Unfortunately, criminal prosecutions are rare, which has led victims and their families to seek justice through civil actions. 42 U.S.C. § 1983 is the most common... |
2024 |
Yes |
John R. Hitt |
SEDITION HUNTERS: HOW JANUARY 6TH BROKE THE JUSTICE SYSTEM, BY RYAN J. REILLY (PUBLIC AFFAIRS -- HACHETTE BOOK GROUP) 2023, 467 PAGES |
105 Massachusetts Law Review 60 (December, 2024) |
A republic, if you can keep it was Benjamin Franklin's response to Elizabeth Willing Powel's September 1787 question: Well, Doctor, what have we got, a republic or a monarchy? Ryan J. Reilly's book tells the story of a group of individuals who took it upon themselves to help retain our republic at a moment when law enforcement seemed... |
2024 |
Yes |
Erin Sheley |
SELF-DEFENSE AND POLITICAL RAGE |
11 Texas A&M Law Review 591 (Spring, 2024) |
This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions,... |
2024 |
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Ekow N. Yankah |
SHOULD RACIALLY VULNERABLE VICTIMS SHOW MERCY? |
102 Texas Law Review 1515 (June, 2024) |
On June 17, 2015, twenty-one-year-old Dylann Roof entered the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, sat, and prayed with nine congregants for at least an hour before pulling out a handgun and killing Cynthia Hurd, Susan Jackson, Ethel Lance, DePayne Middleton-Doctor, State Senator Rev. Clementa Pinckney, Tywanza... |
2024 |
|
Lauren J. Yu |
SHUTTING OUT NOISE AND UNDERSTANDING ARTIFICIAL INTELLIGENCE |
122 Michigan Law Review 1355 (April, 2024) |
Noise: A Flaw in Human Judgment. By Daniel Kahneman, Olivier Sibony and Cass R. Sunstein. New York: Little, Brown Spark. 2021. Pp. ix, 454. Hardcover, $32; paper, $21.99. You Look Like a Thing and I Love You: How Artificial Intelligence Works and Why It's Making the World a Weirder Place. By Janelle Shane. New York: Voracious. 2019. Pp. 259.... |
2024 |
|
Yvette Butler |
SILENCING THE SEX WORKER |
71 UCLA Law Review 726 (September, 2024) |
This Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form... |
2024 |
|
Lauren Getman |
SIMEONE v. WALT DISNEY COMPANY: HOW "THE MAGIC KINGDOM OF WOKE CORPORATISM" FOUND PROTECTION IN DELAWARE COURT UNDER 8 DEL. C. § 220 |
69 Villanova Law Review: Tolle Lege 33 (2024) |
Woke corporations, as termed by certain Republican elected officials, are those that embrace progressive racial and social justice policies. As the United States grappled with the COVID-19 pandemic and work environments shifted to the home, political and social issues entered the workplace. With protests against racial injustice, police... |
2024 |
Yes |
Nermeen Arastu, Qudsiya Naqui |
STANDING ON OUR OWN TWO FEET: DISABILITY JUSTICE AS A FRAME FOR REIMAGINING OUR ABLEIST IMMIGRATION SYSTEM |
71 UCLA Law Review 236 (April, 2024) |
Ableism forms the scaffolding of our immigration laws, policies, and practices, but the operation of this pervasive form of exclusion has been grossly unacknowledged and understudied until now. In 1882, Congress first codified the exclusion of defective bodies by declaring that, any lunatic, idiot, or any person unable to take care of himself or... |
2024 |
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Heather Pruss , Marla Sandys |
STEPS TO UNCOVERING BIAS |
39-SPG Criminal Justice 40 (Spring, 2024) |
Talking about race and racism can be difficult. But attorneys and judges tasked with vetting jurors who serve on criminal cases must undertake this work if they are committed to our Sixth Amendment right to a fair trial. The fact is we have a criminal justice system that produces racially disparate outcomes. There are a plethora of explanations for... |
2024 |
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Stefan H. Krieger |
STORIES OF MY GREAT-GRANDFATHER'S MURDER |
21 Legal Communication & Rhetoric: JALWD 27 (Fall, 2024) |
I am not sure how old I was, but I vividly remember my father telling me the story when I was fairly young of how his grandfather, sleeping in bed one night with his son, was viciously murdered in his sleep by an intruder bludgeoning his head with a piece of scrap iron. That story of the murder of my great-grandfather, Yomtov (Jacob) Schoenberg in... |
2024 |
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Charles S. Bullock, III , Charles M. Lamb |
STRENGTHENING AMERICAN FAIR HOUSING ENFORCEMENT: A PROPOSAL |
28 U.C. Davis Social Justice Law Review 169 (Summer, 2024) |
C1-2Table of Contents Abstract. 171 Introduction. 172 I. Enduring Problems and the Legal Response. 173 II. The Fair Housing Act and Its Enforcement. 175 III. The Amazing Rise and Decline of FHAP Agencies. 180 IV. Why Strengthen Enforcement Using FHAP?. 185 A. Broader Coverage of Protected Groups. 186 B. More Enforcement Tools. 188 C. Stronger... |
2024 |
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Steven A. Ramirez |
STUDENTS FOR FAIR ADMISSIONS: AFFIRMING AFFIRMATIVE ACTION AND SHAPESHIFTING TOWARDS COGNITIVE DIVERSITY? |
47 Seattle University Law Review 1281 (Spring, 2024) |
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court's majority opinion never intimates that it overrules Grutter v. Bollinger, the Court's leading... |
2024 |
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Renagh O'Leary |
SUPERVISING SENTENCING |
57 U.C. Davis Law Review 1931 (February, 2024) |
Community supervision agencies and officers do not just supervise people on probation and parole. They also play a unique and privileged role at sentencing. In nearly every state, community supervision officers investigate and write the presentence report, which is often the judge's primary source of information about the defendant and the crime of... |
2024 |
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LeRoy Pernell |
SUPPRESSING LEARNING ABOUT RACE AND LAW: A NEW BADGE OF SLAVERY - A BRIEF COMMENTARY |
29 National Black Law Journal 1 (2024) |
Professor of Law, Florida Agricultural and Mechanical University College of Law, Professor Emeritus, Northern Illinois University College of Law, J.D. The Ohio State University College of Law (1974), B.A. Government, Franklin and Marshall College, (1971). C1-2Table of Contents The National War on Learning About Race and Law. 4 Silenced Like a Slave... |
2024 |
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Prof. Daniel D. Blinka, Prof. Thomas J. Hammer |
SUPREME COURT DIGEST |
97-JUN Wisconsin Lawyer 66 (June, 2024) |
HOLDING: The petitioner received due process under Wisconsin law and the U.S. Constitution in his termination as a police officer. SUMMARY: Erik Andrade, formerly a Milwaukee police officer, challenged his termination from employment. The termination was based on a series of posts and comments he made on Facebook that garnered significant local and... |
2024 |
Yes |
Yvette Butler |
SURVIVAL LABOR |
112 California Law Review 403 (April, 2024) |
This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in... |
2024 |
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Tiffany Williams Brewer |
TAKING OUR POSITION: REPAIRING THE BREACH IN THE PIPELINE TO THE LEGAL PROFESSION BY TRANSFORMING THE IMPACT OF BIAS AGAINST BLACK GIRLS IN STUDENT DISCIPLINE |
11 Belmont Law Review 306 (Spring, 2024) |
This Article implores the legal profession to intervene in promoting accountability in remediating implicit bias and discrimination in school discipline decisions disproportionately impacting Black girls' educational outcomes, given their significant impact in disrupting the pipeline to the legal profession. The lack of accountability for disparate... |
2024 |
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Jennifer D. Oliva , Taleed El-Sabawi |
THE "NEW" DRUG WAR |
110 Virginia Law Review 1103 (September, 2024) |
American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the supply of drugs that are labeled as dangerous and addictive. The decisions as to which drugs fall... |
2024 |
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Naomi Jewel Mezey |
THE (STILL) UNEXPLORED POSSIBILITIES OF A POETICS OF LAW |
35 Yale Journal of Law & the Humanities 321 (2024) |
In this contribution to the symposium celebrating the Fiftieth Anniversary of James Boyd White's The Legal Imagination, I have accepted White's invitation in the last chapter of his magisterial book to think about poems and judicial opinions as compatible acts of imagination and meaning making. White asks brilliant questions, and his book is full... |
2024 |
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Laura Cohen |
THE ANTI-RACIST IMPERATIVE OF INFANCY |
19 Northwestern Journal of Law & Social Policy 177 (Spring, 2024) |
In 2019, a widely disseminated video of the arrest of a six-year-old girl in her Florida elementary school provoked outrage across the country. The footage shows the girl sobbing as an armed police officer in full uniform and bullet-proof vest handcuffs and leads her from the principal's office to a waiting patrol car. Her crime was having a temper... |
2024 |
Yes |
Morenike Fajana, Katrina Feldkamp, Allison Scharfstein |
THE ANTI-TRUTH MOVEMENT IN CONTEXT: RETHINKING THE FIGHT FOR TRUTH AND INCLUSIVE EDUCATION |
16 Drexel Law Review 787 (2024) |
The right to access information and freely express oneself is among the cornerstones of our democracy and Black political power. The racial justice uprisings of 2020 saw an expansion of Black political participation and power, as millions of Black Americans and allies protested police murders, advocated for equitable healthcare and economic... |
2024 |
Yes |
Dane D. Norvell II |
THE APPROPRIATION OF BLACK POSTMORTEM RIGHTS OF PUBLICITY IN THE AGE OF POLICE BRUTALITY |
93 Mississippi Law Journal 1223 (2024) |
Introduction. 1224 II. The Right of Publicity. 1226 A. From Private to Economic: The Development of a Right of Publicity. 1226 B. In Death It Shall Not Part: The Postmortem Extension of Publicity Rights. 1230 C. Jurisdictional Free for All. 1233 III. The Need for Expansion. 1237 A. A Lack of State Uniformity Necessitates Federal Intervention. 1238... |
2024 |
Yes |
Maneka Sinha |
THE AUTOMATED FOURTH AMENDMENT |
73 Emory Law Journal 589 (2024) |
Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations... |
2024 |
Yes |
Luca Azzariti Crousillat |
THE BADGES AND INCIDENTS OF CAPITAL PUNISHMENT |
103 Texas Law Review 459 (December, 2024) |
In the spirit of Toni Morrison's Sula, this Note calls for reclaiming justice not as a static ideal but as an ongoing commitment to dismantling systemic oppression. Capital punishment remains a stark vestige of slavery in the United States, perpetuating institutionalized discrimination, cultural trauma, and systemic barriers to equality. This Note... |
2024 |
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Dave Hall , Brad Areheart |
THE BIAS PRESUMPTION |
112 Georgetown Law Journal 749 (April, 2024) |
The American workplace is a fractured sphere of public life, in which white men often wield power at the expense of women and people of color. However, that power imbalance is no longer fully imbued with the active animus that characterized the first few centuries of American life; now, much of the damage done by discrimination is done structurally... |
2024 |
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