| Author | Title | Citation | Summary | Year | key Terms in Title |
| 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 |
Yes |
| 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 |
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| Carliss Chatman |
CORPORATE HUMAN TRAFFICKING |
102 Texas Law Review 1263 (May, 2024) |
The utilization of the internet for human trafficking and sexual exploitation is not an issue that can be tackled one corporation, one country, or one market sector at a time. It is an international problem that requires broader solutions that can protect and provide remedy to victims without chilling the freedom of speech and freedom of contract... |
2024 |
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| Joshua J. Schroeder |
COURTING OBLIVION PART I: HOW TO PREDICATE AN ACT OF OBLIVION ON THE RIGHT TO MOVE ON |
72 Cleveland State Law Review 805 (2024) |
This is the opener of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness, usually to predicate a second chance, a restart, or even an era of reconstruction. This Article opens the Courting Oblivion series by demonstrating how blind-deaf concepts of justice... |
2024 |
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| Josephine Ross |
CRACKS IN THE "THIN BLUE LINE": POLICING, DEMOCRACY, AND INSURRECTION |
31 Virginia Journal of Social Policy and the Law 243 (Fall, 2024) |
Introduction. 244 I. Park Police Failures on the Mall. 251 A. D.C. Law Gave Police the Power to Stop, Search, and Arrest. 251 B. What Police Knew and When They Knew It. 254 C. Monitor Only. 260 II. The Thin Blue Line and Police Sovereignty. 262 III. Crossing the Blue Line Into the Enemy Camp. 267 A. Race and Insurrection. 267 B. Officers Who... |
2024 |
Yes |
| Benjamin Levin |
CRIMINAL LAW MINIMALISMS |
101 Washington University Law Review 1771 (2024) |
L1-2Table of Contents Introduction. 1772 I. What Should Minimalists Minimize?. 1777 A. The Number of Substantive Criminal Laws. 1779 B. The Reach of Substantive Criminal Law. 1780 C. Carceral Punishment. 1783 D. Policing. 1785 E. Social Control. 1786 F. Structural Inequality. 1788 G. Cultural Tendencies. 1789 II. How Much Should Minimalists... |
2024 |
Yes |
| Steven Arrigg Koh |
CRIMINAL LAW'S HIDDEN CONSENSUS |
101 Washington University Law Review 1805 (2024) |
American criminal law is facing a crisis of meaning. On one hand, the traditional school invokes the archetype of the violent criminal--a murderer, rapist, or thief--who must be prosecuted and punished. On the other hand, the critical school invokes the archetype of the low-level drug offender, sentenced to a draconian prison term for mere... |
2024 |
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| Delphine Brisson-Burns |
CRIMINALIZING RACE: HOW DIRECT AND INDIRECT CRIMINALIZATION OF RACIAL "STATUS" CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT |
21 UC Law Journal of Race and Economic Justice 71 (February, 2024) |
Eighth Amendment Jurisprudence proscribes criminalization based on status. Based on United States Supreme Court case law, for the purposes of this paper, status is understood to mean an ongoing state of being. This paper argues that race is status and thus criminalizing people of color based on race violates the Cruel and Unusual Punishment... |
2024 |
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| 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 |
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| S. Lisa Washington |
CRITICAL FAMILY REGULATION SCHOLARSHIP |
2024 Wisconsin Law Review 1559 (2024) |
Family law scholarship is increasingly reflective of the state's centrality in the lives of marginalized families. One way this shift has taken place is through a focus on the family regulation system. As increased attention is directed towards this system, two competing narratives have emerged. The mainstream narrative describes the family... |
2024 |
|
| Kathleen Kim , Kevin Lapp , Jennifer J. Lee |
CRITICAL IMMIGRATION LEGAL THEORY |
104 Boston University Law Review 1515 (October, 2024) |
U.S. immigration law has always been a place for Americans to enact their many prejudices. Often, it edifies norms that exclude and subordinate noncitizens due to their race, gender, or socioeconomic status. As a result, immigration law and policy create great human suffering through actions such as separating families, excluding refugees, and... |
2024 |
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| Jasmine B. Gonzales Rose |
CRITICAL RACE THEORY AS LEGAL EPISTEMIC JUSTICE |
104 Boston University Law Review 1295 (September, 2024) |
C1-2Contents Introduction. 1296 I. Critical Race Theory: Truth, Fearmongering, and Promise. 1297 A. What Is Critical Race Theory?. 1297 B. What Are the Attacks on CRT?. 1297 C. Why Is CRT Under Attack?. 1301 II. The Epistemic Injustice of Silencing CRT. 1303 A. Hermeneutical Injustice. 1304 B. Testimonial Injustice. 1306 C. Legal Epistemic... |
2024 |
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| John Beaty |
CRITICAL RACE THEORY IN THE CLASSROOM: IOWA'S CRITICAL RACE THEORY BAN AND THE LIMITS OF THE FIRST AMENDMENT |
27 Journal of Gender, Race and Justice 137 (Winter, 2024) |
In 2019, Critical Race Theory (CRT) moved from the pages of law journals to the front page of the newspaper and became the centerpiece of a partisan political battle over the classroom. In response, several states have passed laws to ban CRT from the classroom. Iowa's CRT ban directly regulates speech about race in K-12 classrooms and one Iowa... |
2024 |
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| Edward R. Maguire , David H. F. Tyler , Natasha Khade , Victor Mora |
CROWD REACTIONS TO THE POLICE USE OF FORCE AT THE 2017 PHOENIX TRUMP RALLY |
30 Psychology, Public Policy, and Law 223 (May, 2024) |
This study examines crowd reactions to police use of force at a protest outside of a 2017 campaign-style rally held by U.S. President Donald Trump in Phoenix, Arizona. We rely on a mixed-method analysis that draws on three primary data sources: direct observations, video footage of the protest, and interviews with protesters. We use thematic... |
2024 |
Yes |
| Ilan Friedmann-Grunstein |
CURING TERRY'S COLORBLINDNESS |
76 Oklahoma Law Review 1025 (Summer, 2024) |
Scholars, policymakers, and advocates have long bemoaned the Supreme Court's colorblind Fourth Amendment jurisprudence. The Court has alternatively ignored or condoned racially discriminatory searches and seizures, allowing government agents to engage in widespread racial profiling. Proposed reforms have typically focused on doctrinal solutions... |
2024 |
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| Melodi H. Dinçer |
DATA JUSTICE READINESS: AN ABOLITIONIST FRAMEWORK FOR TECH CLINIC INTAKE |
31 Clinical Law Review 153 (Fall, 2024) |
Within two decades, the tech industry has turned most of modern life into a real-time data stream, reducing human beings into trackable datasets. Gaps in government services--including benefits administration, education, transportation, and public health--have created new market opportunities for tech companies to profit off product solutions that... |
2024 |
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| Kate Sablosky Elengold |
DEBT, RACE, AND PHYSICAL MOBILITY |
112 California Law Review 833 (June, 2024) |
Residents in every state in the United States can lose their driver's license or car registration because they owe debt to the state. At least eleven million people across the United States suffer these debt-based driving restrictions at any given time. Because Americans overwhelmingly rely on personal automobiles for transportation, states, by... |
2024 |
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| 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 |
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| 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 |
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| Lackland H. Bloom, Jr. |
DEFIANCE |
55 Saint Mary's Law Journal 641 (2024) |
L1-2Introduction . L3643 I. English Antecedents. 645 II. The American Revolution. 650 III. Shay's Rebellion. 654 IV. Defiance of the Marshall Court. 656 A. M'Culloch v. Maryland. 656 B. Cherokee Nation Decisions. 657 V. The Nullification Crisis. 659 VI. Religious and Ethnic Incidents Prior to the Civil War. 660 VII. The Abolitionist Movement. 661... |
2024 |
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| Kenneth R. Davis |
DEI HARD: THE FUTURE OF DEI AFTER STUDENTS FOR FAIR ADMISSIONS v. HARVARD COLLEGE |
103 Oregon Law Review 1 (2024) |
Introduction. 3 I. The Students for Fair Admissions Decision. 8 A. Chief Justice Roberts's Majority Opinion. 8 1. The Admissions Procedures at Harvard and UNC. 8 2. A Rebuke of Past Racism. 9 3. Colorblindness. 10 4. The Bakke and Grutter Decisions. 10 5. The Constitutional Infirmities of the Harvard and UNC Admissions Programs. 11 6. A Narrow... |
2024 |
|
| Joshua D. Blank , Leigh Osofsky |
DEMOCRATIC ACCOUNTABILITY AND TAX ENFORCEMENT |
61 Harvard Journal on Legislation 251 (Summer, 2024) |
One of the most powerful charges that can be leveled against the IRS is that it is targeting taxpayers. Charges of political targeting have dogged the IRS for over a century, including in major controversies such as the alleged Tea Party auditing scandal in 2013. Commentators and scholars have long critiqued the IRS for focusing audit resources on... |
2024 |
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| 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 |
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| 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 |
Yes |
| 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 |
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| Joshua M. Alpert |
DISABILITY CRIMINAL PROCEDURE: AN EXPLORATION OF HOW AND WHY DISABILITY LAW REGULATES THE CARCERAL SYSTEM |
29 Texas Journal on Civil Liberties & Civil Rights 219 (Spring, 2024) |
The Supreme Court's 1998 decision in Pennsylvania Department of Corrections v. Yeskey, paved the way for Title II of the Americans with Disabilities Act and § 504 of the Rehabilitation Act's (collectively disability law) to regulate the carceral system. Contrastingly, these past few decades the Court has cut back the rights and available remedies... |
2024 |
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| Benjamin A. Barsky , Craig Konnoth , Michael Ashley Stein |
DISABILITY, RACE, AND HEALTH BEYOND THE CARCERAL STATE |
122 Michigan Law Review 1261 (April, 2024) |
Embodied Injustice: Race, Disability, and Health. By Mary Crossley. Cambridge; New York: Cambridge University Press. 2022. Pp. xi, 246. $34.99. In Embodied Injustice: Race, Disability, and Health (Embodied Injustice), Professor Mary Crossley argues that attending to race-and-disability intersections (at both individual and social movement... |
2024 |
|
| Tania N. Valdez |
DISABILITY, RACE, AND IMMIGRATION: THE INTERSECTIONAL IMPACT OF POLICING |
65 Boston College Law Review 1981 (June, 2024) |
Introduction. 1983 I. Background. 1989 A. Key Definitions. 1989 B. The Current Mental Health Care Crisis. 1992 C. Mental Illness & Policing. 1996 1. Roots of Police Violence. 1996 2. Case Studies. 1999 3. An Introduction to Intersectionality's Effect on Policing Outcomes. 2002 II. An Overlooked Intersecting Issue: How Noncitizens with Disabilities... |
2024 |
Yes |
| 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 |
|
| Meirav Furth-Matzkin |
DISCRIMINATION IN CONTRACTUAL PERFORMANCE: THEORY, EVIDENCE, AND PRELIMINARY POLICY PRESCRIPTIONS |
99 Washington Law Review 1165 (December, 2024) |
Abstract: This Article examines the often-overlooked practice of selective performance of standard form consumer contracts--where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about... |
2024 |
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| Cierra B. Robson |
DISMANTLING THE MASTER'S ALGORITHM: UNDERSTANDING DEFENSE ATTORNEY USE OF ALGORITHMIC RECOMMENDATION TOOLS USING N. K. JEMISIN'S RED DIRT WITCH |
112 Georgetown Law Journal 1469 (June, 2024) |
Across the United States, algorithmic tools are proliferating throughout the criminal legal system, with more than 3,000 jurisdictions in the United States using some sort of predictive technology to determine where police should be deployed, who should be arrested, how long defendants should be detained, whether someone is eligible for parole, and... |
2024 |
Yes |
| Nicole Tuchinda |
DISPROPORTIONATE SCHOOL BRUTALITY UPON BLACK CHILDREN |
112 Kentucky Law Journal 113 (2023-2024) |
Table of Contents. 113 Abstract. 114 Introduction. 114 I. The Harmful Disproportionality of School Brutality Upon Black Children. 122 A. The General Harm of School Brutality. 122 B. Statistics on the Disproportionality. 125 C. The Racial Health Injustice. 130 II. Understanding the Disproportionality. 132 A. The Legacy of Slavery. 133 B. The Legacy... |
2024 |
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| María P. Angel , Ryan Calo |
DISTINGUISHING PRIVACY LAW: A CRITIQUE OF PRIVACY AS SOCIAL TAXONOMY |
124 Columbia Law Review 507 (March, 2024) |
What distinguishes privacy violations from other harms? This has proven a surprisingly difficult question to answer. For over a century, privacy law scholars labored to define the elusive concept of privacy. Then they gave up. Efforts to distinguish privacy were superseded at the turn of the millennium by a new approach: a taxonomy of privacy... |
2024 |
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| Evelyn Lia Malavé |
DISTORTED NARRATIVES IN THE TREATMENT PROGRAM COMPLEX |
93 Fordham Law Review 843 (December, 2024) |
Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants' involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the treatment program complex have tended to focus on how... |
2024 |
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| Christina Mulligan |
DIVERSE ORIGINALISM, HISTORY & TRADITION |
99 Notre Dame Law Review 1515 (June, 2024) |
The Supreme Court's New York State Rifle & Pistol Ass'n v. Bruen decision appears to be an originalist opinion, ostensibly looking for the meaning of the Constitution's text by looking to the public's understanding of the language used. But Bruen's test actually fails to follow a public meaning originalist methodology. The Court focuses present-day... |
2024 |
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| Deborah Hellman |
DIVERSITY BY FACIALLY NEUTRAL MEANS |
110 Virginia Law Review 1901 (December, 2024) |
The decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFFA), invalidating the use of race in college admissions, reignites a pressing and critical question. Is the deliberate use of facially neutral means to achieve racial diversity constitutionally permissible? The problem is that current equal protection doctrine... |
2024 |
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| W. Robert Thomas |
DOES THE STATE HAVE AN OBLIGATION NOT TO ENFORCE THE LAW? |
101 Washington University Law Review 1883 (2024) |
C1-2Table of Contents Introduction. 1884 I. Toward a Duty Against Maximal Enforcement: Making Sense of the State's Competing Obligations to Enforce, and Not Enforce, the Law. 1886 A. The State's (Qualified) Duty to Enforce the Law. 1886 B. The State's Obligation Not to (Maximally) Enforce the Law. 1892 1. Too Much Enforcement Is Inefficient. 1894... |
2024 |
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| Jasmine Marchbanks-Owens |
DON'T FORGET ABOUT ME: THE EPIDEMIC AND ERASURE OF VIOLENCE AGAINST BLACK WOMEN AND THE POWER OF THE ENFORCEMENT CLAUSE OF THE THIRTEENTH AMENDMENT |
8 Howard Human & Civil Rights Law Review 163 (2023-2024) |
C1-3Table of Contents L1-2Introduction . L3164 I. Power of the Thirteenth Amendment Enforcement Clause. 167 A. Badges and Incidents. 168 B. Rational Determination Standard and the Power of Jones. 170 C. Current Legal Standard. 171 II. Enslavement: The Badges and Incidents. 172 A. Black Women: Then and Now. 173 III. Identifying Violence Against... |
2024 |
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| Sean A. Hill II |
DRUG CRIMES: THE CASE FOR ABOLITION |
21 Ohio State Journal of Criminal Law 177 (September, 2024) |
Nonwhite communities experience higher rates of arrest, prosecution, and incarceration than white communities for drug offenses, and these disparities have persisted even in the wake of decriminalization and legalization. Although a diverse array of political stakeholders increasingly agree that drug policies should be reformed, they are nearly... |
2024 |
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| Emi MacLean |
EMBRACING "TOO MUCH JUSTICE": REALIZING THE POTENTIAL OF THE CALIFORNIA RACIAL JUSTICE ACT |
29 Berkeley Journal of Criminal Law 89 (2024) |
Introduction. 89 I. Early Legal Victories. 91 II. Unique Challenges of Disparity-Based Claims Under the RJA. 94 III. Importance of Prosecutorial Transparency for the Implementation of the Racial Justice Act. 95 IV. Bridging the Chasm Between Defense Practitioners and Data Analysts. 99 Conclusion: The Tremendous Potential of the Law, Beginning to Be... |
2024 |
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| Lori E. Andrus |
EQUAL JUSTICE FOR ALL |
60-SEP Trial 6 (September, 2024) |
AAJ fights every day so that plaintiffs in civil rights cases can seek and obtain justice. Our trial lawyer community truly is the voice of the voiceless. Our members take on all manner of civil rights cases, from police brutality, to race discrimination, to anti-bullying matters, to employment discrimination-- and beyond. The common thread among... |
2024 |
Yes |
| Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore |
ESTABLISHING A FUTURE-PROOF FRAMEWORK FOR AI REGULATION: BALANCING ETHICS, TRANSPARENCY, AND INNOVATION |
25 Transactions: The Tennessee Journal of Business Law 253 (Spring, 2024) |
Imagine that you are sitting at home feeling sick. Instead of calling your doctor and waiting weeks or even months for an appointment or going to urgent care for faster service, you pick up your smartphone, which scans your face and body, diagnoses your illness, sends an autonomous ambulance to pick you up, alerts the appropriate medical staff at... |
2024 |
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| Allison Durkin |
ESTIMATING A FACE: WHAT PREDICTING APPEARANCE FROM DNA REVEALS ABOUT THE NEED TO REGULATE GENETIC INVESTIGATIONS |
101 Washington University Law Review 1241 (2024) |
Reliance on flawed forensic disciplines has placed innocent people in prison with alarming frequency. In the past thirty years, forensic science has contributed to half of all the wrongful convictions that the Innocence Project has exposed, and one-quarter of all known wrongful convictions in the United States. One of the few forensic disciplines... |
2024 |
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| Larisa G. Bowman |
EVICTION ABOLITION |
55 Loyola University Chicago Law Journal 541 (Spring, 2024) |
This Article contends that today's eviction crisis in the United States is the civil equivalent of mass incarceration. Eviction, like mass incarceration, is a racialized and gendered system of social control heavily supervised by the state. State court judges order evictions, and law enforcement officers execute them. Eviction's mechanisms of... |
2024 |
Yes |
| 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 |
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| Pamela R. Goodwine |
FIGHTING DEATH: A CRITIQUE OF KENTUCKY'S DEATH PENALTY SYSTEM |
112 Kentucky Law Journal 511 (2023-2024) |
Table of Contents. 511 Introduction. 512 I. Kentucky's Current Death Row Population. 522 II. The 2006 APA Litigation Challenging Kentucky's Execution Protocols. 525 A. 2006 Through 2018: The Outset of the Case Through DOC's Attempts to Amend the Execution Regulations.. 525 B. 2018 to the Present: Jurisprudential Developments Regarding the... |
2024 |
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| Jordan Weeks |
FILLING THE POTHOLES OF PRETEXTUAL TRAFFIC STOPS: A BETTER ROAD FORWARD FOR OHIO |
72 Cleveland State Law Review 475 (2024) |
The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against unreasonable searches and seizures. But what does reasonable mean in the context of a traffic stop? In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing,... |
2024 |
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| Jane R. Bambauer |
FILTERED DRAGNETS AND THE ANTI-AUTHORITARIAN FOURTH AMENDMENT |
97 Southern California Law Review 571 (March, 2024) |
Filtered dragnets are digital searches that identify a suspect based on the details of a crime. They can be designed to withhold information from law enforcement unless and until there is a very high probability that the individual has committed the offense. Examples today include DNA matching, facial recognition from photographs or video of a... |
2024 |
Yes |
| Jacob D. Charles |
FIREARMS CARCERALISM |
108 Minnesota Law Review 2811 (June, 2024) |
Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun offenders. This Article... |
2024 |
Yes |
| John M. Kang |
FIRST AMENDMENT FETISHISM |
2024 Utah Law Review 679 (2024) |
The Supreme Court, starting in 1971, has lit upon a reckless path of protecting speech that is, by any reasonable measure, appallingly vulgar, emotionally hurtful, and dangerous. Against the wishes of the community, the Court has protected a roster of extremely offensive speech: a rageful repetition of the F-word uttered by a teacher before... |
2024 |
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