AuthorTitleCitationSummaryYearkey Terms in Title
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Daanika Gordon , Associate Professor, Department of Sociology, Tufts University, Medford, MA, United States, Email: daanika.gordon@tufts.edu THE BOUNDARIES OF TWENTY-FIRST-CENTURY POLICING 49 Law and Social Inquiry 2547 (November, 2024) Cheng, Tony. The Policing Machine: Enforcement, Endorsements, and the Illusion of Public Input. Chicago: University of Chicago Press, 2024 Phelps, Michelle. The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America. Princeton, NJ: Princeton University Press, 2024 Sierra-Arévalo, Michael. The Danger Imperative: Violence,... 2024 Yes
Thomas J. Miceli, Kathleen Segerson, Department of Economics, University of Connecticut, Storrs, USA THE BROKEN-WINDOWS THEORY OF CRIME: A BAYESIAN APPROACH 80 International Review of Law & Economics 1 (December, 2024) JEL Classifications: K14 K42 Key words: Crime law enforcement broken-windows theory The broken-windows theory of crime is based on the idea that aggressive enforcement of petty crimes, like misdemeanors, will have a deterring effect on would-be perpetrators of more serious crimes. This paper develops a model of this theory that depends on three... 2024 Yes
Avlana K. Eisenberg THE CASE FOR MERCY IN POLICING AND CORRECTIONS 102 Texas Law Review 1409 (June, 2024) One tends to think of mercy as something that judges and chief executives occasionally dole out to convicted offenders. This picture is seriously incomplete. Many others are in a position to be merciful--from police on the street to corrections officers in a prison. In short, anyone who has power to inflict something disagreeable on another person... 2024 Yes
Julia Steggerda-Corey THE CASE FOR NCAA LIABILITY FOR SPECTATOR RACIAL HARASSMENT OF ATHLETES 31 Jeffrey S. Moorad Sports Law Journal 1 (2024) Introduction. 1 I. The History of Spectator Harassment. 5 A. The NCAA's Role in Supporting & Protecting Athletes. 12 B. The Role of Member Institutions in Supporting & Protecting Athletes. 13 C. The Joint Responsibility of the NCAA & Member Institutions. 17 II. The Athlete Experience. 19 A. Managing Racism. 20 B. Economic Burden. 28 C. The... 2024  
Simona Grossi THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT'S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER 14 Columbia Journal of Race and Law 930 (July, 2024) This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons. It argues that the Supreme Court's approach, which conflates jurisdictional inquiries with procedural or remedial ones, has significantly... 2024 Yes
Daniel L. Hatcher THE COMMODIFICATION OF CHILDREN AND THE POOR, AND THE THEORY OF STATEGRAFT 2024 Wisconsin Law Review 559 (2024) Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of... 2024 Yes
Margareth Etienne , Richard H. McAdams THE CONSEQUENCES AND CONSTITUTIONALITY OF TRAINING POLICE TO BLAME VICTIMS 66 William and Mary Law Review 467 (November, 2024) A common technique in American interrogations is moral minimization, in which investigators excuse or justify the suspect's criminal behavior on moral grounds. A surprising type of moral minimization is explicit victim-blaming, which includes blaming the victim by endorsing negative stereotypes on the basis of gender, race, religion, or sexual... 2024 Yes
Ciji Dodds THE CONSTITUTION AS A RACIAL CONTRACT 28 University of Pennsylvania Journal of Law and Social Change 19 (2024) Introduction: Eternal Vigilance 19 I. America's Racial Contract 28 A. The Terms of the Agreement 28 B. Principles of Interpretation 31 C. The Subsidiary Slavery Contract 33 D. The Blue Gaze and Racialized Policing: The Criminalization of Black Freedom, Resistance, Insurrection, and Agency 34 II. Animate Capital: The Slave Trade Clause 36 III. A... 2024 Yes
Derecka Purnell THE COST OF DOING BUSINESS 112 California Law Review 1107 (June, 2024) Berkeley Law's symposium, Section 1983 and Police Use of Force: Building a Civil Justice Framework, asked: How do we reform the law in light of what we know? This Essay offers three responses. Part I provides additional historical context that reconsiders Section 1983 as one of the weakest federal government interventions during Reconstruction,... 2024 Yes
Victoria M. Smiegocki , Shem Vinton , Pamela R. Metzger THE DIFFERENCE A DA MAKES 21 Ohio State Journal of Criminal Law 331 (September, 2024) During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions. Analyzing qualitative and... 2024  
Griffin Edwards , Stephen Rushin THE EFFECT OF POLICE QUOTA LAWS 109 Iowa Law Review 2127 (July, 2024) ABSTRACT: This Article examines the effect of state laws restricting the use of police quotas. Police quotas describe the establishment of a predetermined number of traffic stops, citations, or arrests that officers must make within a particular time period. Some police supervisors have historically used quotas to ensure adequate productivity by... 2024 Yes
Thomas Ward Frampton , Brandon Charles Osowski THE END OF BATSON? RULEMAKING, RACE, AND CRIMINAL PROCEDURE REFORM 124 Columbia Law Review 1 (January, 2024) On January 1, 2022, the Arizona Supreme Court announced the most radical change to the American jury in nearly thirty-five years: the elimination of peremptory strikes. Arizona's move is part of a broader trend of states experimenting with new ways to counter racial exclusion in the selection of juries after decades of federal inaction. Perhaps as... 2024  
Ryan Miller THE ENDURING VALUE OF THE PAST: WHY HISTORY SUGGESTS THE SUPREME COURT RECONSIDER WATSON, TERRY, AND THE DOCTRINE THAT FOLLOWED 59 Harvard Civil Rights-Civil Liberties Law Review 465 (Spring, 2024) Two of the most important cases in U.S. criminal law, United States v. Watson and Terry v. Ohio, should be revisited according to the jurisprudence of late eighteenth-century America, when the Fourth Amendment came to be. This Note opens by comparing Kames's Historical Law-Tracts and Eden's Principles of Penal Law to illustrate contemporary... 2024  
Paul R. Tremblay THE ETHICS OF HONORING LAW IN ACTION 37 Georgetown Journal of Legal Ethics 231 (Spring, 2024) Legal Realists and jurisprudential scholars have long recognized the importance of the gap between law on the books and law in action. Their insights about the gap inform effective practice by lawyers serving their clients. But the gap also presents a challenge to those lawyers who commit to an internal perspective about the law, accepting that law... 2024  
Ciji Dodds THE EXIGENCIES OF BLACK EXISTENCE: THE BLUE GAZE, THE STATE OF EXCEPTION, & RACIALIZED POLICING IN CARCERAL INTERNAL COLONIES 104 Boston University Law Review 233 (February, 2024) I. The Blue Gaze. 241 II. The Racialized State of Exception. 245 III. Carceral Internal Colonies. 255 A. Legal Black Holes. 256 B. The Carceral Space: Residential Segregation & Hypersegregation. 257 C. Racialized Policing as Governance. 262 1. Anomic Violence. 263 2. Status-Oriented Violence. 264 3. Juridical Violence. 265 4. The Absence of... 2024 Yes
Beth A. Colgan, Jean Galbraith THE FAILED PROMISE OF INSTALLMENT FINES 172 University of Pennsylvania Law Review 989 (March, 2024) In the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to immediately pay off their fines and fees. The Court suggested that states could instead put defendants on installment payment plans. As this Article shows, this suggestion came against a backdrop of impressive... 2024  
Thomas Ward Frampton THE FIRST BLACK JURORS AND THE INTEGRATION OF THE AMERICAN JURY 99 New York University Law Review 515 (May, 2024) Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like Strauder v. West Virginia (1880). Legal scholars and historians unanimously report that free people of color did not serve as jurors, in either the North or South, until 1860. In fact, this Article... 2024  
David Gray THE FOURTH AMENDMENT STATE AGENCY REQUIREMENT: SOME DOUBTS 109 Iowa Law Review 1487 (May, 2024) ABSTRACT: The state agency requirement holds that the Fourth Amendment restricts the conduct of the Federal Government and the States; [but] does not apply to private actors. As Justice Alito has pointed out, this rule dramatically limits the capacity of the Fourth Amendment to protect the security of the people . against unreasonable searches... 2024  
Wayne A. Logan THE HARMS OF HEIEN: PULLING BACK THE CURTAIN ON THE COURT'S SEARCH AND SEIZURE DOCTRINE 77 Vanderbilt Law Review 1 (January, 2024) In Heien v. North Carolina, the Supreme Court held that individuals can be seized on the basis of reasonable police mistakes of law. In an opinion authored by Chief Justice Roberts, the eight-Justice majority held that the Fourth Amendment's prohibition of unreasonable seizures does not bar legally mistaken seizures because [t]o be reasonable is... 2024 Yes
Hannah Bloch-Wehba THE IDEOLOGY OF PRESS FREEDOM 14 UC Irvine Law Review 1 (January, 2024) This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom,... 2024  
Sharon Fairley THE IMPACT OF CIVILIAN INVESTIGATIVE AGENCY RESOURCES ON THE TIMELINESS OF POLICE MISCONDUCT INVESTIGATIONS 26 NYU Journal of Legislation and Public Policy 563 (2023-2024) As many cities and counties turn to civilian oversight of law enforcement to enhance accountability, resource allocation is a critical issue with which police reform advocates, oversight entity administrators, and political leaders struggle almost every budget cycle. Resources are tremendously important in this context. Historically, lack of... 2024 Yes
Sydney Baker , Emily Haney-Caron , Keisha April , Johanna Hellgren THE IMPACT OF RACE ON PREDICTORS OF PARENTS' ADVICE TO CHILDREN REGARDING MIRANDA WAIVERS 30 Psychology, Public Policy, and Law 288 (August, 2024) Judges often use parental presence to support the validity of youth Miranda waivers, despite a lack of supporting research. Research on factors that influence parents' behavior during youth interrogation is limited and does not account for the impact of race. The current study involved presenting 763 parents with vignettes in which their child was... 2024  
Lisa V. Martin THE IMPORTANCE OF CIVIL PATHWAYS TO PROTECTION ORDERS 113 Georgetown Law Journal 121 (October, 2024) Civil protection orders (CPOs) were created in part to offer legal protections from domestic violence for those who do not want police or other criminal justice interventions. For CPOs to fulfill this function, people must be able to access CPOs outside of criminal processes. The study presented by this Article shows that in some rural communities,... 2024 Yes
Stephen Rushin THE IMPORTANCE OF POLICING 76 South Carolina Law Review 133 (Autumn, 2024) This Article argues that, if effectively regulated, policing represents a fundamentally important social institution that advances the community interest in public safety, justice, equality, and the rule of law. In recent years, a significant and growing body of legal scholarship has called for the shrinking of police responsibilities, the... 2024 Yes
Adam B. Cox THE INVENTION OF IMMIGRATION EXCEPTIONALISM 134 Yale Law Journal 329 (November, 2024) American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law's exceptionalism is widely believed to flow directly from the Supreme Court's invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that... 2024  
Vivian D. Wesson THE INVERTED 'V' PROBLEM--AFTER THE OUTRAGE OVER POLICE BRUTALITY AGAINST BLACK VICTIMS, WHERE ARE THE REFORMS? 96-FEB New York State Bar Journal 27 (January/February, 202) Rodney King. Amadou Diallo. Michael Brown. Eric Garner. Breonna Taylor. Over the past 30 years, instances of police use of force against Black people have sparked public outrage and triggered discussions about racial discrimination, justice and police reform. Following each incident, an immediacy to act, to change and to redress was featured... 2024 Yes
Farhang Heydari THE INVISIBLE DRIVER OF POLICING 76 Stanford Law Review 1 (January, 2024) Abstract. This Article connects the administrative state and the criminal system--two dominant modes of governance that too often are discussed in isolation. It presents an original account of how the policies and the failures of federal administrative agencies drive criminal law enforcement at the local level. In doing so, this Article exposes a... 2024 Yes
Eldar Haber THE LAW OF THE TROJAN HORSE 57 U.C. Davis Law Review 1667 (February, 2024) The use of malware in criminal investigations might be expanding. While police hacking is often publicized as used almost solely against pedophiles on the Dark Web, revelations from Israel on extensive police use of malware for a variety of criminal suspects might suggest that more intrusive forms of police hacking may emerge anywhere. Equipped... 2024 Yes
Cecilia Menjívar THE LONG ARM OF LIMINAL IMMIGRATION LAWS 110 Iowa Law Review Online 51 (2024) ABSTRACT: Stumpf and Manning's Article, Liminal Immigration Law, explains the origin, mechanisms, and persistence of liminal laws in three cases they analyze: DACA, immigration detainers, and administrative closure. Their analysis unearths key similarities across these cases: the stickiness and robustness of liminal rules, their transitory... 2024  
Stevie J. Swanson THE METAMORPHOSES OF RACIAL DISCRIMINATION IN AMERICAN REAL ESTATE 42 Minnesota Journal of Law & Inequality 183 (Summer, 2024) Many students come to law school hoping to obtain the skills to make the world a better place. Figuring out the best way to effectuate positive change begins with understanding the past. It is impossible to fully comprehend the present racial disparities in American real estate without clarity about past injustices. This Article focuses on aspects... 2024  
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