Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Phoebe Jean-Pierre |
JUSTICE DENIED: EXAMINING IMPLICIT BIAS, VULNERABLE COMMUNITIES, THE LEGAL SYSTEM, AND DIAGNOSTIC ERRORS |
15 Alabama Civil Rights & Civil Liberties Law Review 181 (2023-2024) |
Inequitable care in the U.S. healthcare system poses a major problem. Despite efforts to produce equitable care, health disparities persist. This raises the question of why. Though the underlying causes of health disparities are wide and varying, medical error is a well-established problem within healthcare and poses a significant danger to... |
2024 |
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Mitchell F. Crusto |
JUVENILE JUSTICE & DIMINISHED CRIMINAL CULPABILITY |
78 University of Miami Law Review 670 (Spring, 2024) |
When regulating the bad, albeit illegal, choices made by minors, the law is conflicted. On the one hand, we have a clear national policy to ensure the safety of and to promote the positive development of our young people, yet we simultaneously criminalize minors who make bad choices. This conundrum raises a quintessential jurisprudential flaw in... |
2024 |
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Cynthia Godsoe |
KINSHIP CARE AND ADOPTION MYOPIA |
76 Rutgers University Law Review 689 (Spring, 2024) |
C1-2Table of Contents Introduction. 690 I. Adoption Myopia. 698 A. History of White Saviorism & Aiming to Recreate the Normative Mainstream Nuclear Family. 699 B. Narrow View of Permanency Equated with Adoption. 704 C. Federal Funding Prioritizing Adoption. 709 II. Ill-Fit & Harm to Kinship Families. 711 A. Adoption's Poor Fit. 712 1. Problematic... |
2024 |
Yes |
Rachel Kincaid |
LAW SCHOOLS: WANT TO HELP BEND THE ARC OF THE MORAL UNIVERSE TOWARD JUSTICE? HIRE LAW PROFESSORS WITH PUBLIC SERVICE EXPERIENCE |
58 University of Richmond Law Review 605 (Symposium 2024) |
We are living in momentous times. Social justice and the legitimacy of our political systems are at the forefront of many people's minds. Demands for change--sometimes revolutionary change--abound in response to myriad crises: the murders of Tyre Nichols, George Floyd, Ahmaud Arbery, and Breonna Taylor; mass incarceration and the criminalization of... |
2024 |
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Judith Resnik, Henry Wu, Jenn Dikler, David T. Wong, Romina Lilollari, Claire Stobb, Elizabeth Beling, Avital Fried, Anna Selbrede, Jack Sollows, Mikael Tessema, Julia Udell |
LAWYERLESS LITIGANTS, FILING FEES, TRANSACTION COSTS, AND THE FEDERAL COURTS: LEARNING FROM SCALES |
119 Northwestern University Law Review 109 (2024) |
Abstract--Two Latin phrases describing litigants--pro se (for oneself) and in forma pauperis (IFP, as a poor person)--prompt this inquiry into the relationship between self-representation and requests for filing fee waivers. We sketch the governing legal principles for people seeking relief in the federal courts, the sources of income of the... |
2024 |
Yes |
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 |
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Abigail Mitchell |
LEGALLY SANCTIONED TAKINGS OF BLACK CHILDREN: HOW SLAVERY REVERBERATES IN THE MODERN CHILD WELFARE SYSTEM |
26 Scholar: St. Mary's Law Review on Race and Social Justice 141 (2024) |
I. LEGALLY Sanctioned Family Separation of Enslaved Peoples. 145 A. Crafting Slavery: The Early Days. 145 B. Legislatively Sanctioned Separations. 146 C. Economics and Slavery. 147 D. Another Level of Legal Involvement: Court Sales. 148 E. Litigating Enslaved Family Separations. 149 F. Normative Frameworks Justifying Slavery and Family Preservation... |
2024 |
Yes |
Jay Blitzman |
LET THE SUNSHINE IN |
39-SPG Criminal Justice 3 (Spring, 2024) |
In evocatively describing the realities of the juvenile court world prior to the 1967 In re Gault decision, which created the right to counsel in bench trials for indigent youth, the Supreme Court observed that The powers of the Star Chamber were a trifle in comparison to those of our juvenile courts .. 387 U.S. 1, 18 (1967) (quoting Roscoe... |
2024 |
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Sarah Clements, Renée Cordio, Maya Hamblin, Editor in Chief, Vol. 32, Co-Managing Editor, Vol. 32, Co-Managing Editor, Vol. 32 |
LETTER FROM THE EDITORS |
32 Georgetown Journal on Poverty Law and Policy I (Fall, 2024) |
We are thrilled to present the first issue in the 32nd volume of the Georgetown Journal on Poverty Law and Policy. GJPLP was the first law journal in the nation to focus our publication on issues related to poverty law, antipoverty policy, and economic and racial justice. Since our founding days, we have centered the stories and experiences of the... |
2024 |
Yes |
Kristen Paige Green |
LETTERS TO SOLEIL: REPRODUCTIVE REPARATIONS AS BLACK MATERNAL JUSTICE |
112 Georgetown Law Journal 1543 (June, 2024) |
C1-3Table of Contents L1-2Introduction . L31544 I. State of Black Maternal Mortality. 1546 a. state of black pregnancy. 1547 b. state of black childbirth. 1550 c. state of black postpartum. 1552 II. Maternity and Misogynoir. 1554 a. othering the black mother. 1554 b. labeling the black mother. 1556 c. commodifying the black mother. 1560 III. Modern... |
2024 |
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Fenja R. Schick-Malone |
LETTING THE KIDS RUN WILD: FREE-RANGE PARENTING AND THE (DE)REGULATION OF CHILD PROTECTIVE SERVICES |
81 Washington and Lee Law Review 387 (Winter, 2024) |
Families in the United States suffer from a removal epidemic. The child welfare framework allows unnecessary and harmful intervention into family and parenting matters, traditionally left to the discretion of the parent. Many states allow Child Protective Services (CPS) to investigate, intervene, and permanently separate a child from their... |
2024 |
Yes |
Susan D. Carle |
LIQUIDATION AND THE FOURTEENTH AMENDMENT |
76 Florida Law Review 103 (January, 2024) |
In Dobbs v. Jackson Women's Health Organization and New York State Rifle & Pistol Ass'n v. Bruen, the Supreme Court adopted a new standard for interpreting the Fourteenth Amendment. This standard, which this Article refers to as maximum-specificity public meaning analysis, seeks to determine original public meaning at a very concrete level of... |
2024 |
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Melissa Murray |
MAKING HISTORY |
133 Yale Law Journal Forum 990 (4/11/2024) |
What is history but a fable agreed upon? --Napoleon Bonaparte. October Term 2021 was a momentous one for the United States Supreme Court. In a series of decisions, the Court overturned two long-standing precedents guaranteeing the right to abortion, expanded the scope of the Second Amendment, and appeared to consign the Establishment Clause to the... |
2024 |
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Neil Steinkamp |
MAXIMIZING HOUSING STABILITY AND MINIMIZING EVICTIONS: EVIDENCE-BASED MODELS THAT KEEP TENANTS IN THEIR HOMES AND OUT OF THE COURTS |
51 Fordham Urban Law Journal 1385 (September, 2024) |
Introduction. 1387 I. Primer on the Landlord Business Model. 1392 II. Range of Circumstances. 1394 A. The Costs of Eviction. 1397 1. Costs of Eviction for RPOs. 1397 2. Costs of Evictions for Tenants. 1398 3. Cost of Evictions to the Courts. 1400 4. Costs of Evictions to Municipalities. 1401 B. Rental Housing Instability--Data That Can Inform... |
2024 |
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John Parsi |
MEDICAL CONSENSUS ON GENDER AFFIRMING CARE'S CRITICAL IMPACT ON INCARCERATED BLACK TRANSGENDER WOMEN |
38 Journal of Law and Health 66 (10/31/2024) |
Abstract: In Kosilek v. Spencer the U.S. Court of Appeals for the First Circuit adopted The World Professional Association of Transgender Health Standards of Care (WPATH SOC) as medical consensus on gender affirming care and held that Michelle Kosilek could access gender affirming care but that she did not meet the criteria for gender affirming... |
2024 |
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Prashasti Bhatnagar |
MEDICAL-LEGAL PARTNERSHIPS AND LEGAL REGIMES: A HEALTH JUSTICE PERSPECTIVE |
52 Journal of Law, Medicine & Ethics 512 (Summer, 2024) |
Keywords: Medical-Legal Partnerships, Movement Lawyering, Agricultural Workers, Health Justice, Structural Racism Abstract: Medical-legal partnerships (MLPs) attempt to integrate the social determinants of health into health care delivery to eliminate health inequities. Yet, MLPs have not fully adapted to identify and address structural racism, one... |
2024 |
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Akilah Folami |
MEERA E. DEO, UNEQUAL PROFESSION: RACE AND GENDER IN LEGAL ACADEMIA, REDWOOD CITY, CALIFORNIA: STANFORD UNIVERSITY PRESS, 2019, 256 PP., $26.00 (HARDCOVER) |
73 Journal of Legal Education 254 (Fall, 2024) |
Meera Deo's book Unequal Profession: Race and Gender in Legal Academia provides the empirical data for what legal academics of color have professed for decades. We knew it was so, and Deo now proves it is so--it being the slights, the biases, the inequity in treatment, the invisibility (or, in my case, hypervisibility) of women of color academics... |
2024 |
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Margaret E. Montoya |
MEMORIES OF AN AFFIRMATIVE ACTION ACTIVIST |
47 Seattle University Law Review 1029 (Spring, 2024) |
C1-2Contents I. Autobiography as Historic Frame & Rationale for Educational Access Through an Expansive Affirmative Action. 1031 II. SALT and Affirmative Action Activism in Law Schools. 1039 III. The Slim But Cruel Vestige of Affirmative Action That Survives: The Military Exception in SFFA. 1047 IV. Affirmative Action in Medicine, Rebutting Justice... |
2024 |
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Alexandra Natapoff |
MISDEMEANOR DECLINATION: A THEORY OF INTERNAL SEPARATION OF POWERS |
102 Texas Law Review 937 (April, 2024) |
Millions of times every year, American prosecutors make the all-important decision whether to decline or file formal criminal charges after police have made an arrest. This declination decision determines whether an arrest will become a full-fledged criminal case and thus whether an individual arrestee will become a defendant. It establishes the... |
2024 |
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Abigail E. André |
MODERN DISASTER FRAGMENTATION |
93 Fordham Law Review 557 (November, 2024) |
Natural disasters test us. They exist at the intersection of nature, law, and society to show us where our systems are failing. Beyond physical damage, they magnify weaknesses in our socioeconomic and legal systems. In an attempt to leverage the lessons disasters bring, this Article analyzes the administrative institutions that govern disaster... |
2024 |
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Courtney G. Joslin , Douglas NeJaime |
MULTIPARENTHOOD |
99 New York University Law Review 1242 (October, 2024) |
Family law conventionally treats parenthood as binary: A child has two, and only two, parents. These two parents possess all parental rights and responsibilities, which cannot be shared with others. Their status as parents remains fixed throughout the child's life. Today, legislatures are explicitly challenging this view. Ten jurisdictions now have... |
2024 |
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Laura Hermer |
MUNICIPAL ABORTION BANS: WHEN LOCAL CONTROL CLASHES WITH STATE POWER |
32 American University Journal of Gender, Social Policy and the Law 279 (2024) |
I believe cities make decisions all the time based on the health and welfare of their residents. If an abortion facility moved into Abilene, TX, it's not Austin, TX's problem. It's not Washington D.C.'s problem. It's Abilene's problem. Mark Lee Dickson, Right to Life of East Texas Introduction. 280 Part I: An Outline of Municipal Regulatory... |
2024 |
Yes |
Angela Dixon |
MUSIC, MAYHEM, AND A MISSISSIPPI: STILL BURNING--THE HOPE OF SMOTHERING THE DELETERIOUS EFFECTS OF DELIBERATE INDIFFERENCE |
30 Cardozo Journal of Equal Rights & Social Justice 275 (Winter, 2024) |
C1-2Table of Contents Introduction. 277 Part I: Play the Music. 287 A. The Varying Sounds of Music: How a Diversifying Mississippi is Changing the Cultural and Legal Landscape. 288 B. There Will Be Sad Songs: Continuing Struggles with Inequality and Racial Strife. 290 C. Still Dancin' to the Jailhouse Rock: Extremely High Incarceration Rates. 292... |
2024 |
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Sarah Schindler, Kellen Zale |
NEIGHBORS WITHOUT NOTICE: THE UNEQUAL TREATMENT OF TENANTS AND HOMEOWNERS IN LAND USE HEARING PROCEDURES |
59 Harvard Civil Rights-Civil Liberties Law Review 339 (Spring, 2024) |
Recent empirical work has suggested that the people who show up at land use hearings tend to be whiter, wealthier, older, and more likely to be homeowners than the surrounding community. They also are more opposed to new housing construction in their communities. Thus, the views of these groups are amplified and the outsized opposition to new... |
2024 |
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Ndjuoh MehChu |
NEITHER COPS NOR CASEWORKERS: TRANSFORMING FAMILY POLICING THROUGH PARTICIPATORY BUDGETING |
104 Boston University Law Review 73 (February, 2024) |
A caseworker makes a home visit to a poor Black family under the guise of protecting the children in the household from suspected neglect. The caseworker investigates. They search the premises without a warrant, as the Fourth Amendment's restraints do not apply to them, even though they are state actors who replicate police power. The family's four... |
2024 |
Yes |
Andrew Darcy |
NEW YORK CITY'S PUBLIC HOUSING PRESERVATION TRUST: THE CASE FOR CAUTIOUS OPTIMISM, NECESSITY, AND RACIAL JUSTICE |
51 Fordham Urban Law Journal 745 (March, 2024) |
Introduction. 746 I. NYCHA's Role in Stabilizing New York City and Its Own Instability. 751 II. The Implications for Racial Justice and Fair Housing Obligations. 759 A. Race and Public Housing. 759 B. Place-Based Strategies to Affirmatively Furthering Fair Housing. 761 III. NYCHA's Preservation Efforts. 765 IV. Trust the Trust?. 770 A. Logistics... |
2024 |
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J.J. Prescott |
NEXT STEPS IN ONLINE COURTS: ACCELERATING ACCESS TO JUSTICE THROUGH COURT TECHNOLOGY |
41 Alaska Law Review 93 (December, 2024) |
For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works... |
2024 |
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Francine J. Lipman |
NOT TAXING PUERTO RICO: WHITEWASHING IMPOVERISHMENT IN UNITED STATES v. VAELLO MADERO |
77 Tax Lawyer 357 (Winter, 2024) |
Puerto Rico is a lush archipelago located between the Caribbean Sea and the North Atlantic Ocean. More than three million U.S. citizens with diverse racial and ethnic histories and cultures live on the islands. But life for Puerto Ricans has been challenging with high rates of impoverishment, disability, unemployment, and devastating natural... |
2024 |
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Joel Houlette |
NOTE--TAKING MATTERS INTO THEIR OWN HANDS: A CRITIQUE OF THE SUPREME COURT'S HOLDING IN LITTLE SISTERS OF THE POOR v. PENNSYLVANIA |
27 Journal of Health Care Law and Policy 303 (2024) |
Access to affordable contraceptive coverage for those who need it is critical. Before full implementation of the Affordable Care Act in 2014, contraceptive care made up upwards of 44% of out of pocket health care spending for women. Taking Matters into Their Own Hands critiques the United States Supreme Court's ruling in Little Sisters of the Poor... |
2024 |
Yes |
Josh Gupta-Kagan |
NUDGING IMPROVEMENTS TO THE FAMILY REGULATION SYSTEM |
91 University of Chicago Law Review 469 (March, 2024) |
The Restatement of Children and the Law features a strong endorsement of parents' rights to the care, custody, and control of their children because parents' rights are generally good for children. Building on that foundation, the Restatement's sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater... |
2024 |
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Tseming Yang |
OLD AND NEW ENVIRONMENTAL RACISM |
2024 Utah Law Review 109 (2024) |
Over the past five decades, the U.S. Environmental Protection Agency (EPA) moved from purposeful disregard of environmental racism to a public embrace of environmental justice as an organizational priority. Unfortunately, its efforts to address environmental discrimination remain a work-in-progress. This Article posits that the Agency's core... |
2024 |
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Etienne C. Toussaint |
ON THE CULTIVATION OF BLACK LETTER LAW |
124 Columbia Law Review Forum 151 (11/14/2024) |
Engaging with the sociocultural dimensions of race and racism across U.S. history is essential when creating, critiquing, and reforming the law. Building on Robin West's exploration of the law and culture movement, this Piece introduces a novel hermeneutic project that reads Black American culture throughout U.S. history to gain critical insights... |
2024 |
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Paul H. Robinson , Jeffrey Seaman , Muhammad Sarahne |
OUR TROUBLING FAILURES IN SOLVING CRIMES: RETHINKING LEGAL LIMITS ON CRIME INVESTIGATION |
74 Case Western Reserve Law Review 693 (Spring, 2024) |
Justice is failing in America. Clearance rates--the rate at which police identify a crime's perpetrator--are tragically low for most crimes, even serious offenses. In 2022, there were around 20,000 criminal homicides in America, with a clearance rate of 52.3 percent. Yet murder has by far the highest clearance rate for serious offenses. Even worse,... |
2024 |
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Lucy Johnston-Walsh |
OUT OF STATE, OUT OF MIND: LEGAL IMPACT OF OUT-OF-STATE PLACEMENT ON FOSTER YOUTH |
9 University of Pennsylvania Journal of Law & Public Affairs 52 (February, 2024) |
The child welfare system, which has also been referred to as the family regulation system, was ostensibly created to protect children who are victims of abuse and neglect. When children are at risk of harm, courts can authorize governmental agencies to remove children from their families and place children in the custody of kin or a variety of... |
2024 |
Yes |
David Hinojosa, Chavis Jones |
OVERTURNING SFFA v. HARVARD |
26 Scholar: St. Mary's Law Review on Race and Social Justice 256 (2024) |
Introduction. 257 I. Stare Decisis in the Supreme Court. 260 II. The Harvard Decision. 263 III. Harvard is Egregiously Wrong. 266 A. The Supreme Court's Distorted History of the Equal Protection Clause. 268 B. The Court's Drastic Errors in Strict Scrutiny Analysis. 270 IV. Harvard is Already Resulting in Significant Negative Jurisprudential and... |
2024 |
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Thomas Wilson Williams |
OWNING HEALTH EQUITY: ENTREPRENEURSHIP, CAPITAL, AND COMMUNITY-OWNED HEALTH |
55 Seton Hall Law Review 127 (2024) |
There is a long history of recognized health disparities affecting marginalized communities in the United States. These disparities have complicated and deep roots, but multiple factors can be controlled in the short term, such as access to high-quality medical care. Public and private institutions often use incentives to focus the efforts of... |
2024 |
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Matthew E. Moloshok |
PAPER TRAIL: RECENT PAPERS ON ANTITRUST AND STRUCTURAL RACISM |
2024-FEB Antitrust Source 1 (February, 2024) |
Editor's Note: Two recent papers study how antitrust doctrine--past and present--contributes to structural economic racism, and how it could be changed to generate a fairer competitive landscape through antiracist policies. Is an antiracist antitrust feasible? Antitrust scholars pay attention to social movements. Occupy Wall Street prompted... |
2024 |
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Ji Seon Song |
PATIENT OR PRISONER |
92 George Washington Law Review 1 (February, 2024) |
Carceral power expands into many institutions vital to social life. This Article focuses on one such important institution: the hospital in the free world. Hospitals outside of carceral institutions routinely treat, diagnose, screen, and discharge people under law enforcement and correctional control. Just as hospitals serve an important function... |
2024 |
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James W. Ganas |
PAYGO FOR CRIMINAL SENTENCING: POLITICAL INCENTIVES AND PROCESS REFORM |
99 New York University Law Review 320 (April, 2024) |
The American criminal justice system is exceptional, characterized by uniquely high sentences and uniquely large numbers of incarcerated individuals. This regime is perpetuated by a political system that fetishizes Americans' short-term pushes for increased punitiveness when crime rates increase. Drawing on political process and representation... |
2024 |
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Brittany L. Deitch |
PAY-TO-STAY LAWS AND PRIVATE PRISONS |
28 University of Pennsylvania Journal of Law and Social Change 1 (2024) |
Beginning in the 1970s, as incarceration rates rose rapidly, states began implementing policies aimed at alleviating the financial burdens of supporting the system of mass incarceration. This Essay takes a macro-level approach by identifying and beginning to grapple with issues arising from the combination of two of these policies. First, states... |
2024 |
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H.L.A. Hart |
POLICIES, PRINCIPLES, AND ADJUDICATION (C. 1977-82) |
69 American Journal of Jurisprudence 127 (October, 2024) |
A previously unpublished paper by H.L.A. Hart responding to some of the work of Ronald Dworkin and found among Dworkin's papers. For commentary on the origins and background of the paper see Samuel Burry, H.L.A. Hart's Lost Essay on Policies, Principles, and Adjudication, American Journal of Jurisprudence 69 (2024): 000-00. KEYWORDS: Legal... |
2024 |
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Wayne A. Logan |
POLICING EMOTIONS: WHAT SOCIAL PSYCHOLOGY CAN TEACH FOURTH AMENDMENT DOCTRINE |
72 Buffalo Law Review 685 (April, 2024) |
Police officers, like the citizens they serve, often believe that they can accurately and reliably discern emotions from the faces of the individuals they encounter. An officer, for instance, might interpret a facial expression to infer that an individual is surprised by the officer's presence, which can serve as a factor justifying a seizure based... |
2024 |
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Margaret H. Zhang |
PREGNANT WORKERS AND THE CLIMATE CRISIS |
91 Tennessee Law Review 431 (Winter, 2024) |
Introduction. 432 I. Preexisting Poor Outlook for U.S. Pregnant People and Pregnant Workers. 438 A. Deteriorating U.S. Maternal and Infant Health Trends. 438 1. Maternal Health Trends. 439 2. Infant Health Trends. 442 3. Abortion Restrictions to Exacerbate Trends. 446 B. Pregnant People Pulled into Unhealthy Workplaces. 449 1. Workforce... |
2024 |
Yes |
Katherine Lee Goyette |
PRIORITIZATION OF CLIMATE RESILIENT DEVELOPMENT IN ENVIRONMENTAL JUSTICE COMMUNITIES |
38-WTR Natural Resources & Environment 4 (Winter, 2024) |
Climate change is a current, not a future, problem. The Intergovernmental Panel on Climate Change (IPCC) has confirmed unequivocally that human activities have caused global warming, as greenhouse gas (GHG) emissions have continued to increase due to unsustainable energy and land use. Climate extremes are being experienced across the globe,... |
2024 |
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Morgan Bates |
PROCEDURAL DUE PROCESS AND THE IMPROPER EXPERT OPINIONS OF COURT-APPOINTED SPECIAL ADVOCATES |
103 Texas Law Review 189 (November, 2024) |
There are almost 400,000 children currently separated from their families and living in foster care in the United States. In many of these cases, court-appointed special advocates volunteer to investigate the family, prepare a formal report, and make recommendations to the court on behalf of the children. Studies show that the current judicial... |
2024 |
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Robin Bartram |
PROPERTY MARKERS AND THE HASSLE OF LENIENCY: BUILDING CODE ENFORCEMENT IN THE COURTROOM |
49 Law and Social Inquiry 1572 (August, 2024) |
Unlike other housing courts, Chicago's building court is characterized by leniency. The mostly low-income property owners who appear in building court often receive extensions to remedy building code violations or even dismissals of their violations. This article shows that, paradoxically, the consequences of these lenient outcomes are punitive for... |
2024 |
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Youngjae Lee |
PROPORTIONALITIES |
99 Notre Dame Law Review Reflection 191 (4/15/2024) |
You keep using that word. I do not think it means what you think it means. --Inigo Montoya, The Princess Bride Proportionality is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law... |
2024 |
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Mridula S. Raman |
PROSECUTORIAL DISCRETION AND THE CRIME OF ABORTION |
43 Yale Law and Policy Review 171 (Fall, 2024) |
In an election cycle in which Republicans soundly trounced Democrats, one of the few silver linings for liberals was that voters in numerous states enshrined abortion access in their state constitutions. However, even as voters protected or expanded abortion rights in some jurisdictions, there remain serious threats to abortion rights elsewhere: In... |
2024 |
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Donald Braman , Jared Fishman , Lily Grier , Kevin Himberger , Jarvis Idowu , J.J. Naddeo , Rory Pulvino , Jess Sorensen , Joanie Weaver |
PROSECUTORS IN THE PASSING LANE: RACIAL DISPARITIES, PUBLIC SAFETY, AND PROSECUTORIAL DECLINATIONS OF PRETEXTUAL STOPS |
61 San Diego Law Review 87 (February-March, 2024) |
C1-2Table of Contents Abstract. 88 I. Introduction. 89 II. The Rise of Pretextual Stops. 92 A. Pretextual Stops' Troubled History. 92 1. Modern Racial Politics and the Rise of Pretextual Stops. 93 2. Federal Support for Pretextual Stops. 95 3. Aggressive Order Maintenance Theories Legitimize Pretextual Policing. 98 4. The Supreme Court's... |
2024 |
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Vincent M. Southerland |
PUBLIC DEFENSE AND AN ABOLITIONIST ETHIC |
99 New York University Law Review 1635 (November, 2024) |
The American carceral state has grown exponentially over the last six decades, earning the United States a place of notoriety among the world's leaders in incarceration. That unprecedented growth has been fueled by a cultural addiction to carceral logic and its tools--police, prosecution, jails, prisons, and punishment--as a one-size-fits-all... |
2024 |
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