AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Harvey Gee "BANG!": SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY, PREDICTIVE POLICING, AND MEASURING TERRY'S REACH 55 University of Michigan Journal of Law Reform 767 (Summer, 2022) ShotSpotter technology is a rapid identification and response system used in ninety American cities that is designed to detect gunshots and dispatch police. ShotSpotter is one of many powerful surveillance tools used by local police departments to purportedly help fight crime, but they often do so at the expense of infringing upon privacy rights... 2022 Yes
Abigail K. Coker "CLOSE THE SORES OF WAR": WHY GEORGIA NEEDS NEW LEGISLATION TO ADDRESS ITS CONFEDERATE MONUMENTS 38 Georgia State University Law Review 629 (Winter, 2022) Let us put the cannons of our eyes away forever. Our one and only Civil War is done. Let us tilt, rotate, strut on. If we, the living, do not give our future the same honor as the sacred dead--of then and now--we lose everything. -Nikky Finney Confederate monuments have been a point of contention in America for decades, but a series of events... 2022  
Thijs Jeursen, Utrecht University "COVER YOUR ASS": INDIVIDUAL ACCOUNTABILITY, VISUAL DOCUMENTATION, AND EVERYDAY POLICING IN MIAMI 45 PoLAR: Political and Legal Anthropology Review 186 (November, 2022) In the context of police violence and the proliferation of cameras, a growing body of anthropological scholarship has sought to understand the role of photography and its relationship to everyday policing. While scholarly attention has been given to how cameras can intensify a racialized visuality of crime and justify violent policing practices,... 2022 Yes
Ryan Thoreson "DISCRIMINALIZATION": SEXUALITY, HUMAN RIGHTS, AND THE CARCERAL TURN IN ANTIDISCRIMINATION LAW 110 California Law Review 431 (April, 2022) As lesbian, gay, bisexual, and transgender (LGBT) rights gain traction around the globe, many states have turned toward carceral punishment as a means of sanctioning discrimination based on sexual orientation and gender identity. The carceral turn has been scrutinized in racial justice and feminist literature, but few queer scholars have grappled... 2022  
John A.D. Marinelli "EDUCATION UNDER ARMED GUARD": AN ANALYSIS OF THE SCHOOL-TO-PRISON PIPELINE IN WASHINGTON, D.C. 59 American Criminal Law Review 1697 (Fall, 2022) Introduction. 1698 I. The School-to-Prison Pipeline. 1699 A. Origins. 1699 1. Suppressing Civil Rights Demonstrations. 1699 2. The Tough on Crime Mentality. 1700 3. Mass Shootings and School Security. 1701 B. Component Practices. 1702 1. School Policing. 1702 2. The Criminalization of Student Conduct. 1703 3. Exclusionary Discipline. 1705 C.... 2022 Yes
Nga Do "IMMUTABLE" INCARCERATED BODIES & THE SOCIAL DEATH OF MINORITY IDENTITIES IN PRISON 31 Southern California Review of Law & Social Justice 321 (Spring, 2022) C1-2TABLE OF CONTENTS I. INTRODUCTION. 322 II. IMMUTABILITY. 326 A. Origins of Immutability. 326 B. Mutability of Race. 327 C. Immutability in Prison Cases. 329 III. THE COST OF RACIAL AND GENDER PERFORMANCE IN PRISON. 332 A. Necropolitics & Social Death. 332 B. Effects of Judicial Treatment of Racial and Gender Expression. 335 C. Prison Grooming... 2022  
The Honorable Denny Chin , Kathy Hirata Chin "KUNG FLU": A HISTORY OF HOSTILITY AND VIOLENCE AGAINST ASIAN AMERICANS 90 Fordham Law Review 1889 (April, 2022) Introduction. 1890 I. Background. 1892 II. Historic Hostility and Violence. 1896 A. Mob Violence. 1896 1. Los Angeles Massacre of 1871. 1897 2. Rock Springs Massacre of 1885. 1901 3. Hells Canyon Massacre of 1887. 1904 4. Watsonville Riots of 1930. 1905 B. Expulsions. 1907 1. Eureka, California--1885. 1908 2. Seattle, Washington Territory--1886.... 2022 Yes
Maya Campbell "PERCEIVED TO BE DEVIANT": SOCIAL NORMS, SOCIAL CHANGE, AND NEW YORK STATE'S "WALKING WHILE TRANS" BAN 110 California Law Review 1065 (June, 2022) Section 240.37 of the New York State Penal Code, colloquially known as the Walking While Trans Ban, is an example of our nation's commitment to its identity--defining the boundaries between what is deviant and non-deviant, what is normative and nonnormative. This Note seeks to understand the intersection between criminalization, gender identity,... 2022  
Jade A. Craig "PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH 40 Mississippi College Law Review 5 (2022) The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... 2022  
Christa Millard "REEL-LIFE" versus "REAL-LIFE" SURVIVAL: FILMIC DOMESTIC VIOLENCE AND THE RESTORATIVE APPROACH 12 UC Irvine Law Review 1129 (May, 2022) This Note presents the first interdisciplinary scholarship analyzing the depiction of domestic violence in commercial feature film as a means of understanding the legal rights and remedies afforded survivors. I trace domestic violence law across various cultural movements and filmmaking stages, demonstrating that reel-life domestic violence... 2022 Yes
Fredrick E. Vars "SHOW ME YOUR GUN": A WAY FORWARD ON WAITING PERIODS 77 New York University Annual Survey of American Law 221 (2022) On March 16, 2021, a white man walked into an Atlanta-area gun store, legally purchased a handgun, and walked out of the store with it. Within hours, he had used the gun to kill eight people, including six women of Asian descent. What if the shooter had not been allowed to get a gun so quickly? What if he had been required to wait a few days? Would... 2022 Yes
Allison R. Ferraris "THE RIGHT TO PROTEST FOR RIGHT": REAFFIRMING THE FIRST AMENDMENT PRINCIPLE THAT LIMITS THE TORT LIABILITY OF PROTEST ORGANIZERS 63 Boston College Law Review 1093 (March, 2022) Abstract: On December 16, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Doe v. Mckesson that a court could hold DeRay Mckesson liable for damages to a police officer whom an unidentified assailant injured at a 2016 Black Lives Matter protest that Mckesson helped organize. Mckesson did not cause the officer's injuries, and he did not... 2022  
Leslie C. Levin "THIS IS NOT NORMAL": THE ROLE OF LAWYER ORGANIZATIONS IN PROTECTING CONSTITUTIONAL NORMS AND VALUES 69 Washington University Journal of Law & Policy 173 (2022) Lawyer organizations in the United States perform a range of functions. Some are essentially social clubs that provide networking opportunities for lawyers. Others help their members stay up to date on changes in the law and provide other educational and material benefits. Through these efforts, lawyer organizations often serve as a site where... 2022  
Darren Lenard Hutchinson "WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION 110 California Law Review 371 (April, 2022) United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... 2022  
Abigail Grise [D]EVOLVING STANDARDS OF DECENCY? THE LEGACY OF LYNCH LAW LINGERS AS SOUTH CAROLINA TRAVELS BACK IN TIME 53 Seton Hall Law Review 247 (2022) Whether capital punishment--the sentence of death for a criminal conviction --is considered cruel and unusual punishment under the Eighth Amendment of the United States Constitution is not a new discussion, nor is the relationship between race and capital punishment a new concept. Debate on the propriety of capital punishment in the United States... 2022  
Sarah Beller 401--FORBIDDEN: AN EMPIRICAL STUDY OF FOREIGN INTELLIGENCE SURVEILLANCE ACT NOTICES, 1990--2020 13 Harvard National Security Journal 158 (2022) The Foreign Intelligence Surveillance Act (FISA) is one of the government's most powerful spying tools, but the public knows little about how the law is used and cannot hold the government accountable for privacy violations and overreach. FISA requires the government to give official notice to people it spied on before it uses surveillance... 2022 Yes
Tom I. Romero, II A BROWN BUFFALO'S OBSERVATIONS ON COLOR (BLINDNESS), LEGAL HISTORY, AND RACIAL JUSTICE IN THE ROCKY MOUNTAIN WEST 2022 Utah Law Review 751 (2022) Close your eyes and join me on a quintessential American road trip driving west along I-70. As our car hurtles through the corn and wheat fields of western Kansas at over eighty miles an hour, we imperceptibly are gaining altitude. As we cross the 100th meridian, the air becomes drier, the land more barren. Suddenly, a giant brown sign emerges on... 2022  
Cynthia J. Najdowski , Margaret C. Stevenson A CALL TO DISMANTLE SYSTEMIC RACISM IN CRIMINAL LEGAL SYSTEMS 46 Law and Human Behavior 398 (December, 2022) Objectives: In October 2021, the American Psychological Association (APA) passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. In the present report, developed to inform APA's policy resolution, we detail the scope of the problem and offer recommendations for policy makers and... 2022  
Penelope Andrews A COMMISSION ON RECOGNITION AND RECONSTRUCTION FOR THE UNITED STATES: ILLUSORY OR INSPIRATIONAL? 66 New York Law School Law Review 359 (2021/2022) The United States remains a deeply divided society, with the fault line continuing to be that of race and racism. Of course, this is not new, as W. E. B. Du Bois famously noted more than a century ago that the problem of the color line would be the central issue of the United States in the twentieth century. And so it remains today. The statistics... 2022  
Jessica Dixon Weaver A CRITICAL RACE THEORY APPROACH TO CHILDREN'S RIGHTS 71 American University Law Review 1855 (June, 2022) This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children's rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children.... 2022  
Thalia Gonz├ílez , Alexis Etow , Cesar De La Vega A HEALTH JUSTICE RESPONSE TO SCHOOL DISCIPLINE AND POLICING 71 American University Law Review 1927 (June, 2022) Inequities in school discipline and policing have been long documented by researchers and advocates. Longitudinal data is clear that Black, Indigenous, people of color (BIPOC) students are punished and policed at higher rates than their white classmates. For students who have disabilities, especially those with intersectional identities, the impact... 2022  
Gabriella Argueta-Cevallos A PROSECUTOR WITH A SMOKING GUN: EXAMINING THE WEAPONIZATION OF RACE, PSYCHOPATHY, AND ASPD LABELS IN CAPITAL CASES 53 Columbia Human Rights Law Review 624 (Spring, 2022) Prosecutors play a central role both in weaponizing personality disorder labels in capital cases and in oppressing Black, Indigenous, and People of Color (BIPOC) within the criminal legal system. This is especially true for antisocial and psychopathic personality disorder labels. Because there are common mechanisms underlying both processes, it... 2022 Yes
Sarah Hopkins A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK 55 UIC Law Review 485 (Fall, 2022) I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... 2022  
Steven Sacco ABOLISHING CITIZENSHIP: RESOLVING THE IRRECONCILABILITY BETWEEN "SOIL" AND "BLOOD" POLITICAL MEMBERSHIP AND ANTI-RACIST DEMOCRACY 36 Georgetown Immigration Law Journal 693 (Winter, 2022) C1-2Table of Contents I. Introduction. 694 II. Citizenship as Racism and Anti-Democracy. 698 A. Citizenship as Race. 698 1. Race Becomes Citizenship. 700 2. Citizenship Becomes Race. 711 3. Citizenship Racializes Citizens. 714 B. Citizenship as Anti-Democracy. 718 1. Citizenship Is Anti-Egalitarian. 718 a. Citizenship Is a Caste System. 718 b.... 2022  
Kiah Duggins ABOLITION AND INTERNATIONAL HUMAN RIGHTS: TAIWAN'S AFFIRMATION OF BLACK AMERICAN ABOLITIONIST MOVEMENTS 57 Harvard Civil Rights-Civil Liberties Law Review 361 (Summer, 2022) America's use of police to maintain a social order that protects the interests of white upper-class citizens is similar to Taiwan's use of a police state to protect the interests of its authoritarian regime from 1945-1987. America's history and international positionality are vastly different from Taiwan's. However, grassroots movements that... 2022  
Courtney Lauren Anderson ACTIVISMITIS 14 Northeastern University Law Review 185 (February, 2022) Introduction 191 I. Women's Rights Protests 191 A. The Beginning 192 B. Seneca Falls Convention of 1848 194 C. Conventions to Follow 195 i. Women's Rights Convention Rochester, NY (1848) 195 D. Organizations 196 E. Key Women for and Against the Inclusion of Women of Color 200 F. Recent Women's Marches 203 G. The Effects of the Women's Rights... 2022  
Cyra Akila Choudhury , Shruti Rana ADDRESSING ASIAN (IN)VISIBILITY IN THE ACADEMY 51 Southwestern Law Review 287 (2022) To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term Asian American itself, as Asian and American have historically been posed as antithetical identities in U.S. history and jurisprudence. On one side is a representation of... 2022  
Joshua Chanin ADDRESSING THE INEVITABILITY OF RACE IN THE DOJ'S ENFORCEMENT OF THE PATTERN-OR-PRACTICE INITIATIVE 53 Loyola University Chicago Law Journal 287 (Winter, 2022) Section 14141 of the 1994 Crime Act empowers the U.S. Department of Justice (DOJ) to investigate and drive reform of local law enforcement agencies found to have engaged in a pattern or practice of misconduct. During the Trump administration, the DOJ willfully allowed its powers under this section to lie dormant, despite a number of high-profile... 2022  
Ashley Albert , Amy Mulzer ADOPTION CANNOT BE REFORMED 12 Columbia Journal of Race and Law 1 (July, 2022) I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... 2022  
Micah Tempel AFFIRMATIVE ACTION HOUSING: A LEGAL ANALYSIS OF AN AMBITIOUS BUT ATTAINABLE HOUSING POLICY 57 Real Property, Trust and Estate Law Journal 107 (Spring, 2022) Author's Synopsis: American neighborhoods continue to be just as segregated as they were decades ago. Our nation's policies that have attempted to address segregation have widely failed. The negative consequences of continuing to have segregated housing in America are plentiful, including large racial disparities in wealth, homeownership,... 2022 Yes
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