| Author | Title | Citation | Summary | Year |
| Deborah N. Archer |
HOW RACISM PERSISTS IN ITS POWER |
120 Michigan Law Review 957 (April, 2022) |
The Fire Next Time. By James Baldwin. New York: Dial Press. 1963 (Vintage International 1993 ed.). Pp. 110. $13.95. In 2020, the murder of George Floyd at the hands of police officers in Minneapolis, Minnesota, and the ravaging of Black communities occasioned by the COVID-19 pandemic and an inequitable public health infrastructure put the violence... |
2022 |
| Mitchell F. Crusto |
HOW TO GET AWAY WITH MURDER: WHEN A WHITE MALE POLICE OFFICER KILLS A YOUNG BLACK PERSON |
79 Washington and Lee Law Review Online 1 (1/18/2022) |
Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified... |
2022 |
| Alex Chohlas-Wood, Marissa Gerchick, Sharad Goel, Aziz Z. Huq, Amy Shoemaker, Ravi Shroff, Keniel Yao |
IDENTIFYING AND MEASURING EXCESSIVE AND DISCRIMINATORY POLICING |
89 University of Chicago Law Review 441 (March, 2022) |
We describe and apply three empirical approaches to identify superfluous police activity, unjustified racially disparate impacts, and limits to regulatory interventions. First, using cost-benefit analysis, we show that traffic and pedestrian stops in Nashville and New York City disproportionately impacted communities of color without achieving... |
2022 |
| Margaret H. C. Tippett |
IMPLICITLY INCONSISTENT: THE PERSISTENT AND FATAL LACK OF SECOND AMENDMENT RIGHTS FOR BLACK AMERICANS IN SELF-DEFENSE CLAIMS AND THE IMPORTANCE OF TELLING THE COUNTER-STORY |
82 Maryland Law Review Online 68 (2022) |
It's bigger than [B]lack and white. It's a problem with the whole way of life. It can't change overnight. But we gotta start somewhere. Lil Baby, The Bigger Picture (Quality Control Music 2020). Gun control legislation in the United States began in the 1700s, when white people prohibited the purchase or use of guns by Black people. While the... |
2022 |
| Dru Stevenson |
IN DEFENSE OF FELON-IN-POSSESSION LAWS |
43 Cardozo Law Review 1573 (April, 2022) |
C1-2Table of Contents Introduction. 1574 I. Constitutional Challenges to the Felon-in-Possession Law. 1578 A. Unanimous Circuits and Dozens of Cert Denials. 1578 B. The Rehaif Problem and Greer. 1580 C. Continuing Attacks on the Felon-in-Possession Laws. 1585 II. The Centrality of the Felon-in-Possession Laws in Firearms Regulation Overall. 1589 A.... |
2022 |
| Anna Rhoads |
INCITEMENT AND SOCIAL MEDIA-ALGORITHMIC SPEECH: REDEFINING BRANDENBURG FOR A DIFFERENT KIND OF SPEECH |
64 William and Mary Law Review 525 (November, 2022) |
C1-2Table of Contents Introduction. 526 I. History and Background. 531 A. Free Speech Justifications and Values. 531 B. Brandenburg Standard for Incitement. 534 II. The Problem. 537 A. Social Media-Algorithmic Speech Is Uniquely Likely to Produce Lawless Action. 537 B. Brandenburg Is Ill-Suited to Social Media-Algorithmic Speech. 541 1. The... |
2022 |
| Leonardo Figueroa Helland |
INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION |
30 New York University Environmental Law Journal 347 (2022) |
I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... |
2022 |
| Addie C. Rolnick |
INDIGENOUS SUBJECTS |
131 Yale Law Journal 2652 (June, 2022) |
This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... |
2022 |
| Rebecca Goldstein , University of California, Berkeley |
INEQUALITY IN THE PROVISION OF POLICE SERVICES: EVIDENCE FROM RESIDENTIAL BURGLARY INVESTIGATIONS |
65 Journal of Law & Economics 487 (August, 2022) |
When crime victims call the police for help, what type of response do they receive? While scholars have extensively documented racial inequalities in the police's punitive functions, this paper considers the police as service providers. It leverages uniquely granular data on over 2,500 residential burglary investigations in Tucson, Arizona, to... |
2022 |
| Tsvetelina van Benthem , Talita Dias , Duncan B. Hollis |
INFORMATION OPERATIONS UNDER INTERNATIONAL LAW |
55 Vanderbilt Journal of Transnational Law 1217 (November, 2022) |
An information operation or activity (IO) can be defined as the deployment of digital resources for cognitive purposes to change or reinforce attitudes or behaviors of the targeted audience in ways that align with the authors' interests. While not a new phenomenon, these operations have become increasingly prominent and pervasive in today's digital... |
2022 |
| Denise A. Hines, George Mason University Department of Social Work |
INTIMATE PARTNER VIOLENCE AMONG JUSTICE-INVOLVED PERSONS: PRACTICE GUIDELINES FOR PROBATION STAFF |
86-JUN Federal Probation 38 (June, 2022) |
The U.S. Department of Justice works with the U.S. Centers for Disease Control (CDC) on issues of intimate partner violence (IPV) and follows the CDC's definition. The CDC defines four types of IPV (Centers for Disease Control and Prevention, 2021): Physical violence is when a person hurts or tries to hurt a partner by hitting, kicking, or using... |
2022 |
| Ethan Levy |
IT'S URGENT! EMERGENCY DECISION-MAKING, CHILD WELFARE, AND RETHINKING QUALIFIED IMMUNITY |
2022 University of Illinois Law Review 411 (2022) |
Over the past fifty years, the qualified immunity doctrine has greatly expanded. Originally intended as a modest good-faith exception for state actors, its current formation represents a systematic barrier to plaintiffs' ability to recover for constitutional rights violations. The consequences of expanded qualified immunity are made painfully clear... |
2022 |
| Isabelle R. Gunning |
JUSTICE FOR ALL IN MEDIATION: WHAT THE PANDEMIC, RACIAL JUSTICE MOVEMENT, AND THE RECOGNITION OF STRUCTURAL RACISM CALL US TO DO AS MEDIATORS |
68 Washington University Journal of Law & Policy 35 (2022) |
This issue of the Washington University Journal of Law and Policy, titled New Directions in Dispute Resolution and Clinical Education in Response to the COVID-19 Pandemic, raises an important question: What has the pandemic crisis taught us about where dispute resolution practice and theory should be going? The pandemic crisis is generally... |
2022 |
| Alexander Guerrero, Rutgers University--New Brunswick, alex.guerrero@rutgers.edu |
LAW AND VIOLENCE |
22 Journal of Ethics & Social Philosophy 1 (May, 2022) |
Criminal law, legal and political institutions, and efforts aimed at reforming those institutions all mark a significant difference between violent and nonviolent criminal actions. Violent crimes are typically met with more severe punishments and more extensive collateral consequences than nonviolent crimes-- even when the violent crimes cause less... |
2022 |
| Rory Bahadur |
LAW SCHOOL RANKINGS AND THE IMPOSSIBILITY OF ANTI-RACISM |
53 Saint Mary's Law Journal 991 (2022) |
Introduction. 992 I. U.S. News and World Report Rankings Methodology. 996 II. Defining Racism and Systemic Racism. 998 III. Contextualizing Bias and Systemic Racism. 1005 A. Ships and Soccer. 1005 B. Missing White Woman Syndrome. 1008 C. Athlete Protests. 1009 D. Welfare and Farm Subsidy. 1012 IV. System Justification and the U.S. News Rankings.... |
2022 |
| Laila L. Hlass |
LAWYERING FROM A DEPORTATION ABOLITION ETHIC |
110 California Law Review 1597 (October, 2022) |
This Article contributes to the emerging literature on abolition within the immigration legal system by mapping deportation abolition theory onto lawyering practice. Deportation abolitionists work to end immigrant detention, enforcement, and deportation, explicitly understanding immigrant justice as part of a larger racial justice fight connected... |
2022 |
| Bruce A. Green , Rebecca Roiphe |
LAWYERS AND THE LIES THEY TELL |
69 Washington University Journal of Law & Policy 37 (2022) |
C1-2TABLE OF CONTENTS Introduction 38 I. The First Amendment, Lies, and Lawyers 42 A. The First Amendment and Lies in Public 43 B. The Free Speech Rights of Lawyers 51 II. Lawyers, Rules of Professional Conduct, and Lying 66 A. Lying in the Practice of Law 70 B. Lying Outside the Professional Setting 79 C. Do Political Lies Fall Through the Cracks?... |
2022 |
| Magda Boutros , Department of Sociology, University of Washington, Seattle, Washington, USA |
LEGAL MOBILIZATION AND BRANCHES OF LAW: CONTESTING RACIALIZED POLICING IN FRENCH COURTS |
56 Law and Society Review 623 (December, 2022) |
When activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal... |
2022 |
| Daniel S. Harawa |
LEMONADE: A RACIAL JUSTICE REFRAMING OF THE ROBERTS COURT'S CRIMINAL JURISPRUDENCE |
110 California Law Review 681 (June, 2022) |
The saying goes, when life gives you lemons, make lemonade. When it comes to the Supreme Court's criminal jurisprudence and its relationship to racial (in)equity, progressive scholars often focus on the tartness of the lemons. In particular, they have studied how the Court often ignores race in its criminal decisions, a move that in turn reifies a... |
2022 |
| Carly E. Zipper |
LET US NOT BE INTIMIDATED: PAST AND PRESENT APPLICATIONS OF SECTION 11(B) OF THE VOTING RIGHTS ACT |
97 Washington Law Review 301 (March, 2022) |
Abstract: As John Lewis said, [the] vote is precious. Almost sacred. It is the most powerful non-violent tool we have to create a more perfect union. The Voting Rights Act (VRA), likewise, is a powerful tool. This Comment seeks to empower voters and embolden their advocates to better use that tool with an improved understanding of its... |
2022 |
| Ingrid V. Eagly, Joanna C. Schwartz |
LEXIPOL'S FIGHT AGAINST POLICE REFORM |
97 Indiana Law Journal 1 (Winter, 2022) |
We are in the midst of a critically important moment in police reform. National and local attention is fixed on how to reduce the number of people killed and injured by the police. One approach--which has been recognized for decades to reduce police killings--is to limit police power to use force. This Article is the first to uncover how an... |
2022 |
| Andrew Truong |
LINGUISTIC LEGAL DESERTS: ADDRESSING LANGUAGE ACCESS IN THE UNITED STATES LEGAL SYSTEM FOR LIMITED ENGLISH PROFICIENT ASIAN AMERICANS AND PACIFIC ISLANDERS |
102 Boston University Law Review 1441 (May, 2022) |
Language access remains a significant access to justice issue in the United States. While many rural Americans face legal deserts due to the physical distance between themselves and accessible legal assistance, this Note establishes the term linguistic legal desert to describe how limited English proficient (LEP) individuals face a... |
2022 |
| Joseph Blocher, Maisie Wilson |
LIVING WITH GUNS: LEGAL AND CONSTITUTIONAL CONSIDERATIONS FOR THOSE COHABITING WITH TEMPORARILY PROHIBITED POSSESSORS |
35 Journal of the American Academy of Matrimonial Lawyers 47 (2022) |
The Second Amendment is frequently portrayed as among the most individualistic of constitutional rights, even within the broadly individualistic American rights tradition. Especially now that the U.S. Supreme Court has detached the Amendment from the collective entity--the well regulated militia--that might otherwise be central to its... |
2022 |
| David A. J. Richards |
LOVE ACROSS THE BOUNDARIES: THE CASE OF JUSTICE JOHN MARSHALL HARLAN--A BOOK REVIEW: PETER S. CANELLOS, THE GREAT DISSENTER: THE STORY OF JOHN MARSHALL HARLAN, AMERICA'S JUDICIAL HERO (NEW YORK: SIMON & SCHUSTER, 2021) |
15 NYU Journal of Law & Liberty 503 (2022) |
In understanding the development of the American constitutional law of free speech, the dissents of Oliver Wendell Holmes and Louis Brandeis are understandably central in part because their approaches to free speech were quite different. Holmes appealed to some version of John Stuart Mill's great utilitarian argument for free speech in On Liberty,... |
2022 |
| Adam A. Davidson |
MANAGING THE POLICE EMERGENCY |
100 North Carolina Law Review 1209 (May, 2022) |
There is a policing emergency in the United States. Police across the country cause massive, widespread, and unpredictable physical harm--killings, beatings; psychological harm--negative stress-related birth and educational outcomes, general worsened mental health; and sociological harm--advancing the racial, gender, and economic hierarchies that... |
2022 |
| Gregory S. Parks |
MARTIAL ARTS AS A REMEDY FOR RACIALIZED POLICE VIOLENCE |
83 Ohio State Law Journal Online 41 (2022) |
C1-3Table of Contents I. Introduction. 41 II. Race and Police Violence. 42 III. Reducing Police Lethality Through Martial Arts. 46 IV. Conclusion. 52 |
2022 |
| Andrew J. Arden |
MASS INCARCERATION, DEPRIVATION OF RIGHTS, AND RACIAL SUBORDINATION: U.S. v. GARY, THE AMERICAN GUN CONTROL NARRATIVE, AND UGLY TRUTH BEHIND 18 U.S.C. 922(G) |
2 North Carolina Civil Rights Law Review 141 (Spring, 2022) |
Any unarmed people are slaves or are subject to slavery at any given moment . There is a world of difference between thirty million unarmed, submissive Black people and thirty million Black people armed with freedom and defense guns and the strategic methods of liberation. - Huey P. Newton, Co-Founder and Minister of Defense, Black Panther Party... |
2022 |
| David Angelatos |
MISINFORMATION ABOUT MARIJUANA: COMMERCIALIZATION, CONSOLIDATION, AND THE NEW FIRST AMENDMENT |
71 American University Law Review 2157 (August, 2022) |
From Reefer Madness to This Is Your Brain on Drugs, Americans have lived through decades of anti-cannabis propaganda. Legalization is poised to turn this information environment on its head, unleashing a torrent of corporate-funded, pro-cannabis misinformation that regulators cannot prevent or dispel. This appears to be a problem caused by the... |
2022 |
| Ann C. McGinley |
MISOGYNY AND MURDER |
45 Harvard Journal of Law & Gender 177 (Spring, 2022) |
C1-2Table of Contents Abstract. 178 Introduction: Mass Murder and Invisible Misogyny. 180 I. Involuntary Celibates (Incels): Identity, Ideology, and Behavior. 189 A. Incels: Who and Where are They?. 189 B. Identity and Ideology. 190 C. Private and Public Violence. 195 D. Relationship to the Atlanta-area Killings: Violence and Misogyny. 198 II.... |
2022 |
| Gilad Abiri |
MODERATING FROM NOWHERE |
47 Brigham Young University Law Review 757 (2022) |
We are living in the midst of a battle over online hate speech regulation, and the stakes could not be higher. Hate speech not only harms its intended victims, be they individuals or groups, but it also polarizes and divides society in ways that undermine the health of democratic regimes. While there is widespread agreement that the current... |
2022 |
| Brandon Hasbrouck |
MOVEMENT JUDGES |
97 New York University Law Review 631 (May, 2022) |
Judges matter. The opinions of a few impact the lives of many. Judges romanticize their own impartiality, but apathy in the face of systems of oppression favors the status quo and clears the way for conservative agendas to take root. The lifetime appointments of federal judges, the deliberate weaponization of the bench by reactionary opponents of... |
2022 |
| Andrew Gall |
MOVING FROM HARM MITIGATION TO AFFIRMATIVE DISCRIMINATION MITIGATION: THE UNTAPPED POTENTIAL OF ARTIFICIAL INTELLIGENCE TO FIGHT SCHOOL SEGREGATION AND OTHER FORMS OF RACIAL DISCRIMINATION |
31 Catholic University Journal of Law & Technology 145 (Fall, 2022) |
The United States government took an increasingly hands-on approach to AI development and governance during the 116 and 117 Congresses under Presidents Trump and Biden--creating the Select Committee on AI and the AI Research and Development Interagency Working Group, launching AI.gov, releasing three major reports on the status of AI in the United... |
2022 |
| Lisa A. Crooms-Robinson |
MURDERING CROWS: PAULI MURRAY, INTERSECTIONALITY, AND BLACK FREEDOM |
79 Washington and Lee Law Review 1093 (Summer, 2022) |
What is intersectionality's origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910-1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane... |
2022 |
| Michael Swistara |
MUTUAL LIBERATION: THE USE AND ABUSE OF NON-HUMAN ANIMALS BY THE CARCERAL STATE AND THE SHARED ROOTS OF OPPRESSION |
12 University of Miami Race & Social Justice Law Review 312 (Spring, 2022) |
The carceral state has used non-human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non-consenting... |
2022 |
| Lily Talerman |
NAME AND SHAME: HOW INTERNATIONAL PRESSURE ALLOWS CIVIL RIGHTS ACTIVISTS TO INCORPORATE HUMAN RIGHTS NORMS INTO AMERICAN JURISPRUDENCE |
17 Duke Journal of Constitutional Law & Public Policy Sidebar 303 (4/8/2022) |
The United States has ratified international human rights treaties sparingly. Where it has ratified, it has provided such a large number of reservations that the treaties' domestic effects are effectively nullified. Even though international human rights law has not been directly incorporated into American jurisprudence, however, international... |
2022 |
| Patrick Sharkey , Alisabeth Marsteller |
NEIGHBORHOOD INEQUALITY AND VIOLENCE IN CHICAGO, 1965-2020 |
89 University of Chicago Law Review 349 (March, 2022) |
This Essay analyzes trends in violence from a spatial perspective, focusing on how changes in the murder rate are experienced by communities and groups of residents within the city of Chicago. The Essay argues that a spatial perspective is essential to understanding the causes and consequences of violence in the United States and begins by... |
2022 |
| Natalie Nanasi |
NEW APPROACHES TO DISARMING DOMESTIC ABUSERS |
67 Villanova Law Review 561 (2022) |
Laws prohibiting perpetrators of intimate partner violence from possessing firearms have long been on the books. But the failure to enforce them, thus allowing abusers to keep their weapons, has led to deadly consequences. While the criminal justice system has in recent years increased efforts to disarm domestic abusers, they have yielded minimal... |
2022 |
| Kai Wiggins |
NEXT STEPS FOR CONGRESS ON HATE CRIME REPORTING |
33 Stanford Law and Policy Review 393 (September, 2022) |
Named after two victims whose murders were prosecuted as hate crimes but not reported in hate crime statistics, the Khalid Jabara and Heather Heyer No Hate Act attempts to improve hate crime reporting in the United States by encouraging state and local jurisdictions to adopt best practices for hate crime data collection. Covered jurisdictions must... |
2022 |
| Madison N. Heckel |
NO JUSTICE, NO PEACE: THE NEED FOR A STATE VERSION OF § 1983 IN RESPONSE TO THE MOVEMENT FOR BLACK LIVES |
15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) |
After the Civil War, violence raged across the South against Black Americans as an attempt by racist Confederates to refuse the racial equality guaranteed by the recent Constitutional Amendments. Congress recognized the lack of state action in enforcing the Reconstruction Amendments and passed the Ku Klux Klan Act in response, which allowed... |
2022 |
| Jeffrey Fagan |
NO RUNS, FEW HITS, AND MANY ERRORS: STREET STOPS, BIAS, AND PROACTIVE POLICING |
68 UCLA Law Review 1584 (February, 2022) |
Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient... |
2022 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review 1289 (September, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Brandon Hasbrouck |
ON LENITY: WHAT JUSTICE GORSUCH DIDN'T SAY |
108 Virginia Law Review Online 239 (August, 2022) |
Facially neutral doctrines create racially disparate outcomes. Increasingly, legal academia and mainstream commentators recognize that this is by design. The rise of this colorblind racism in Supreme Court jurisprudence parallels the rise of the War on Drugs as a political response to the Civil Rights Movement. But, to date, no member of the... |
2022 |
| Melissa J. Araiza |
ONCE MENTALLY ILL, ALWAYS SO? MAYBE YES, MAYBE NO: ADDRESSING THE 18 U.S.C. § 922(G)(4) CIRCUIT SPLIT AND LIFETIME GUN BANS FOR THE (FORMERLY) MENTALLY ILL |
100 Nebraska Law Review 785 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 786 II. History of 18 U.S.C. § 922(g)(4). 788 III. Challenges to § 922(g)(4) in the Sixth, Third, and Ninth Circuits. 791 A. Tyler v. Hillsdale County Sheriff's Department. 791 1. Factual Background. 791 2. Procedural History. 792 B. Beers v. Attorney General United States. 793 C. Mai v. United States. 795 1.... |
2022 |
| David Kaye |
ONLINE PROPAGANDA, CENSORSHIP AND HUMAN RIGHTS IN RUSSIA'S WAR AGAINST REALITY |
116 AJIL Unbound 140 (2022) |
Russia's invasion of Ukraine has exposed the capriciousness of state and corporate power over human rights online. Events since the invasion have demonstrated the coercive power of the state over online expression, privacy, and public protest. Russia's longtime war against reality has deepened in its repression and is dependent on the raw power... |
2022 |
| Farah Peterson |
OUR CONSTITUTIONALISM OF FORCE |
122 Columbia Law Review 1539 (October, 2022) |
The Founders' constitution--the one they had before the Revolution and the one they fought the Revolution to preserve--was one in which violence played a lawmaking role. An embrace of violence to assert constitutional claims is worked deeply into our intellectual history and culture. It was entailed upon us by the Founding generation, who sincerely... |
2022 |
| Michal Buchhandler-Raphael |
OVERMEDICALIZATION OF DOMESTIC VIOLENCE IN THE NONCARCERAL STATE |
94 Temple Law Review 589 (Summer, 2022) |
Scholars have recently cast doubt on the justifications for the criminalization of domestic violence, arguing that the criminal legal system proves inadequate in preventing future battering. Domestic violence, the argument continues, is largely a public health problem, which requires implementing noncarceral measures to effectively address it.... |
2022 |
| Charisa Smith |
OVER-PRIVILEGED: LEGAL CANNABIS, DRUG OFFENDING & THE RIGHT TO FAMILY INTEGRITY |
67 South Dakota Law Review 569 (2022) |
Haphazard marijuana legality among U.S. jurisdictions, and our failure to confront federalism concerns, create civil rights consequences that cannot be underestimated. Although long-awaited federal legislation to legalize marijuana in Summer 2022 was backed by diverse, respected institutions and offers the strongest potential for a national... |
2022 |
| Franita Tolson |
PARCHMENT RIGHTS |
135 Harvard Law Review Forum 525 (6/21/2022) |
Like many places in central Louisiana, Grant Parish became a haven for oil and gas prospecting in the late 1890s. Once speculators discovered the rich reserves, they hoped the new industry would displace the plantation economy that had been lucrative for only a few farmers in the post-Civil War era. In 1899, prospectors dug an eleven-hundred-foot... |
2022 |
| Jules Lobel |
PARTICIPATORY LITIGATION: A NEW FRAMEWORK FOR IMPACT LAWYERING |
74 Stanford Law Review 87 (January, 2022) |
Abstract. This Article argues that the manner in which class-action and impact lawyers have traditionally litigated leaves little room for class participation in lawsuits, and that a new, participatory framework can and should be adopted. Through the story of a successful class-action suit challenging California's use of prolonged solitary... |
2022 |
| Sean Kolkey |
PEOPLE OVER PROFIT: THE CASE FOR ABOLISHING THE PRISON FINANCIAL SYSTEM |
110 California Law Review 257 (February, 2022) |
The term mass incarceration is used to describe a crisis that, to many, is both abstract and distant. But for Black, Latinx, Indigenous, low-income, and other communities whose lives are disproportionately affected by the criminal legal system, the reality of carceral exploitation is as unavoidable as it is harmful. Incarceration has always had... |
2022 |