| Author | Title | Citation | Summary | Year |
| Sunita Patel |
EMBEDDED HEALTHCARE POLICING |
69 UCLA Law Review 808 (May, 2022) |
Scholars and activists are urging a move away from policing and towards more care-based approaches to social problems and public safety. These debates contest the conventional wisdom about the role and scope of policing and call for shifting resources to systems of care, including medical, mental health, and social work. While scholars and... |
2022 |
| Lori A. Nessel |
ENFORCED INVISIBILITY: TOWARD NEW THEORIES OF ACCOUNTABILITY FOR THE UNITED STATES' ROLE IN ENDANGERING ASYLUM SEEKERS |
55 U.C. Davis Law Review 1513 (February, 2022) |
C1-2Table of Contents Introduction. 1515 I. Deconstructing the Web of Policies that Comprise the Invisibility Regime at the Southern Border. 1521 A. Migrant Protection Protocols (MPP). 1522 B. The Asylum Transit Ban. 1527 C. Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP). 1529 D. Metering. 1530 E. Asylum... |
2022 |
| Brennan Gardner Rivas |
ENFORCEMENT OF PUBLIC CARRY RESTRICTIONS: TEXAS AS A CASE STUDY |
55 U.C. Davis Law Review 2603 (June, 2022) |
In ongoing conversations about public carry laws, many scholars make references to enforcement of public carry laws. These references tend to claim that such laws were enforced in a discriminatory way, or even not at all. This Article presents data-driven conclusions about the enforcement of the 1871 deadly weapon law of Texas, the state's primary... |
2022 |
| Cissy Jackson |
ENHANCING COURT SECURITY--AN UNFORTUNATE IMPERATIVE |
69-JUN Federal Lawyer 4 (May/June, 2022) |
According to the FBI and the Department of Homeland Security, in recent years, domestic violent extremists (DVEs) have become a national threat priority on par with foreign terrorist organizations. DVEs are individuals who commit violent criminal acts in furtherance of ideological goals such as racial bias, misogyny, or antigovernment sentiment,... |
2022 |
| Sidney Balman |
ENSURING BLACK LIVES MATTER WHEN THE PENALTY IS DEATH |
15 Idaho Critical Legal Studies Journal 1 (2022) |
[I]t is not so much that the death penalty has a race problem as it is that the race problems of America manifest themselves through the implementation of the death penalty. Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They... |
2022 |
| Laura Cahier |
ENVIRONMENTAL JUSTICE IN THE UNITED NATIONS HUMAN RIGHTS SYSTEM: CHALLENGES AND OPPORTUNITIES FOR THE PROTECTION OF INDIGENOUS WOMEN'S RIGHTS AGAINST ENVIRONMENTAL VIOLENCE |
13 George Washington Journal of Energy & Environmental Law 37 (2022) |
Throughout the world, Indigenous women have denounced the disproportionate effects of environmental destruction, natural resource extraction, land exploitation, or intensive agriculture on every aspect of their lives and integrity, especially when these activities are conducted within or close to the lands and territories that Indigenous peoples... |
2022 |
| Darrell A.H. Miller |
ESTOPPEL BY NONVIOLENCE |
85 Law and Contemporary Problems 69 (2022) |
There are two traditions of political change in America. One tradition invokes Lexington and Concord, the minutemen, George Washington crossing the Delaware, and the surrender at Yorktown. This is the American tradition of political violence: Liberty seized through the sword. The other invokes Montgomery and Selma, the Freedom Riders, the march... |
2022 |
| Megan Uren |
EVERY 66 HOURS. DEAD OR DISAPPEARED. A COLONIAL GENDERED LENS ON GENOCIDE: CASE STUDY ON CANADA'S GENOCIDE AGAINST INDIGENOUS WOMEN, GIRLS, AND 2SLGBTQQIA PEOPLE |
50 Denver Journal of International Law and Policy 167 (Spring, 2022) |
Genocide is happening today, and it will be happening tomorrow. It is not yet time to tell volunteers to stop dredging the Red River for dead bodies of Indigenous women and girls nor time for red dresses to stop being hung on the Highway of Tears. There are dead bodies in the water. There are missing bodies who were taken along wooded highways .... |
2022 |
| Sheri Lynn Johnson |
EXPLAINING THE INVIDIOUS: HOW RACE INFLUENCES CAPITAL PUNISHMENT IN AMERICA |
107 Cornell Law Review 1513 (September, 2022) |
[W]e decline to assume that what is unexplained is invidious. McCleskey v. Kemp, 481 U.S. 279, 313 (1987) Introduction. 1514 I. Race, the American Death Penalty, and the Supreme Court. 1516 A. Before the Fourteenth Amendment: Open Discrimination. 1516 B. From Reconstruction to Furman: Unbridled Discretion. 1518 C. The Role of Race in Furman and... |
2022 |
| Joubin Khazaie |
FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW |
12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) |
This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... |
2022 |
| Janet H. Vo |
FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE |
66 Boston Bar Journal 23 (2022) |
More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... |
2022 |
| Cynthia Lee |
FIREARMS AND INITIAL AGGRESSORS |
101 North Carolina Law Review 1 (December, 2022) |
Under the initial aggressor doctrine, a person who initiates a physical confrontation loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine... |
2022 |
| Nicholas J. Johnson |
FIREARMS AND PROTEST: LESSONS FROM THE BLACK TRADITION OF ARMS |
54 Connecticut Law Review 953 (July, 2022) |
Kenosha was no aberration. Our history is filled with episodes of righteous protest boiling over into violence. Where violence is imminent, our traditions and laws allow innocents to use corresponding violence in self-defense. This arrangement is imperfect and demands hard thinking about how to refine and possibly improve it. One source of lessons... |
2022 |
| Robert M. Jarvis |
FLORIDA'S JUDICIAL ETHICS RULES: HISTORY, TEXT, AND USE |
76 University of Miami Law Review 982 (Summer, 2022) |
A handy summary of Florida's federal and state judicial ethics codes does not exist. As a result, Florida attorneys and judges often must invest considerable time and effort when a question of judicial ethics arises. To assist such queries, this article provides a comprehensive description of both the Florida Code of Judicial Conduct and the Code... |
2022 |
| Khiara M. Bridges |
FOREWORD: RACE IN THE ROBERTS COURT |
136 Harvard Law Review 23 (November, 2022) |
C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of... |
2022 |
| Derek W. Black |
FREEDOM, DEMOCRACY, AND THE RIGHT TO EDUCATION |
116 Northwestern University Law Review 1031 (2022) |
Abstract--While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing--a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to... |
2022 |
| Charisa Smith |
FROM EMPATHY GAP TO REPARATIONS: AN ANALYSIS OF CAREGIVING, CRIMINALIZATION, AND FAMILY EMPOWERMENT |
90 Fordham Law Review 2621 (May, 2022) |
America's legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples... |
2022 |
| Marnie Lowe |
FRUIT OF THE RACIST TREE: A SUPER-EXCLUSIONARY RULE FOR RACIST POLICING UNDER CALIFORNIA'S RACIAL JUSTICE ACT |
131 Yale Law Journal 1035 (January, 2022) |
This Comment explores a novel legal remedy for demonstrated racial bias or animus in police investigations presented in the recently enacted California Racial Justice Act (RJA) of 2020. The Comment contends that the California RJA, in attempting to address racism throughout the state's criminal justice system, establishes a super-exclusionary... |
2022 |
| David McNamee |
FUNDAMENTAL LAW, FUNDAMENTAL RIGHTS, AND CONSTITUTIONAL TIME |
55 Indiana Law Review 319 (2022) |
This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation--as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary... |
2022 |
| Jeremy Dang , An Independent Writing Project, Harvard Law School 2021, Supervised by Professor Carol Steiker |
FUTURE DANGEROUSNESS: A FAULTY COG IN THE MACHINERY OF DEATH |
49 American Journal of Criminal Law 199 (Spring, 2022) |
I. Introduction. 200 II. Part 1: Predicting the Future. 203 A. Future Dangerousness and the Supreme Court. 204 B. Empirical and Practical Objections. 207 C. Constitutional Objections. 209 D. Philosophical Objections. 212 III. Part 2: Texas, Duane Buck, and Furman's Empty Promise. 214 A. The Case of Duane Buck: A Small Dose of a Deadly Toxin. 220... |
2022 |
| Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman |
GENDER JUSTICE AND HUMAN RIGHTS SYMPOSIUM HOLISTIC APPROACHES TO GENDER VIOLENCE |
30 University of Miami International and Comparative Law Review 217 (Fall, 2022) |
L1-2Background . L3218 I. Day 1. 222 A. Day 1 Welcome Remarks. 222 B. Introductory Panel. 224 C. Preventing GBV. 228 D. Systemic Accountability for GBV. 232 E. Access to Justice for GBV: How Should we Define Justice?. 237 F. Rethinking Protection to Mitigate GBV: Engaging Survivors and Offenders. 241 G. Day 1 Closing Remarks. 248 II. Day 2. 248 A.... |
2022 |
| I. India Thusi |
GIRLS, ASSAULTED |
116 Northwestern University Law Review 911 (2022) |
Abstract--Girls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to... |
2022 |
| Aziz Huq , Robert Vargas , Caitlin Loftus |
GOVERNING THROUGH GUN CRIME: HOW CHICAGO FUNDED POLICE AFTER THE 2020 BLM PROTESTS |
135 Harvard Law Review Forum 473 (6/21/2022) |
Gun violence is the number one issue plaguing the city in this moment. --Mayor Lori Lightfoot, July 15, 2021 There can be no question that the great increase in juvenile crime has been accompanied by a similar increase in the possession of guns. --Mayor Richard J. Daley, November 30, 1966 From May 29, 2020, onward, the City of Chicago witnessed an... |
2022 |
| Veryl Pow |
GRASSROOTS MOVEMENT LAWYERING: INSIGHTS FROM THE GEORGE FLOYD REBELLION |
69 UCLA Law Review 80 (March, 2022) |
In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most... |
2022 |
| Shirin Sinnar |
HATE CRIMES, TERRORISM, AND THE FRAMING OF WHITE SUPREMACIST VIOLENCE |
110 California Law Review 489 (April, 2022) |
Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as terrorism. After multiple mass shootings motivated by White supremacist ideology, commentators argued that the hate crime label failed to convey the political nature of the violence or... |
2022 |
| Jacob Mchangama , Heini Skorini , Mathias Meier |
HATE SPEECH, HOLY PROPHETS, AND HUMAN RIGHTS: THE STRUGGLE FOR FREE SPEECH FROM 1945-2021 |
1 Journal of Free Speech Law 675 (2022) |
This article examines how the right to freedom of expression in international human rights law has been a constant source of conflict and political power struggles since the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. Applying both the UN arena as well as the Helsinki Process as institutional frameworks, the article... |
2022 |
| Janelle Lamb |
HE SAID. SHE SAID. THE IPHONE SAID. THE USE OF SECRET RECORDINGS IN DOMESTIC VIOLENCE LITIGATION |
110 California Law Review 1095 (June, 2022) |
Trigger Warning: This Note describes graphic scenes of domestic violence. It also discusses child abuse, elder abuse, and sexual assault. This Note explores the use of secret recordings in domestic violence litigation. It is particularly concerned with how the criminalization of domestic violence influences the laws governing the creation and use... |
2022 |
| Marie Carp |
HEALTH IN ALL POLICIES: AN APPROACH TO COMBATTING RACISM'S IMPACT ON PUBLIC HEALTH |
67 Wayne Law Review 457 (Winter, 2022) |
I. Introduction. 457 II. Background. 460 A. Racism as a Public Health Crisis. 460 B. Governor Whitmer's Executive Directive. 462 1. Data Collection and Analysis. 463 2. Policy and Planning. 463 3. Engagement, Communication, and Advocacy. 464 4. Implicit Bias Training. 464 C. Proposed Policies and Legislation in Michigan. 465 D. Other State and... |
2022 |
| Robert J. Cottrol , Raymond T. Diamond |
HELPLESS BY LAW: ENDURING LESSONS FROM A CENTURY-OLD TRAGEDY |
54 Connecticut Law Review Online 1 (May, 2022) |
This essay examines questions of violence and self-defense in African American history. It does so by contrasting historical patterns of racist anti-Black violence prevalent in the nineteenth and early twentieth century, as exemplified by the destruction of the Greenwood community in Tulsa Oklahoma in 1921, with the current phenomenon of... |
2022 |
| Christopher Upperman |
HIGHER STANDARDS FOR REASONABLE SUSPICION TO FRISK: FOSTERING A BETTER RELATIONSHIP BETWEEN LAW ENFORCEMENT AND THE COMMUNITY |
56 New England Law Review 251 (Spring, 2022) |
A pat frisk is a limited search of a person's outer garments to find evidence of a crime or weapons. Police officers are legally justified in stopping a person when they reasonably suspect that person is engaged in criminal activity. A subsequent search for weapons, however, must be based on a reasonable, articulable suspicion that the person is... |
2022 |
| Maria Hawilo, Kat Albrecht, Meredith Martin Rountree, Thomas Geraghty |
HOW CULTURE IMPACTS COURTROOMS: AN EMPIRICAL STUDY OF ALIENATION AND DETACHMENT IN THE COOK COUNTY COURT SYSTEM |
112 Journal of Criminal Law and Criminology 171 (Spring, 2022) |
Courtrooms operate as unique microcosms--inhabited by courtroom personnel, legal actors, defendants, witnesses, family members, and community residents who necessarily interact with each other to conduct the day-to-day functions of justice. This Article argues that these interactions create a nuanced and salient courtroom culture that separates... |
2022 |
| 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 |