| Author | Title | Citation | Summary | Year |
| Yuvraj Joshi |
RACIAL JUSTICE AND PEACE |
110 Georgetown Law Journal 1325 (June, 2022) |
The United States recently saw the largest racial justice protests in its history. An estimated 15 to 26 million people took to the streets over the police killings of Breonna Taylor, Tony McDade, George Floyd, and countless other Black people. This Article explores how these protests and their chants of No Justice! No Peace! should lead us to... |
2022 |
| Angela Onwuachi-Willig , Anthony V. Alfieri |
RACIAL TRAUMA IN CIVIL RIGHTS REPRESENTATION |
120 Michigan Law Review 1701 (June, 2022) |
Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of... |
2022 |
| Sara Hildebrand |
RACIALIZED IMPLICATIONS OF OFFICER GANG EXPERT TESTIMONY |
92 Mississippi Law Journal 155 (2022) |
Introduction. 156 I. The Rise of Police as Expert Witnesses. 159 II. Anti-Gang Legislation and Officers as Gang Experts. 163 III. Bases for Exclusion of Officer Gang Expert Testimony. 167 A. Excessive Judicial Deference to Police as Gang Experts. 168 1. Uncritical Judicial Assessment of Officer Qualifications. 169 2. Unreliable, Overbroad, and... |
2022 |
| Erika K. Wilson |
RACIALIZED RELIGIOUS SCHOOL SEGREGATION |
132 Yale Law Journal Forum 598 (11/17/2022) |
abstract. Carson v. Makin has several implications for the future of school-choice programs. This Essay explores one possibility: an increase in sectarian schools participating in state-funded school-choice programs, causing new forms of school segregation based on race and religion and impairing the democracy-enhancing functions of public... |
2022 |
| Suzy J. Park |
RACIALIZED SELF-DEFENSE: EFFECTS OF RACE SALIENCE ON PERCEPTIONS OF FEAR AND REASONABLENESS |
55 Columbia Journal of Law and Social Problems 541 (Summer, 2022) |
Through a controlled experiment, this Note investigates the hypothesis that implicit references to racial stereotypes, such as subtle racial imagery, trigger mock jurors' implicit biases to a greater degree than explicit invocations of racial stereotypes. Across six conditions, 270 participants read facts resembling those of People v. Goetz, in... |
2022 |
| Lili Levi |
RACIALIZED, JUDAIZED, FEMINIZED: IDENTITY-BASED ATTACKS ON THE PRESS |
20 First Amendment Law Review 147 (2022) |
The press is under a growing and dangerous form of attack through identity-based online harassment of journalists. Armies of online abusers are strategically using a variety of rhetorical tools (including references to lynching, the Holocaust, rape and dismemberment) to intimidate and silence non-white, non-male and non-Christian journalists. Such... |
2022 |
| Adam Winkler |
RACIST GUN LAWS AND THE SECOND AMENDMENT |
135 Harvard Law Review Forum 537 (6/21/2022) |
For a significant portion of American history, gun laws bore the ugly taint of racism. The founding generation that wrote the Second Amendment had racist gun laws, including prohibitions on the possession or carrying of firearms by Black people, whether free or enslaved. A Florida law in 1825 authorized white people to enter into all Negro houses... |
2022 |
| Patrick J. Charles |
RACIST HISTORY AND THE SECOND AMENDMENT: A CRITICAL COMMENTARY |
43 Cardozo Law Review 1343 (April, 2022) |
C1-2Table of Contents I. A Critical Examination of How and Why the Gun Control Is Racist Narrative Came to Be. 1345 II. A Critical Examination of How (and the Elusive Why) the Second Amendment Is Racist Narrative Came to Be. 1368 III. Racist History and the Second Amendment: The History-in-Law Case for a High Evidentiary Burden. 1375 |
2022 |
| Maneka Sinha |
RADICALLY REIMAGINING FORENSIC EVIDENCE |
73 Alabama Law Review 879 (2022) |
Introduction. 880 I. Abolition and Forensics in Context. 888 A. The Abolition Framework. 889 B. The Forensic System Today. 892 1. The Carceral Origins of Forensic Methods. 894 2. Carceral Culture in Forensics. 898 II. Forensic Science Reform Efforts. 904 A. Policy Reforms. 904 B. Legal Reforms. 908 1. The Change in Standards Governing Admissibility... |
2022 |
| Alice Ristroph |
READ THYSELF |
74 Alabama Law Review 493 (2022) |
What makes a crime violent? I asked in 2011. What is a violent crime? asks David Sklansky in A Pattern of Violence, a decade later. Over that decade, criminal law scholars, as well as political leaders, advocates, and activists outside the academy, have increasingly scrutinized the concept of violence in criminal law. There are a number of... |
2022 |
| Sarah A. Husk |
REBUFFING THE GAZE: TOWARD THE LEGAL RECOGNITION OF OWNERSHIP AND USE RIGHTS OF NONCONSENSUAL PHOTOGRAPHIC SUBJECTS |
26 U.C. Davis Social Justice Law Review 187 (Summer, 2022) |
C1-2Table of Contents Abstract. 189 I. Introduction: Through the Looking Glass. 190 II. Federal Copyright Law and the Protection of Photographic Images in the United States. 195 A. The Copyright Act. 195 1. Copyright Infringement. 197 a. Exceptions, Limitations, and Defenses: Fair Use. 199 b. Alternatives to Copyright Protection: Works in the... |
2022 |
| Jennifer Lee Barrow |
RECIDIVISM REFORMATION: ELIMINATING DRUG PREDICATES |
135 Harvard Law Review Forum 418 (5/20/2022) |
The Armed Career Criminal Act (ACCA) imposes a minimum fifteen-year sentence for violating 18 U.S.C. § 922(g) after three violent felony or serious drug offense convictions. The ACCA disproportionately impacts people of color and imposes significant costs on the federal judiciary and the criminal justice system overall. This Essay contributes... |
2022 |
| Lauren Johnson, Cinnamon Pelly, Ebony L. Ruhland, Simone Bess, Jacinda K. Dariotis, Janet Moore |
RECLAIMING SAFETY: PARTICIPATORY RESEARCH, COMMUNITY PERSPECTIVES, AND POSSIBILITIES FOR TRANSFORMATION |
18 Stanford Journal of Civil Rights & Civil Liberties 191 (May, 2022) |
This paper offers the first known interdisciplinary, community-based participatory research study to focus directly on two questions that have drawn increased attention in the wake of global protests over racialized police violence: 1) What is the definition of safety? and 2) How can safety be made equally accessible to all? The study is part of a... |
2022 |
| Nicholas Serafin |
REDEFINING THE BADGES OF SLAVERY |
56 University of Richmond Law Review 1291 (Spring, 2022) |
Section 2 of the Thirteenth Amendment grants Congress the authority to eliminate the badges and incidents of slavery. What constitutes an incident of slavery is clear: the incidents of slavery are the legal restrictions, such as submission to a master and a ban on the ownership of productive property, that were inherent in the institution of... |
2022 |
| Tessa Ptucha |
RE-DIRECTING THE 50-YEAR-LONG WAR ON DRUGS IN THE UNITED STATES: SAFE INJECTION SITES AS THE NECESSARY WEAPONS |
50 Hofstra Law Review 929 (Summer, 2022) |
Just north of Philadelphia, Pennsylvania, locals from the town of Kensington watched their quaint community transform into the epicenter of the opioid crisis in less than forty years. Since 2007, more people report using the non-prescription opioid, heroin, each year in the United States--with an all-time high of 948,000 (reported) opioid users... |
2022 |
| Harvey Gee |
REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? |
100 Oregon Law Review 461 (2022) |
Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... |
2022 |
| Kele M. Stewart |
RE-ENVISIONING CHILD WELL-BEING: DISMANTLING THE INEQUITABLE INTERSECTIONS AMONG CHILD WELFARE, JUVENILE JUSTICE, AND EDUCATION |
12 Columbia Journal of Race and Law 1 (June, 2022) |
I. Racialized Outcomes, Poverty and America's Hierarchy. 4 A. Racialized Youth Outcomes. 4 B. The Role of Poverty. 6 C. Hierarchies. 7 II. The Child Welfare, Education, and Juvenile Justice Systems. 8 A. The Family Regulation System. 9 B. The Juvenile Justice System. 14 C. The Education System. 16 III. The Compounding Effect of Interaction Between... |
2022 |
| Vanessa Zboreak |
REGULATORY REPARATIONS |
14 Elon Law Review 215 (2022) |
I. Introduction. 215 II. Reparations frameworks. 219 A. Theories of Reparations Compensation. 219 B. Tort Theory & Limits of Reparations Litigation. 223 C. Reparations as Legislative Repair. 228 III. Regulatory Reparations Groundwork. 235 A. Reparative Regulatory Review. 236 B. Citizen Petitions for Reparations Review. 242 C. Complementarity with... |
2022 |
| Zamir Ben-Dan |
REIMAGINING JUSTICE: PEOPLE v. CHARLES AND THE MYTH OF JUSTICE WITHOUT POLICE ACCOUNTABILITY IN NEW YORK CITY |
45 New York University Review of Law and Social Change 509 (2022) |
Police play an integral role in the criminal judicial system; they start the process through searches and seizures and are often involved in other parts of the process, including evidentiary hearings and trials. Thus, it is imperative that police officers do their jobs ethically and responsibly. This Article examines how police officers in New York... |
2022 |
| Brandon Hasbrouck |
REIMAGINING PUBLIC SAFETY |
117 Northwestern University Law Review 685 |
Abstract--In the aftermath of George Floyd's murder, abolitionists were repeatedly asked to explain what they meant by abolish the police--the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists' secondary proposals, as interviewers quickly jettisoned the idea of literally... |
2022 |
| Aneri Shah |
REINVIGORATING THE FEDERAL GOVERNMENT'S ROLE IN CIVIL RIGHTS ENFORCEMENT UNDER 18 U.S.C. § 242: THE GEORGE FLOYD JUSTICE IN POLICING ACT'S NOT SO RECKLESS PROPOSAL |
52 Seton Hall Law Review 1601 (2022) |
The deaths of George Floyd, Daunte Wright, Breonna Taylor, Jacob Blake, Ahmaud Arbery, Tamir Rice, Eric Garner, Michael Brown, and many others ignited intense protests throughout the country in 2020 and a fierce debate in Congress concerning police reform. The widespread protests following the death of George Floyd, in particular, catalyzed a new... |
2022 |
| Andrea Kupfer Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden |
REMOTE JUSTICE & DOMESTIC VIOLENCE: PROCESS PLURALISM LESSONS FROM THE PANDEMIC |
52 Stetson Law Review 231 (Winter 2022) |
As the world faced a global pandemic in 2020, governments imposed various restrictions and urged everyone to keep their distance from other people and stay home. Schools, workplaces, courts, and social service providers went remote within a matter of days in a social and technological transformation that was both stunning and painful. While people... |
2022 |
| Adam Coretz |
REPARATIONS FOR A PUBLIC NUISANCE? THE EFFORT TO COMPENSATE SURVIVORS, VICTIMS, AND DESCENDANTS OF THE TULSA RACE MASSACRE ONE HUNDRED YEARS LATER |
43 Cardozo Law Review 1641 (April, 2022) |
C1-2Table of Contents Introduction. 1642 I. Background. 1645 A. History of the Greenwood District and the 1921 Tulsa Race Massacre. 1645 B. History and Evolution of Public Nuisance as a Tort. 1649 C. Defining Public Nuisance at Common Law Today. 1651 D. Public Nuisance in Oklahoma. 1652 E. Tulsa Race Massacre Lawsuit. 1654 F. Race Reparations for... |
2022 |
| The Task Force 2.0 Juvenile Justice Subcommittee |
REPORT AND RECOMMENDATIONS TO ADDRESS RACE IN WASHINGTON'S JUVENILE LEGAL SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
45 Seattle University Law Review 1025 (Spring, 2022) |
As the Editors-in Chief of Gonzaga Law Review and Seattle University Law Review, we represent the flagship legal academic publications of Washington's two Jesuit law schools. We are pleased to present this report as a joint publication and to highlight the important work of the Task Force 2.0 Juvenile Justice Subcommittee. Sincerely, Carly C.... |
2022 |
| Willie J. Epps, Jr. |
RESIGNATION IN PROTEST: JUDGE WILLIAM HASTIE'S UNCOMPROMISING BATTLE AGAINST DISCRIMINATORY TREATMENT OF BLACKS IN THE ARMED FORCES |
90 UMKC Law Review 549 (Spring, 2022) |
In November of 1940, less than a year before the attack on Pearl Harbor, Judge William H. Hastie was appointed to a prestigious position in the War Department to advise on policy concerning Blacks in the armed forces. Judge Hastie found the status of Black officers had improved since World War I but remained far from what it should be. He viewed... |
2022 |
| Peter H. Huang |
RESISTANCE IS NOT FUTILE: CHALLENGING AAPI HATE |
28 William and Mary Journal of Race, Gender, and Social Justice 261 (Winter, 2022) |
This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate--defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect,... |
2022 |
| Alexa Sardina, Ph.D. , Alissa R. Ackerman, Ph.D. |
RESTORATIVE JUSTICE IN CASES OF SEXUAL HARM |
25 CUNY Law Review 1 (Winter, 2022) |
Introduction. 1 I. The Impact of the Criminal Legal System on Those Who Have Been Sexually Harmed. 3 Secondary Victimization: Underreporting, Police Interactions, and Case Attrition. 4 II. A Brief History of Post-Conviction Sex Crimes Policies. 13 III. The Etiology of Sexual Harm. 21 IV. What Is Restorative Justice?. 25 How Is Restorative Justice... |
2022 |
| Robert Weiss |
RETHINKING PRISON FOR NON-VIOLENT GUN POSSESSION |
112 Journal of Criminal Law and Criminology 665 (Summer, 2022) |
Whatever the wisdom or folly of the belief, Americans who live in violence-affected neighborhoods often believe they need a gun for self-defense. Yet many are, due to age or criminal record, unable to legally possess a firearm. The result is a Catch-22 they describe as either being caught with a gun . [or] dead without one. Indeed, Chicago,... |
2022 |
| Nick Robinson |
RETHINKING THE CRIME OF RIOTING |
107 Minnesota Law Review 77 (November, 2022) |
Introduction. 78 I. The Problem of Rioting. 85 A. The United States and Its Many Types of Riots. 85 B. The Challenge of the Riot. 89 C. The Weaponization of the Accusation of Rioting. 91 ii. The Development of the Crime of Rioting. 93 A. English Roots. 93 B. United States Evolution. 96 III. A Critique of Anti-Riot Legal Measures. 106 A.... |
2022 |
| |
RIGHT OF ACCESS TO COURTS |
51 Georgetown Law Journal Annual Review of Criminal Procedure 1189 (2022) |
The Constitution guarantees prisoners the right of meaningful access to the courts. This right of access imposes an affirmative duty on prison officials to help inmates prepare and file legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required... |
2022 |
| |
RIGHT TO A JURY TRIAL |
51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2022 |
| Corey L. Gordon |
RIGHTING WRONGS THROUGH POSTHUMOUS PARDONS: MAX MASON, THE DULUTH LYNCHINGS, AND LESSONS FOR THE FUTURE |
18 University of Saint Thomas Law Journal 87 (Spring, 2022) |
On June 12, 2020, just three days shy of the 100th anniversary of the infamous lynchings of three African-Americans in Duluth, Minnesota, and less than three weeks after the brutal murder of George Floyd at the hands (and knees) of Minneapolis police officers, the Minnesota Board of Pardons granted the state's first-ever posthumous pardon. It went... |
2022 |
| Ayesha Bell Hardaway |
RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT |
55 Connecticut Law Review 179 (December, 2022) |
Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... |
2022 |
| Aaron R. Megar |
ROAD TO REFORM: THE CASE FOR REMOVING POLICE FROM TRAFFIC REGULATION |
75 Vanderbilt Law Review En Banc 13 (2022) |
L1-2Introduction . L314 I. Racialized Traffic Enforcement in the United States. 17 A. Traffic Policing as the General Warrant. 18 1. Fourth Amendment Doctrine and the Supreme Court. 19 2. Institutional, Implicit, and Systemic Motivations Behind Pretextual Policing. 21 B. The Effect of Warrants in Traffic Stops. 23 C. The Unofficial... |
2022 |
| André Douglas Pond Cummings , Steven A. Ramirez |
ROADMAP FOR ANTI-RACISM: FIRST UNWIND THE WAR ON DRUGS NOW |
96 Tulane Law Review 469 (February, 2022) |
I. Introduction. 469 II. A Short History of the War on Drugs and Mass Incarceration. 475 III. The Devastation Suffered in Communities of Color. 486 A. Direct Economic Costs of the War on Drugs and Mass Incarceration. 487 B. Government Expenditures. 488 C. Economic and Psychological Costs on Families of Color. 490 D. Indirect Costs of the War on... |
2022 |
| Gabriel J. Chin |
ROBERT COVER AND CRITICAL RACE THEORY |
37 Touro Law Review 1837 (2022) |
Professor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other,... |
2022 |
| Renee Griffin |
SEARCHING FOR TRUTH IN THE FIRST AMENDMENT'S TRUE THREAT DOCTRINE |
120 Michigan Law Review 721 (February, 2022) |
Threats of violence, even when not actually carried out, can inflict real damage. As such, state and federal laws criminalize threats in a wide range of circumstances. But threats are also speech, and free speech is broadly protected by the First Amendment. The criminalization of threats is nonetheless possible because of Supreme Court precedents... |
2022 |
| Katherine Macfarlane |
SECTION 1983 DEALMAKING |
97 Tulane Law Review 1 (November, 2022) |
Breonna Taylor was killed in her home during the botched execution of a no-knock warrant. However, any civil rights claims arising from her death would likely fail in court because of qualified immunity, which often shields officers from civil damages, and City of Los Angeles v. Lyons, which blocks reform that might be achieved through injunctive... |
2022 |
| Jacob D. Charles |
SECURING GUN RIGHTS BY STATUTE: THE RIGHT TO KEEP AND BEAR ARMS OUTSIDE THE CONSTITUTION |
120 Michigan Law Review 581 (February, 2022) |
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun... |
2022 |
| Brendan Lantz, Marin R. Wenger, Zachary T. Malcom, College of Criminology and Criminal Justice, Florida State University |
SEVERITY MATTERS: THE MODERATING EFFECT OF OFFENSE SEVERITY IN PREDICTING RACIAL DIFFERENCES IN REPORTING OF BIAS AND NONBIAS VICTIMIZATION TO THE POLICE |
46 Law and Human Behavior 15 (February, 2022) |
Objective: Previous research has noted contradictory findings regarding race and police notification, such that Black people indicate higher levels of distrust in the police yet report victimization to the police at rates similar to or higher than others. We investigated the role of offense severity in accounting for these discrepancies.... |
2022 |
| T. Anansi Wilson |
SEXUAL PROFILING & BLAQUEER FURTIVITY: BLAQUEERS ON THE RUN |
24 Scholar: St. Mary's Law Review on Race and Social Justice 179 (2022) |
Introduction. 180 I. Theory of Sexual Profiling. 182 II. Governing the BlaQueer Body. 185 III. Definitions. 203 IV. A Refracted Lens: Furtiveness in BlaQueer (A Remix of Law, Culture, and History). 205 V. Remembrance: An Accounting of the Flesh, a Witnessing of a Lurking Profiling. 206 VI. LMJ Bruce on Tarrell Alvin McCraney's Moonlight: Loitering... |
2022 |
| Jill C. Engle |
SEXUAL VIOLENCE, INTANGIBLE HARM, AND THE PROMISE OF TRANSFORMATIVE REMEDIES |
79 Washington and Lee Law Review 1045 (Summer, 2022) |
This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those--transformative justice--to heal the intangible harms of sexual violence. The Article also discusses the... |
2022 |
| Deborah M. Weissman |
SOCIAL JUSTICE AS DESISTANCE: RETHINKING APPROACHES TO GENDER VIOLENCE |
72 American University Law Review 215 (October, 2022) |
C1-2Table of Contents Table of Contents. 215 Introduction. 216 I. Domestic Violence Intervention Programs: Overview, Critique, and Constraints. 221 A. DVIPs: A Brief Overview. 222 B. DVIPs: Critique. 225 1. Eliding systems and structures. 225 2. DVIPs and the criminal legal system. 231 3. Culture and constraints. 233 4. Law and constraints. 238 II.... |
2022 |
| Cesar M. Estrada |
SOCIAL MOVEMENT THEORY AND THE ROLE OF QUALIFIED IMMUNITY IN INCREASING POLITICAL VIOLENCE |
36 Notre Dame Journal of Law, Ethics & Public Policy 347 (2022) |
On April 20, 2021, a Minneapolis jury returned a guilty verdict on three different homicide charges for former Minneapolis Police Officer Derek Chauvin for the murder of George Floyd in May 2020. George Floyd's murder, long down the list of police killings of Black Americans, was not unique in and of itself. In 2020 alone, 1,126 people were killed... |
2022 |
| Katrina Lee |
SOLVING FOR LAW FIRM INCLUSION: THE NECESSITY OF LAWYER WELL-BEING |
24 Vanderbilt Journal of Entertainment and Technology Law 323 (Winter, 2022) |
Chances are, in a room of one hundred law firm partners in the United States, at most, one Black woman would be present. Statistically, if there were a Black, Latinx, or Asian woman in that room, she would be the only one. Women of color make up only 3.79 percent of all partners, counting equity and nonequity partners. The percentage of Black women... |
2022 |
| Howard M. Wasserman , Charles W. “Rocky” Rhodes |
SOLVING THE PROCEDURAL PUZZLES OF THE TEXAS HEARTBEAT ACT AND ITS IMITATORS: NEW YORK TIMES v. SULLIVAN AS HISTORICAL ANALOGUE |
60 Houston Law Review 93 (Fall, 2022) |
The Texas Heartbeat Act (S.B. 8) prohibits abortions following detection of a fetal heartbeat while delegating exclusive enforcement through private civil actions brought by any person, regardless of injury, for statutory damages of a minimum of $10,000 per prohibited abortion. Texas sought to impose costly litigation and potentially crippling... |
2022 |
| Blanche Bong Cook |
SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE |
102 Boston University Law Review 1 (February, 2022) |
When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... |
2022 |
| Jacob Mchangama , Natalie Alkiviadou |
SOUTH AFRICA THE MODEL? A COMPARATIVE ANALYSIS OF HATE SPEECH JURISPRUDENCE OF SOUTH AFRICA AND THE EUROPEAN COURT OF HUMAN RIGHTS |
1 Journal of Free Speech Law 543 (2022) |
We compare the handling of hate speech by the European Court of Human Rights and the highest courts of South Africa: The latter, it turns out, adopts a more robust and well-articulated approach to the issues of hate speech than the former, falling more in line with the thresholds set out by documents such as the UN's Rabat Plan of Action. We argue... |
2022 |
| Aderson Bellegarde François |
SPEAK TO YOUR DEAD, WRITE FOR YOUR DEAD: DAVID GALLOWAY, MALINDA BRANDON, AND A STORY OF AMERICAN RECONSTRUCTION |
111 Georgetown Law Journal 31 (October, 2022) |
Speak to your dead. Write for your dead. Tell them a story. What are you doing with this life? Let them hold you accountable. Let them make you bolder or more modest or louder or more loving, whatever it is, but ask them in, listen, and then write. someone will remember us I say even in another time For over ten years, the state of Tennessee... |
2022 |
| Emily Behzadi |
STATUES OF FRAUD: CONFEDERATE MONUMENTS AS PUBLIC NUISANCES |
18 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2022) |
The deaths of George Floyd, Breonna Taylor, and countless other African Americans have ignited a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the twenty-first century, racist and unrestrained police violence continues to plague American society. The unprecedented... |
2022 |