| Author | Title | Citation | Summary | Year |
| Ellie Williams |
LEAVING DOESN'T MEAN LIVING: ANALYZING THE CASE OF ANGELA VAUGHN, CRIMINALIZED SURVIVORS OF GENDER-BASED VIOLENCE, AND INTERNATIONAL HUMAN RIGHTS LAW |
51 Georgia Journal of International and Comparative Law 587 (2023) |
C1-2Table of Contents I. Introduction. 588 II. Background on Gender-Based Violence, the Criminal Justice System, and the Criminalization of Survivors. 590 A. Gender-Based Violence. 590 B. The Criminal Justice System. 594 C. Criminalized Survivors. 594 III. Legal Framework. 603 A. The Convention on the Elimination of All Forms of Discrimination... |
2023 |
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
20 Hastings Race and Poverty Law Journal 103 (Spring, 2023) |
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
| Dr. Julie Shackford-Bradley |
LEGAL VIOLENCE AND RESTORATIVE JUSTICE |
34 Hastings Journal on Gender and the Law 103 (Spring, 2023) |
C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... |
2023 |
| Jane Stoever |
LEGALLY RECOGNIZING REPRODUCTIVE COERCION WHILE QUESTIONING SEXUAL VIOLENCE EXCEPTIONALISM |
51 Journal of Law, Medicine & Ethics 560 (Fall, 2023) |
Keywords: Reproductive Coercion, Intimate Partner Violence, Abortion Bans, Rape Exceptions, Reproductive Justice Abstract: While sexual violence should not be the prerequisite for legal abortion, expanding definitions of abuse to include reproductive coercion can open avenues of access to abortion following the Dobbs decision. Understanding the... |
2023 |
| John Hamel, Ph.D., LCSW, Brenda Russell, Ph.D. |
LITIGATING DOMESTIC VIOLENCE CASES: ACCURATE, RELIABLE RESEARCH CAN MAKE A DIFFERENCE |
47-JUN Champion 52 (June, 2023) |
While most criminal defense attorneys do not think twice about contacting an expert to discuss their case when the domestic violence (DV) defendant is a heterosexual female, they may not consider contacting an expert when the defendant is a heterosexual male or a sexual minority. Working with any DV case, experts can help attorneys and jurors... |
2023 |
| Dr. Miranda Faust , Nick Masellis , Administrator, Bureau of Prisons Intelligence and Counterterrorism Branch, Correctional Program Officer, Bureau of Prisons Intelligence and Counterterrorism Branch |
MANAGING THE EXTREME: DOMESTIC VIOLENT EXTREMISM IN FEDERAL CUSTODY |
71 Department of Justice Journal of Federal Law and Practice 235 (August, 2023) |
With the advent of the Ku Klux Klan from the post-Antebellum and Reconstruction period, to the deadliest domestic terrorist attack on U.S. soil at the Alfred P. Murrah Federal Building in Oklahoma City, to the influx in frequency of mass shootings and threats to critical infrastructure around the country, domestic violent extremism (DVE) has been,... |
2023 |
| Dr. Karie Gibson , Unit Chief, Federal Bureau of Investigation, Behavioral Analysis Unit-1 |
PATHWAY TO TARGETED VIOLENCE: CAN EARLY INTERVENTION WORK? |
71 Department of Justice Journal of Federal Law and Practice 39 (August, 2023) |
Within the Federal Bureau of Investigation's (FBI) Critical Incident Response Group are the FBI Behavioral Analysis Units. Specifically, the FBI's Behavioral Analysis Unit-1 (BAU-1) has a long history of preventing acts of terrorism and mass casualty targeted violence. Many are not aware of how the FBI has been instrumental in operationally... |
2023 |
| Rona Kaufman |
PATRIARCHAL VIOLENCE |
71 Buffalo Law Review 509 (May, 2023) |
For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women's inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist... |
2023 |
| Bailey D. Appel |
PHYSICAL SCARS ARE NOT THE ONLY EVIDENCE: CRUCIAL EXPANSION OF NEW YORK'S PENAL LAW TO DEFINE COERCIVE CONTROL AND TECHNOLOGICAL ABUSE AS DOMESTIC VIOLENCE |
29 Cardozo Journal of Equal Rights & Social Justice 507 (Winter, 2023) |
C1-2Table of Contents INTRODUCTION. 508 PARTI. 512 A. What Is Domestic Violence?. 512 B. History of Domestic Violence - Common Law and Change in State Legislation. 513 PART II. 515 A. The Rise in Domestic Violence During the COVID-19 Pandemic. 515 B. The Creation of the New York State Task Force. 519 C. Existing New York Domestic Violence Law. 521... |
2023 |
| Royce Barondes |
RED FLAG LAWS, CIVILIAN FIREARMS OWNERSHIP AND MEASURES OF FREEDOM |
35 Regent University Law Review 339 (2022-2023) |
This Essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act --federal legislation funding state red flag procedures, which allow for seizures of firearms frompersons who have not committed crimes. First, it assesses Maryland's experience during the first year of implementing these procedures.... |
2023 |
| Shirley LaVarco |
REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FROM A TRANSFORMATIVE JUSTICE PERSPECTIVE: DECARCERATION AND FINANCIAL REPARATIONS FOR CRIMINALIZED SURVIVORS OF SEXUAL AND GENDER-BASED VIOLENCE |
98 New York University Law Review 912 (June, 2023) |
While the Violence Against Women Act (VAWA) has long been venerated as a major legislative victory for those subjected to sexual and gender-based violence (S/GBV), VAWA is less often understood as the funding boon that it is for police, prosecutors, and prisons. A growing literature on the harms of carceral feminism has shown that VAWA has never... |
2023 |
| William Jacobs-Perez |
RETHINKING GUN VIOLENCE PREVENTION: POST-BRUEN POLICING AND THE DECRIMINALIZATION OF MINORITY GUN OWNERSHIP |
23 University of Maryland Law Journal of Race, Religion, Gender and Class 104 (Spring, 2023) |
For decades a successful conservative movement has worked to refashion the Second Amendment from a collective right to maintain militias towards a wide-ranging individual right to keep and bear arms. However, absent from this newfound right have been poor men of color, who instead of benefiting from a philosophy centered on liberalizing gun... |
2023 |
| Eric Ruben |
SELF-DEFENSE EXCEPTIONALISM AND THE IMMUNIZATION OF PRIVATE VIOLENCE |
96 Southern California Law Review 509 (February, 2023) |
After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on Stand Your Ground policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse's case reflects a... |
2023 |
| Samuel Vincent Jones |
SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? |
56 UIC Law Review 627 (Winter 2023) |
It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... |
2023 |
| Max Giuliano |
STATE-CREATED DANGER: THE FIFTH CIRCUIT'S REFUSAL TO ADDRESS THE PROBLEM AND ITS DEVASTATING EFFECT ON DOMESTIC VIOLENCE VICTIMS |
127 Penn State Law Review 929 (Summer, 2023) |
Domestic violence is a societal ill that has plagued the United States for decades. By definition, domestic violence is inflicted by private actors, or those not acting in an official or governmental capacity. In the 1989 case of DeShaney v. Winnebago County Department of Social Services, the Supreme Court held that government officials have no... |
2023 |
| Kelly Roskam, J.D. , Chiara Cooper, Ph.D. , Philip Stallworth, J.D. , April M. Zeoli, Ph.D., M.P.H. |
THE CASE FOR DOMESTIC VIOLENCE PROTECTIVE ORDER FIREARM PROHIBITIONS UNDER BRUEN |
51 Fordham Urban Law Journal 221 (October, 2023) |
Introduction. 222 I. Background. 224 A. Domestic Violence Protective Order Firearm Prohibitions. 224 B. Second Amendment Legal History and DVPOs. 227 II. Legal Analysis. 228 A. Section 922(g)(8) - After Heller but Before Bruen. 228 B. New York State Rifle and Pistol Association v. Bruen. 232 C. Section 922(g)(8) after Bruen. 234 1. United States v.... |
2023 |
| Kevin Jon Heller |
THE CONCEPT OF "THE HUMAN" IN THE CRITIQUE OF AUTONOMOUS WEAPONS |
15 Harvard National Security Journal 1 (2023) |
The idea that using killer robots in armed conflict is unacceptable because they are not human is at the heart of nearly every critique of autonomous weapons. Some of those critiques are deontological, such as the claim that the decision to use lethal force requires a combatant to suffer psychologically and risk sacrifice, which is impossible for... |
2023 |
| Jacob D. Charles |
THE DEAD HAND OF A SILENT PAST: BRUEN, GUN RIGHTS, AND THE SHACKLES OF HISTORY |
73 Duke Law Journal 67 (October, 2023) |
In June 2022, the Supreme Court struck down New York's concealed carry licensing law on Second Amendment grounds. In that decision, New York State Rifle & Pistol Association v. Bruen, the Court declared that future Second Amendment challenges should be evaluated solely with reference to text, history, and tradition. By requiring historical... |
2023 |
| Kindaka J. Sanders |
THE NEW DREAD, PART II: THE JUDICIAL OVERTHROW OF THE REASONABLENESS STANDARD IN POLICE SHOOTING |
71 Cleveland State Law Review 1029 (2023) |
C1-2Contents I. Introduction. 1030 II. Excessive Force Law. 1035 A. General. 1035 B. At Common Law. 1041 C. Case Law. 1041 1. Tennessee v. Garner. 1041 2. Graham v. Connor. 1043 3. Scott v. Harris. 1046 4. Plumhoff v. Rickard. 1048 5. County of Los Angeles v. Mendez. 1050 D. Qualified Immunity. 1051 III. Sea Change. 1056 A. Right to Resist an... |
2023 |
| Madalyn K. Wasilczuk |
THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE |
111 Georgetown Law Journal 1125 (May, 2023) |
C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... |
2023 |
| Michael Vastine |
THE RIGHT TO DEPORT IMMIGRANTS BEARING FIREARMS CONVICTIONS SHALL NOT BE INFRINGED? CONTEMPLATING THE CONSEQUENCES FOR IMMIGRANTS' FIREARM CRIMES, IN LIGHT OF BRUEN |
66 Howard Law Journal 475 (Spring, 2023) |
Eventually, this article will turn to the task at hand, using a critique of courts' use of originalism and the categorical approach to illustrate how firearms offenses are characterized as deportable offenses. Originalism and the categorical approach are two intellectual methods--theoretically, at least--for reducing arbitrary outcomes by... |
2023 |
| Noah Levine |
THE SPIRIT OF GUN LAWS |
18 Duke Journal of Constitutional Law & Public Policy Sidebar 241 (2/13/2023) |
In an era of surging rates of gun ownership, increasingly lax gun laws, and widely publicized mass shootings, the discourse surrounding gun control could remain largely a public health debate. That is, experts could compare public health models to determine which firearms laws would save the most lives. Instead, this country frames the issue quite... |
2023 |
| Nermy J. Winner |
THE SPLINTERED MIND AND PATH TO A HEALED SOCIETY: THE STATE OF INDIANA SHOULD MANDATE COGNITIVE BEHAVIORAL THERAPY FOR DOMESTIC VIOLENCE BATTERERS |
20 Indiana Health Law Review 173 (2023) |
Domestic violence is a continuous pattern where one partner in an intimate relationship tries to assert control and dominance over the other partner. Unfortunately, although domestic violence continues to put victims, children, and our society in danger; current intervention and rehabilitation efforts are not effective at mitigating such danger.... |
2023 |
| Hayley N. Lawrence |
TOXIC MASCULINITY AND GENDER-BASED GUN VIOLENCE IN AMERICA: A WAY FORWARD |
26 Journal of Gender, Race and Justice 33 (Winter, 2023) |
Introduction. 34 I. The Relationship between Gender and Gun Violence. 37 A. Suicide. 37 B. Intimate Partner Violence. 41 C. Mass Shootings. 45 II. Can Toxic Masculinity Explain Gender Disparities in Gun Violence?. 49 A. Toxic Masculinity: The Social Construct. 50 B. Masculinity in Gun Culture. 54 C. Toxic Masculinity and Gun Violence. 58 1. Toxic... |
2023 |
| Jacob Warren, Thomas E. Brzozowski , Counterterrorism Section, National Security Division |
TRANSNATIONAL VIOLENT EXTREMISM: A GLOBAL AND LOCAL PROBLEM |
71 Department of Justice Journal of Federal Law and Practice 179 (August, 2023) |
The phrase lone wolf attacker has become a term of morbid familiarity to most people. Both the United States and other countries have experienced domestic terrorism attacks by individuals seemingly acting alone. The Federal Bureau of Investigation's (FBI) own risk assessment is that terrorist attacks from lone actors pose the greatest national... |
2023 |
| Tyler R. Smotherman |
TROUBLESHOOTING THE GUN-FREE SCHOOL ZONES ACT: A CALL FOR AMENDMENT IN THE AGE OF CONSTITUTIONAL CARRY |
55 Texas Tech Law Review 359 (Winter, 2023) |
When Texas recently enacted constitutional carry--allowing ordinary citizens to carry concealed handguns without a permit--it inadvertently added to the many laws conflicting with the Gun-Free School Zones Act of 1990 (GFSZA). The GFSZA generally makes it a federal crime, punishable by five years in prison, to possess a firearm within 1,000 feet... |
2023 |
| Tamara Kuennen |
UNCHARTED VIOLENCE: RECLAIMING STRUCTURAL CAUSES IN THE POWER AND CONTROL WHEEL |
55 Arizona State Law Journal 561 (Summer, 2023) |
Introduction. 562 I. The Ubiquity of the Wheel and Oblivion of the Chart. 565 II. The History of the Wheel and Chart. 569 A. Duluth, Minnesota: 1976-1978. 570 B. Ellen Pence. 573 C. The Domestic Abuse Intervention Project--1980. 575 D. The Women's Curriculum: In Our Best Interest. 578 1. The Creation of a Women's Curriculum. 578 2. The Wheel-Chart... |
2023 |
| David S. Jonas , Tyler Breeden |
UPDATING THE CAROLINE DOCTRINE: A RELIC IN AN AGE OF HYPERSONIC WEAPONS |
38 American University International Law Review 785 (2023) |
I. BACKGROUND. 790 II. CURRENT STATE OF THE LAW. 796 A. Treaties. 796 B. The U.N. Charter and Self-Defense. 799 C. Customary International Law. 801 III. A NEW DOCTRINE. 805 A. The Basic Framework. 806 B. Proportional Response by the Threatened State. 808 C. Current and Future Application. 812 IV. CONCLUSION. 817 |
2023 |
| Julia Gegenheimer, Samantha Trepel , Special Litigation Counsels, Criminal Section, Civil Rights Division |
USING CIVIL RIGHTS STATUTES TO PROSECUTE DOMESTIC VIOLENT EXTREMISM |
71 Department of Justice Journal of Federal Law and Practice 95 (August, 2023) |
Around 10:30 a.m. on a Saturday in El Paso, Texas, a young man wearing dark clothing and ear protection, and carrying an assault rifle and multiple loaded magazines, entered a Walmart parking lot. He began shooting at people in front of the store. He then entered the store and continued firing inside, moving through the aisles to target people whom... |
2023 |
| Cecilia Shields-Auble |
WHAT'S LOVE GOT TO DO WITH IT? REDEFINING DOMESTIC VIOLENCE TO CLOSE FEDERAL FIREARM LOOPHOLES |
75 Maine Law Review 187 (2023) |
Abstract Introduction I. The Limitations of Federal Domestic Violence Law A. The Evolution of Federal Domestic Violence Law B. Background: Confusion Among the Courts 1. Domestic Relationship as an Element 2. Use of Force as an Element 3. Reckless Assault 4. Due Process and the Requisite Mens Rea C. Application Issues II. Legislative Changes A.... |
2023 |
| Michael Tonry |
WHY AMERICANS ARE A PEOPLE OF EXCEPTIONAL VIOLENCE |
52 Crime and Justice 233 (2023) |
Among Western countries, the United States is an exceptionally violent place. Serious intentional violence--homicides, other violent gun crimes, mass killings, and police killings of civilians--is dramatically more common. Many American laws--regarding self-defense retreat doctrines, stand-your-ground laws, permissive or minimal regulation of... |
2023 |
| Leigh Goodmark |
WHY CENTERING THE FAMILY COURT SYSTEM WON'T DECREASE CRIMINALIZATION OF INTIMATE PARTNER VIOLENCE--AND WHY THAT'S A PROBLEM |
30 Virginia Journal of Social Policy and the Law 56 (Spring, 2023) |
Introduction. 57 I. The Family Law System is Not an Alternative to the Criminal Legal System. 59 II. The Family Law System as a Quasi-Carceral System. 60 III. The Family Law System Does Not Prevent Violence. What Could?. 62 Conclusion. 65 |
2023 |
| Lydia Davenport |
WOULD JUSTICE SCALIA THINK BLACK GUNS MATTER? |
47 New York University Review of Law and Social Change 1 (2023) |
Do Black Guns Matter? This Article considers what Justice Scalia's opinion in District of Columbia v. Heller tells us about how the law treats Black gun owners' rights. The opinion appears to tell two stories. One elevates white gun holders through three white paradigms: the colonial revolutionary, the frontiersman, and the hunter. The second... |
2023 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |