| Author | Title | Citation | Summary | Year |
| Rachel Kincaid |
"EXCITED DELIRIUM" TRAINING ENCOURAGES LAW ENFORCEMENT VIOLENCE |
99 Tulane Law Review 49 (November, 2024) |
As George Floyd lay dying in the street with Derek Chauvin kneeling on his neck, another officer expressed concern about excited delirium or whatever. Chauvin responded, that's why we have him on his stomach. When paramedics injected Elijah McClain with an amount of ketamine that was grossly disproportionate to his size, they had just been told... |
2024 |
| Racquel Bozzelli |
A NEW FEDERALIST APPROACH TO REDUCING GUN VIOLENCE: MODEL STATE POLICY FOR MEDICAID-FUNDED, HOSPITAL-BASED VIOLENCE INTERVENTION PROGRAMS |
72 Buffalo Law Review 419 (January, 2024) |
C1-3Contents I. The (Somber) State of the Nation. 420 II. Context. 425 A. Traditional Approaches to Reducing Gun Violence. 425 B. Presidential Support. 427 C. Public Health's Research and Warnings. 429 D. Community Violence Intervention Programs. 433 E. If Nothing Else, Money Talks. 435 III. Medicaid. 437 A. History and Enactment. 438 B.... |
2024 |
| Andrew Bradt, Mallika Kaur |
A SURPRISING ALLY: HARNESSING THE POWER OF PROCEDURE IN DOMESTIC VIOLENCE TORT CASES |
39 Berkeley Journal of Gender, Law & Justice 19 (2024) |
Tort remedies for domestic violence, while not new, are not widely used. Many states do not explicitly provide for them, and those that do may find their goals stymied by procedural obstacles that legislatures did not consider. This paper highlights a recent case that the California legislature, leading the country with its specific Domestic... |
2024 |
| Victoria Morales-O'Connor , Shayak Sarkar |
ADDRESSING WORKPLACE VIOLENCE: FROM COLLECTIVE BARGAINING TO CONSTITUTIONAL FORFEITURES |
57 U.C. Davis Law Review 2941 (June, 2024) |
C1-2Table of Contents Introduction. 2941 I. Dollar Stores. 2944 II. Schools. 2950 III. Foster Care Social Workers. 2957 IV. Counsel at Court. 2962 Conclusion. 2966 |
2024 |
| Daniel S. Harawa |
BETWEEN A ROCK AND A GUN |
134 Yale Law Journal Forum 100 (11/12/2024) |
abstract. The Roberts Court has methodically expanded the scope of Second Amendment rights. But in its first Second Amendment case involving a criminal defendant, United States v. Rahimi, the Court blinked. This Essay examines some of the deeper issues that lurk behind the Court's seemingly inconsistent treatment of Second Amendment rights and what... |
2024 |
| Julia Arnese |
BIPARTISAN SAFER COMMUNITIES ACT: ARE WE ACTUALLY KEEPING GUNS OUT OF YOUNG ASSAILANTS HANDS? |
57 Suffolk University Law Review 87 (2024) |
Six of the nine deadliest mass shootings in the United States since 2018 were by people who were 21 or younger, representing a shift for mass casualty shootings, which before 2000 were most often initiated by men in their mid-20s, 30s, and 40s .. Only two of the 30 deadliest mass shootings recorded from 1949 to 2017 involved gunmen younger than 21... |
2024 |
| R. Brian Tracz |
BRUEN AND THE GUN RIGHTS OF PRETRIAL DEFENDANTS |
172 University of Pennsylvania Law Review 1701 (May, 2024) |
New York State Rifle & Pistol Association v. Bruen announced a novel constitutional test for gun regulation. This test requires gun regulation to be consistent with this Nation's historical tradition of firearm regulation. This Comment provides the first scholarly sketch of historical pretrial firearms regulations. Based on this history, I argue... |
2024 |
| María Fernanda Rotondo, Fernando Esteban Barrientos, Parache Rocío Gramajo, Martín Emilio González, Florencia Vallino Moyano |
CIS, TRANS AND LESBIAN WOMEN IN SITUATIONS OF VIOLENCE AND ACCESS TO JUSTICE IN NORTHWEST ARGENTINA: FROM DIAGNOSIS TO ACTION |
34 Indiana International & Comparative Law Review 59 (2024) |
This paper is an excerpt of the project, Cis, trans, and lesbian women in situations of violence and access to justice in Northwest Argentina. From diagnosis to action, carried out by ANDHES and CLADEM in Jujuy and Tucumán from 2020 to 2023. The project presents the results of the participatory research carried out to determine the status of the... |
2024 |
| David. B. Owens |
CONSENT SEARCHES AS POLICE VIOLENCE |
85 Ohio State Law Journal Online 76 (2024) |
C1-2Table of Contents I. Introduction. 1 A. Consent Searches Must Be Understood in Context of the Spectacle of Police Violence. 2 B. Requests for Consent Are an Expression of Authority (Backed with a Threat of Violence). Can They Ever Be Voluntary?. 8 II. A Proposed Solution: Keep Consent but Make it a Jury Question?. 10 III. Conclusion. 12 |
2024 |
| Jessica Miles |
DISGUSTED JUDGES AND DOMESTIC VIOLENCE |
55 Seton Hall Law Review 353 (2024) |
Domestic violence is disgusting. Seeing a person with a bruised face or black eye can make us cringe. Reading a graphic description of a physical or sexual assault by an intimate partner can lead to revulsion. Like the rest of us, judges experience disgust--both consciously and subconsciously--when confronted with evidence of abuse in intimate... |
2024 |
| Gemma Donofrio |
DOBBS, BRUEN, AND DOMESTIC VIOLENCE: FEWER ABORTIONS, MORE GUNS, AND THE EFFECTS OF BOTH ON SURVIVORS OF INTIMATE PARTNER VIOLENCE |
102 North Carolina Law Review 699 (March, 2024) |
The central focus of this Article is to posit that the approach of courts in invoking notions of privacy to largely ignore intimate partner violence throughout most of American history continues to eclipse the full ramifications of both reproductive rights and Second Amendment case law. Homicide is a leading cause of death for pregnant women, more... |
2024 |
| Serena Dineshkumar, Juliet Dale, Chunhui Li, Grace Campbell, Alison Hagani, Erika Hinkle, Elaine McCabe, Lindsay Sergi, Payton Gannon |
DOMESTIC VIOLENCE |
25 Georgetown Journal of Gender and the Law 473 (Annual Review 2024) |
I. Introduction. 473 II. Current Organization of Domestic Violence Law. 475 A. Federal Laws Relating to Domestic Violence. 476 1. The Violence Against Women Act. 476 a. Immigrant Women. 480 b. LGBTQIA+ Individuals. 481 c. Native Americans. 482 d. Ongoing Criticisms. 484 2. The Lautenberg Amendment. 485 3. Title IX. 489 B. State Law Relating to... |
2024 |
| Jasmine Marchbanks-Owens |
DON'T FORGET ABOUT ME: THE EPIDEMIC AND ERASURE OF VIOLENCE AGAINST BLACK WOMEN AND THE POWER OF THE ENFORCEMENT CLAUSE OF THE THIRTEENTH AMENDMENT |
8 Howard Human & Civil Rights Law Review 163 (2023-2024) |
C1-3Table of Contents L1-2Introduction . L3164 I. Power of the Thirteenth Amendment Enforcement Clause. 167 A. Badges and Incidents. 168 B. Rational Determination Standard and the Power of Jones. 170 C. Current Legal Standard. 171 II. Enslavement: The Badges and Incidents. 172 A. Black Women: Then and Now. 173 III. Identifying Violence Against... |
2024 |
| Cynthia Lee |
FIREARMS AND THE HOMEOWNER: DEFENDING THE CASTLE, THE CURTILAGE, AND BEYOND |
108 Minnesota Law Review 2889 (June, 2024) |
In the spring of 2023, a series of back-to-back shootings shook the nation. A Black teenager in Missouri trying to pick up his two younger siblings went to the wrong door and rang the doorbell. The homeowner came to the door with a gun and, without saying a word, fired two shots at the Black teenager, hitting him in the face and the arm. A few days... |
2024 |
| Jacob D. Charles |
FIREARMS CARCERALISM |
108 Minnesota Law Review 2811 (June, 2024) |
Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun offenders. This Article... |
2024 |
| Lenore E.A. Walker, Ed.D. |
GENDER BASED VIOLENCE: 45 YEARS OF BATTERED WOMAN SYNDROME IN THE COURTS |
57 Suffolk University Law Review 31 (2024) |
It was a sunny day in Billings, Montana, when I first entered a courtroom as an expert witness on behalf of Miriam Grieg, a battered woman who killed her husband in what she claimed was self-defense. Grieg had shot her husband with his own gun--emptying six bullets into his body--and then ran to her mother's house and called the police. She told... |
2024 |
| Jonathan Abel |
GOING FEDERAL, STAYING STATESIDE: FELONS, FIREARMS, AND THE "FEDERALIZATION" OF CRIME |
73 American University Law Review 585 (February, 2024) |
Scholars have long debated the federalization of crime. Proponents assert that federal prosecutions are more likely than state prosecutions to result in convictions and severe punishments, and thus more likely to deter crime. Opponents argue that federalization leads to the arbitrary, and even racist, punishment of a few unlucky defendants plucked... |
2024 |
| David B. Johnson, Joshua J. Robinson, University of Central Missouri, University of Alabama at Birmingham |
GUN DEALER DENSITY AND ITS EFFECT ON HOMICIDE |
67 Journal of Law & Economics 1 (February, 2024) |
We explore the relationship between gun prevalence and homicides in the United States in 2003-19. We create a novel measure of gun density in a narrow geographic area using an underutilized metric: gun dealers. We find that an increase in gun dealer density is significantly and positively associated with increased homicides in subsequent years. We... |
2024 |
| Royce de R. Barondes |
GUNS, VICES AND FREEDOM, OH MY: A PRELIMINARY EMPIRICAL INVESTIGATION |
8 Business, Entrepreneurship & Tax Law Review 1 (Spring, 2024) |
This Essay estimates factors within States that are associated with per capita firearms ownership and the extent of legal restrictions concerning firearms. The metrics are: for the former, a proxy consisting of the fraction of suicides with a firearm; for the latter, Giffords Law Center's ratings of the restrictiveness of a State's regulation of... |
2024 |
| Sarah Sherman-Stokes |
IMMIGRATION DETENTION ABOLITION AND THE VIOLENCE OF DIGITAL CAGES |
95 University of Colorado Law Review 219 (Winter, 2024) |
The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its Alternatives to Detention (ATD) program. The number of people subjected... |
2024 |
| Iris Cardenas , Laurie M. Graham , Marcela Sarmiento Mellinger , Laura Ting |
INDIVIDUALS WHO EXPERIENCE INTIMATE PARTNER VIOLENCE AND THEIR ENGAGEMENT WITH THE LEGAL SYSTEM: CRITICAL CONSIDERATIONS FOR AGENCY AND POWER |
27 Journal of Health Care Law and Policy 113 (2024) |
This Article explores the complexities of intimate partner violence (IPV) victim-survivors' engagement with the legal system, emphasizing the need for culturally responsive and trauma-informed legal interventions. It highlights how intersectional identities and systemic factors shape the experience and decisions of a victim-survivor regarding... |
2024 |
| Christopher Lau |
INTERRUPTING GUN VIOLENCE |
104 Boston University Law Review 769 (April, 2024) |
Who protects us from you? --KRS-One Against the backdrop of declining crime rates, gun violence and gun-related homicides have only risen over the last three years. Just as it historically has, the brunt of that violence has been borne by poor Black and brown communities. These communities are especially impacted: they are not only far more likely... |
2024 |
| Taylor Elyse Mills |
INTERSECTIONALLY-INFORMED ADVOCACY: A STRUCTURAL JUSTICE ACCOUNT OF WRONGFUL CONVICTIONS FOR SEXUAL VIOLENCE |
31 UCLA Journal of Gender & Law 221 (Summer, 2024) |
C1-2Table of Contents Introduction. 222 I. Defining the Scope of the Problem. 225 II. Racial Discrimination Against Men of Color In Sexual Violence Cases. 227 A. A History of Racial Discrimination. 228 B. Structural Racism at Each Stage of the Criminal Justice System. 230 1. Eyewitnesses. 231 2. Police Officer Conduct. 231 3. Other Actors: Juries,... |
2024 |
| Rachel J. Wechsler |
INTIMATE PARTNER VIOLENCE: ACCESS TO PROTECTION BEYOND THE PANDEMIC |
65 Boston College Law Review 2267 (October, 2024) |
Introduction. 2269 I. Intimate Partner Violence and Civil Orders of Protection. 2276 A. Roots and Development of Protective Orders in the Intimate Partner Violence Context. 2277 B. The Value of POs. 2279 II. Protective Order Procedural Trajectories. 2286 A. The Pre-Pandemic Protective Order Process. 2286 B. Enter COVID-19. 2290 1. Early-Stage... |
2024 |
| Mia Cordle |
LAWYERS, GUNS, AND MARIJUANA: HOW N.Y. STATE RIFLE AND PISTOL ASS'N v. BRUEN IS SHAPING FEDERAL MARIJUANA LAW |
93 University of Cincinnati Law Review 151 (10/25/2024) |
In April 2022, Patrick Daniels was pulled over for driving without a license plate. Two law enforcement officers searched his vehicle, found marijuana cigarette butts and firearms, and arrested him. Like millions of Americans, Mr. Daniels owned guns and was a frequent user of marijuana. But unlike most people similarly situated, Mr. Daniels was... |
2024 |
| W. Kip Viscusi , Kyle J. Blasinsky |
LEVERAGING PUBLIC SUPPORT FOR GUN LAWS TO REDUCE MASS SHOOTINGS |
2024 University of Illinois Law Review 707 (2024) |
In the span of ten days, the United States experienced two of the deadliest mass shootings in American history. The first mass shooting at a grocery store in Buffalo, New York, claimed the lives of ten people and left three more injured--mostly elderly shoppers. The second mass shooting at an elementary school in Uvalde, Texas, took the lives of... |
2024 |
| Eric Petterson |
MASS INCARCERATION, VIOLENT CRIMES, AND LENGTHY SENTENCES: USING THE RACE-CLASS NARRATIVE AS A MESSAGING FRAMEWORK FOR SHORTENING PRISON SENTENCES |
55 Saint Mary's Law Journal 475 (2024) |
Introduction. 477 I. A Brief History of Prisons and Sentencing Policy in America. 480 A. Pre-Modern Prisons and Sentencing. 481 B. The Civil War Era. 482 C. Tough on Crime Racial Politics and the Rise of Mass Incarceration. 483 II. International Comparison of Sentencing Policy and Crime Rates. 487 A. America's Tough on Crime Policies Lead to... |
2024 |
| Laura Hallas |
MASS SHOOTINGS AND MASS TORTS: NEW DIRECTIONS IN GUN MANUFACTURER LIABILITY |
41 Yale Journal on Regulation 382 (Winter, 2024) |
Mass shootings are a particularly gutting form of American gun violence. The statistics are staggering to the point of numbing, with the issue's intensity and timeliness enforced day after day, round after round. Gun manufacturers occupy a vital role in the chain of events ending with mass shooting headlines, yet they face little liability for... |
2024 |
| Mark Anthony Frassetto |
MASS VIOLENCE AND THE SECOND AMENDMENT: ANALOGIZING HISTORICAL PROHIBITIONS ON ARMED GROUPS TO MODERN PROHIBITIONS ON ASSAULT WEAPONS AND LARGE-CAPACITY MAGAZINES |
76 Alabama Law Review 43 (2024) |
Introduction. 44 I. The Bruen and Rahimi Framework. 46 II. Restrictions on Armed Groups and the History of Mass Violence. 49 A. Prohibitions on Armed Groups in England. 49 B. Prohibitions on Armed Groups in the American Colonies and United States. 54 C. Prohibitions on Private Militias in the United States. 59 D. A History of Group Mass Violence.... |
2024 |
| Tiffany D. Atkins |
MEDIA + VIGILANTE VIOLENCE: THE FORMULA FOR AMERICAN ATROCITY |
62 University of Louisville Law Review 685 (Summer, 2024) |
[T]he chasm between the principles upon which this Government was founded, in which it still professes to believe, and those which are daily practiced under the protection of the flag, yawn so wide and deep. --Mary Church Terrell In July 2022, Tucker Carlson, the once-popular host of the Fox News' show, Tucker Carlson Tonight, ended a segment... |
2024 |
| Jennifer Carlson, Sanford School of Social and Family Dynamics, Arizona State University, Tempe, AZ, USA, Email: jenniferdawncarlson@asu.edu |
MY RIGHTS, THEIR RIGHTS, OUR RIGHTS: A RESPONSE TO LAURA BETH NIELSEN ON RELATIONAL RIGHTS, GUN POLITICS AND THE STRUGGLE OVER COMMUNITY |
58 Law and Society Review 26 (March, 2024) |
(Received 11 December 2023; accepted 20 December 2023) Today's seeming crises in US law's legitimacy--spanning the political spectrum with respect to the rule of law, democratic process, the criminal justice apparatus, jurisprudential overreach and congressional inaction, alongside the plummeting levels of trust in US institutions more... |
2024 |
| Rangita de Silva de Alwis |
OBSTETRIC VIOLENCE AND FORCED STERILIZATION: CONCEPTUALIZING GENDER-BASED INSTITUTIONAL VIOLENCE |
9 University of Pennsylvania Journal of Law & Public Affairs 95 (February, 2024) |
The twenty-first century continues to witness gynecological abuse in the form of forced sterilizations of minority women. In many parts of the world, states weaponize family planning programs as a form of reproductive policy against poor women and women of color, treating women's fertility as a drain on the state's resources. The first part of this... |
2024 |
| Travis Thickstun |
POLICE SHOOTINGS AFTER TORRES v. MADRID: SUSPECTS ELUDING CAPTURE ARE SEIZED UNDER FOURTH AMENDMENT |
26 Scholar: St. Mary's Law Review on Race and Social Justice 340 (2024) |
Introduction. 341 I. History of the Development of the Doctrine of Seizures of Persons Under the Fourth Amendment. 343 A. Distinguishing Investigatory Stops from Full Arrests. 343 B. Lack of Clarity Before Torres Lead to Circuit Split. 344 C. Distinguishing Seizures by Force and Seizures by Control. 345 II. Torres v. Madrid. 346 III. Consistency of... |
2024 |
| Jeremy Bearer-Friend |
RACE-BASED TAX WEAPONS |
14 UC Irvine Law Review 1067 (October, 2024) |
In the United States, the term poll tax often refers to a very specific tactic of white supremacy: the use of tax policy to prevent voting by Black citizens. While poll tax is an accurate descriptor of these taxes, poll taxes have a much more expansive history within the twentieth century. Following in the rich tradition of comparative tax... |
2024 |
| Natalie Nanasi |
RECONCILING DOMESTIC VIOLENCE PROTECTIONS AND THE SECOND AMENDMENT |
59 Wake Forest Law Review 131 (2024) |
In March of 2023, the Fifth Circuit Court of Appeals held that individuals subject to domestic violence protective orders could not be required to give up their guns. The decision was the first of a federal appellate court to overturn a firearm regulation pursuant to New York State Rifle & Pistol Association v. Bruen, a 2022 Supreme Court opinion... |
2024 |
| Amanda Alexander, J.D., Ph.D., Tolulope Sonuyi, M.D., M.Sc. |
REDUCING COMMUNITY VIOLENCE & INCARCERATION: INSIGHTS FROM A HEALTH-JUSTICE PARTNERSHIP IN DETROIT |
42 Yale Law and Policy Review 773 (Spring, 2024) |
Community violence is the leading cause of death for young adults in Detroit. Our community and others across the country desperately require solutions that center the needs of violence survivors and interrupt cycles of violence, reinjury, retaliation, incarceration, and premature death. Most cities have confronted the problem of community violence... |
2024 |
| Bonnie Carlson |
SALVAGING FEDERAL DOMESTIC VIOLENCE GUN REGULATIONS IN BRUEN'S WAKE |
99 Washington Law Review 1 (March, 2024) |
Abstract: Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars firearm possession for protection order respondents, and the Lautenberg Amendment, which bars firearm possession for those convicted of misdemeanor crimes of domestic violence. Both laws have been repeatedly upheld by federal courts... |
2024 |
| Jonathan Kurzfeld , Department of Economics, Bates College, 205 Hedge Hall, Lewiston, ME 04210, United States of America |
STRATEGIC ANARCHY; A MODEL OF PRISON VIOLENCE AS A MEANS TO INFORMAL GOVERNANCE AND RENT EXTRACTION |
79 International Review of Law & Economics 1 (September, 2024) |
MSC: K42 L22 D01 D23 Keywords: Prison Violence Gangs Informal governance Illicit goods Black market Prison gangs are often thought to create a culture of violence in U.S. prisons and jails. Yet mounting research and evidence suggests that prison gangs, in pursuit of profits from illicit market activity, also act as a check on the violent behavior... |
2024 |
| Erin M. Carr |
THE "HISTORY AND TRADITION" OF THE SANCTIFICATION OF STRUCTURAL VIOLENCE: A REVIEW OF THE CYCLICAL CORROSION OF CONSTITUTIONAL PROTECTIONS |
27 Journal of Gender, Race and Justice 1 (Winter, 2024) |
In recent decades, the American political and legal landscape has undergone a radical, though not necessarily unprecedented, transformation. Hard-fought progress in the area of civil rights has been eviscerated through sophisticated efforts to legitimize a political, economic, social, and legal system that devalues and exploits non-whites, women,... |
2024 |
| Jordan J. Al-Rawi |
THE CASE FOR RELAXING BRUEN'S HISTORICAL ANALOGUES TEST: RAHIMI, DOMESTIC VIOLENCE REGULATION, AND GUN OWNERSHIP |
39 Berkeley Journal of Gender, Law & Justice 93 (2024) |
The Supreme Court's grant of certiorari to review United States v. Rahimi presents the Court with an important opportunity to clarify its 2022 ruling in New York State Rifle & Pistol Association v. Bruen. In Rahimi, the Fifth Circuit expanded Bruen's historical approach to the Second Amendment when it struck down a 1994 federal law, 18 U.S.C. §... |
2024 |
| Victoria Nourse |
THE COMMON LAW'S RESISTANCE TO GENDER VIOLENCE |
110 Iowa Law Review 167 (November, 2024) |
ABSTRACT: Over twenty years ago, Congress developed a mountain of evidence that state criminal and civil remedies against sexual assault and battering were inadequate. The Supreme Court rejected that evidence in United States v. Morrison, striking down a federal civil rights remedy for sexual assault and battering. Since then, there have been... |
2024 |
| Dru Stevenson |
THE GUN INDUSTRY AND THE NEW ANTI-BOYCOTT LAWS |
76 Florida Law Review 1073 (July, 2024) |
Anti-boycott laws are an emerging trend in our legal system, especially in state legislatures. In the last seven years, more than half the states have adopted laws that sanction, in various ways, firms that boycott the nation of Israel. Even more recently, several states have adopted laws that discourage corporations--especially financial... |
2024 |
| Emily Knowlan |
THE LINK BETWEEN INDIVIDUAL DOMESTIC VIOLENCE AND MISSING & MURDERED INDIGENOUS WOMEN: VAWA IS NOT ENOUGH |
20 University of Saint Thomas Law Journal 466 (Spring, 2024) |
In 2019 and 2020, I worked as a domestic violence legal advocate with the Domestic Abuse Project in Minneapolis, Minnesota. It was here I first worked with Native American individuals from the Minneapolis community who were experiencing or had experienced domestic violence and were seeking help. In working with members of the community, I saw... |
2024 |
| Nicholas J. Johnson |
THE MODERN ORTHODOXY IS A FAILED EXPERIMENT: TOWARD A RACE SENSITIVE, HARD LOOK AT FIREARMS POLICY AND THE BLACK COMMUNITY |
14 UC Irvine Law Review 1209 (October, 2024) |
This article extends the work on firearms and the Black community through an expanded critique of Black allegiance to the progressive gun control agenda. I have argued that this modern orthodoxy is at odds with the history of, and longstanding justifications for, Black distrust of the state. This article extends that argument in light of more... |
2024 |
| Sean A. Hill II |
THE RIGHT TO VIOLENCE |
2024 Utah Law Review 609 (2024) |
Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe... |
2024 |
| Joshua Hochman |
THE SECOND AMENDMENT ON BOARD: PUBLIC AND PRIVATE HISTORICAL TRADITIONS OF FIREARM REGULATION |
133 Yale Law Journal 1676 (March, 2024) |
In New York State Rifle & Pistol Association v. Bruen, the Supreme Court reaffirmed that laws prohibiting the carrying of firearms in sensitive places were presumptively constitutional. Since Bruen, several states and the District of Columbia have defended their sensitive-place laws by analogizing to historical statutes regulating firearms in other... |
2024 |
| Holly Jeanine Boux |
THE THREAT IS COMING FROM INSIDE THE BAR: USING THE RULES OF PROFESSIONAL DISCIPLINE TO CHALLENGE GENDER-BASED THREATS AND VIOLENCE |
37 Georgetown Journal of Legal Ethics 207 (Spring, 2024) |
This article argues that the legal profession has failed to effectively recognize and address violent misogyny as it occurs within the profession. It lays out a roadmap for the American Bar Association (ABA) and state bar associations across the country to follow in order to more successfully address this problem. The article begins by exploring... |
2024 |
| Erin C. Carroll |
THE VIOLENCE OF FREE SPEECH AND PRESS METAPHORS |
81 Washington and Lee Law Review 87 (Winter, 2024) |
Today, our free speech marketplace is often overwhelming, confusing, and even dangerous. Threats, misdirection, and lies abound. Online firestorms lead to offline violence. This Article argues that the way we conceptualize free speech and the free press are partly to blame: our metaphors are hurting us. The primary metaphor courts have used for a... |
2024 |
| Cary Chapman |
TOWARDS ACCESSIBLE PRO SE DIVORCE FOR DOMESTIC VIOLENCE SURVIVORS IN PENNSYLVANIA |
173 University of Pennsylvania Law Review 243 (November, 2024) |
In situations of domestic violence, divorce offers legal freedom from an abusive spouse. But too often, access to divorce cuts along class lines. While the affluent have access to attorneys to navigate the complex procedural requirements in Pennsylvania's divorce code, low-income litigants have no such luxury. Many pro se divorce litigants simply... |
2024 |
| Riley Freedman |
TRANSPORTATION RACISM AND STATE-CREATED DANGER: A CIVIL RIGHTS LITIGATION STRATEGY FOR PEDESTRIANS HARMED BY TRAFFIC VIOLENCE |
99 Washington Law Review 919 (October, 2024) |
Abstract: Pedestrian fatality rates in the United States are markedly high compared to peer nations and are on the rise. The distribution of these deaths shows an alarming racial gap: Black pedestrians are twice as likely to be killed compared to white pedestrians. One significant factor that explains the disparity is the greater presence of wide,... |
2024 |