Law Commons^™

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …

Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues, Cheryl Page

Journal Publications

Society and our criminal justice system place a value on victims and defendants. We manifest this valuation in how we mete out punishment, how we choose who will be stopped, frisked, searched, arrested, charged, given probation, have charges dismissed and even expunged. We show the worth we place in people by the fact that 95% of elected prosecutors are white males and they have control and say over a jail and prison population that is increasingly People of Color.

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …

Enforcing The Right To Public Education, Areto A. Imoukuede

Journal Publications

This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.

Technologically Competent: Ethical Practice For 21st Century Lawyering, Heidi Frostestad Kuehl

Journal of Law, Technology, & the Internet

The impact of technology and social media on litigation and the infiltration of technology into the U.S. and world markets are undeniable. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for ethical practice. This Article will identify the obligations of technological competence embodied in Model Rule 1.1 and examine the current cases and ethical decisions that reveal the evolving national and state-specific technological competence standards. After reviewing the timeline of cases and current scholarly literature, this Article proposes a more specific ethical standard for baseline knowledge of various technologies according to current practice …

The Pressures Of Passing, Reinforced By Precedent, Lee Clark

City University of New York Law Review

The United States legislature has acted and will continue to act in ways that that will affect the transgender and non-binary communities in damaging ways. The outdated language they use has set a precedent for how the legal system interprets and constructs laws and policy around trans rights today. The trans community is fighting for more inclusive language5 through fashion, garments, and stores in an industry that is notoriously gendered, yet the legal system is not getting the hint. In this article, I give background information and theory on the transgender community and I argue that there is a direct …

Stewarding The City As Commons: Parks Conservancies And Community Land Trusts, John Krinsky, Paula Z. Segal

City University of New York Law Review

Urban land is one of the commons most in danger of enclosure in the present era. “Commons” emerge out of and are enacted through sustained patterns of local use, through collective actions that give life to and re-assign the roles of spaces, and through individual investments of time, love, and energy. Creating commons—or commoning—makes place out of space, while asserting the “right to not be excluded” from the use of that place.

Commoners have a right to be part of the decision-making for the distribution of shared assets. Management of commons should be voluntary, adaptive, inclusive, and available to all. …

A New Balance: Weighing Harms Of Hiding Police Misconduct Information From The Public, Cynthia Conti-Cook

City University of New York Law Review

Three New York City events in the past two years have demonstrated how hiding information related to police misconduct harms its residents. In April 2016, the New York Police Department (“NYPD”) eliminated public access to misconduct information by taking down a clipboard in the Deputy Commissioner of Public Information’s office that posted disciplinary summaries and removing decades worth of archives of those same summaries from City Hall. In September 2017, an Administrative Law Judge employed by the NYPD closed from the public a courtroom where a former officer was about to be impeached with his prior disciplinary record. In April …

Introduction To The Symposium Issue: Blockchain Technology And The Law, Del C. Wright Jr.

Faculty Works

No abstract provided.

Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With Search For The Organization's Conceptual Founding, Patrick C. Brayer

Faculty Works

This article traces the role of Roger Nash Baldwin as a leading figure in the American civil liberties movement in the early twentieth century. In particular, the article highlights the central role of St. Louis in this history. At the advice of family friend Louis Brandeis, Baldwin moved to St. Louis to become a sociology professor at Washington University. At the time, St. Louis was a center of migration for African Americans escaping oppression in the South. The article traces a variety of geographical locations throughout St. Louis that were important to Baldwin’s development as a leader in the civil …

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Faculty Works

This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …

Recent Pto Guidance Charts A New Course Through The Patent Eligibility Quagmire, Christopher M. Holman

Faculty Works

In a span of four years, 2010-2014, the U.S. Supreme Court issued four decisions that have dramatically altered patent eligibility jurisprudence: Bilski, Mayo, Myriad, and Alice. Ever since Bilski was decided, the PTO has struggled to apply the new patent eligibility jurisprudence in a consistent and predictable manner. The two part framework for assessing patent eligibility, as set for in Alice and Mayo, is stated at a high level of abstraction, and the Supreme Court has given little concrete guidance as to how it is to be applied beyond the specific claims at issue in its precedent. At times, the …

Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter

Faculty Works

Social justice lawyers come to the profession intending to make a difference through the instruments of law. And gloriously, they often make a difference in people’s lives for the better. They make our world a more just, compassionate, and tolerant place. But there is no denying that, in poverty law practice, legal success can be elusive, ephemeral, or perhaps a mirage. How does that lawyer feel when the legal remedies at her disposal, even if “successful,” fail to mitigate the injustices suffered by her clients? Are there definitions of professional satisfaction and success that are enduring, even if legal success …

We All Have Role In Protecting Our Justice System: Promoting Procedural Fairness, Steve Leben

Faculty Works

No abstract provided.

Rule Of Law With Asian Characteristics: Cultural Insights From The Occupy Central Movement In Hong Kong, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Michelle A. Reid

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Audible: Contractual Relations Between Schools And Their Student-Athletes Are Due For A Reroute, Tyler Jordan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Land Of The Free Market: U.S. Companies Continue To Enjoy Greater Legal Protection Than Consumers, Christopher Leblanc

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

All For One And One For - Some: Challenging The Constitutionality Of Massachusetts Charter School Legislation After Doe No. 1 V. Secretary Of Education, Perry Gans

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Reexamining The Admissibility Of The Defendant's Non-Inculpatory Statements At Trial, Wes Reber Porter

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Truancy, Secure Detention, And The Right To Liberty, Amanda Mcnelly

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sentencing Statutes: The Deviation From Federal Sentencing Guidelines And Variation Among States' Sentencing Laws, Ashley Walsh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Rights - Slamming Shut The Courthouse Doors: The Supreme Court's Expansive View Of Qualified Immunity Kills Section 1983 Suits For Excessive Force At Summary Judgment - Kisela V. Hughes, 138 S. Ct. 1148 (2018), Kevin Hennessey

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Turning Texters Into A Civil Liability: Texting And Driving Bans And New Ways Of Expanding Liability On The Road, Julianne Jeha

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

State Of Slayer's Estate, Paul Mourad

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Straight Past Go And Collect $200: A Look Into The Clayton Act And Vertical Mergers Within Corporate America, Natalie Brough

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Contract Law/Property Law - Just Text The Contract Over - St. John's Holdings, Llc V. Two Elecs., No. 16 Misc 000090 Rbf, 2016 Wl 6191911 (Mass. Land Ct. Oct. 24, 2016), Darius Brown

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.