Law and Society Commons^™

Amplified Speech, Erin L. Miller

Cardozo Law Review

This Article introduces the concept of amplification into First Amendment law. Amplification, or the size of the audience reached by speech, lies at the heart of many contemporary free speech struggles. Yet the concept is surprisingly absent as a category of analysis from constitutional doctrine and virtually undiscussed in legal scholarship. Amplification deserves its own set of legal rules and doctrines, because the right to amplify one’s speech serves the two core types of First Amendment interests—those of audiences and those of speakers—differently than the right to choose the content of one’s speech. The higher the degree of amplification, the …

From Museum To The Auction Block: Regulating The Deaccessioning Of Art, Jenny Lyubomudrova

Cardozo Law Review

No abstract provided.

A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens

South Carolina Law Review

No abstract provided.

Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo

South Carolina Law Review

No abstract provided.

Introduction, Kate Levine

Cardozo Law Review

No abstract provided.

First Step Act Of 2018: How Its Statutory Interpretation Limits Criminal Justice Reform, Adriana E. Morquecho

American University Journal of Gender, Social Policy & the Law

Introduction

Today, the United States incarcerates more people than any other country in the world. Nearly half a million people are incarcerated in federal and state prisons for drug offenses, up from just 41,000 in 1980. Mass incarceration has disproportionately affected communities of color, with the American Civil Liberties Union noting that one out of every three Black boys and one out of every six Latino boys born today can expect to be imprisoned, compared to one out of every seventeen white boys. Notably, the 1980s marked the beginning of the War on Drugs, which led to a spike in …

Detention Of At-Risk Individuals During Covid-19: Humanitarian Parole And The Eighth Amendment, Kaylette Clark

American University Journal of Gender, Social Policy & the Law

I. Introduction

Manuel Amaya Portillo is a 23-year-old asylum seeker from Honduras who is detained at LaSalle Detention Center in Louisiana. Amaya Portillo has neurological issues, heart issues, and a physical deformity. While detained, Amaya Portillo has not received the accommodations he needs, such as a wheelchair and accessible housing. On January 8, 2020, the American Civil Liberties Union (ACLU) wrote a letter to Immigration and Customs Enforcement (ICE) requesting that Amaya Portillo’s request for humanitarian parole be granted in light of his disabilities. Even with access to a wheelchair, Amaya Portillo will continue to face challenges while detained, including …

Recovering The Race Analogy In Lgbtq Religious Exemption Cases, Kyle C. Velte

Cardozo Law Review

No abstract provided.

Examining The Case For Socialized Law, Myriam E. Gilles, Gary Friedman

Articles

Most people would agree with Frederick Wilmot-Smith that the rich have no greater claim to justice than the poor. And yet, as Wilmot-Smith points out in his provocative book, Equal Justice: Fair Legal Systems in an Unfair World, our laissez-faire legal-services markets ensure sharply unequal justice for rich and poor. The prescription at the heart of Equal Justice is the deprivatization of markets for legal services. To realize the ideal of equal justice, Wilmot-Smith would equalize the legal talent available to all and replace the market system with a centralized regime loosely analogous to socialized medicine.

Wilmot-Smith’s bold ideas …

The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny

American University Journal of Gender, Social Policy & the Law

Introduction.

The #MeToo movement is one of the most far-reaching social media movements in history and its impact can still be felt years later. As the hashtag in the name suggests, the #MeToo movement gained the bulk of its momentum on Twitter but the movement’s actual origins began on MySpace in 2006. Tarana Burke, a long-time activist, founded the nonprofit organization Just Be Inc., which serves survivors of sexual assault and harassment. Burke came up with the concept of “me too” in 1997 when she was counseling a 13-year-old survivor of sexual abuse at a youth camp. Burke states that …

Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro

American University Journal of Gender, Social Policy & the Law

Introduction.

On June 16, 2015, President Trump announced his 2016 presidential campaign and claimed that Mexicans are criminals who “[h]ave lots of problems . . . they’re bringing drugs. They’re bringing crime. They’re rapists . . . It’s coming from all over . . . Latin America.” President Trump has publicly expressed his hostility towards immigrants by calling them “animals” and blaming them for drugs and gangs in the United States. While in office, President Trump tweeted that immigrants were invading the United States and suggested that “we must immediately, with no Judges or Court Cases, bring them back from …

As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

The Dangers To The American Rule Of Law Will Outlast The Next Election, Paul Gowder

Cardozo Law Review de•novo

According to many constitutional lawyers and political scientists, the presidential administration of Donald Trump (for scholars on the left), or the response to that presidency (for scholars on the right) poses serious dangers to American constitutional democracy and the rule of law. However, this Essay argues that a more careful understanding of the contemporary dangers to the American rule of law are both broader-based and longer-term: inequality among the public, and epistemic polarization among the public as well as among legal elites (including constitutional law professors themselves), undermine the capacity of the American people to use the political tools available …

Equality Is A Brokered Idea, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …

Raising The Bar On Accessibility: How The Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss

American University Journal of Gender, Social Policy & the Law

Introduction

Think about the steps it takes to get from law school admission through passing the Bar exam. Not only do you have to graduate with your college degree, but you have to take the Law School Admissions Test (LSAT); enroll in law school; potentially take out student loans; do plenty of reading; pass all of your classes; survive a few internships; participate in clinics, practicums and activities; obtain the juris doctor degree; study for weeks and months on end to take the bar exam; and hope for good news to begin your journey as an attorney. While it sounds …

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …

The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith

South Carolina Law Review

No abstract provided.

The Signature Of Gerrymandering In Rucho V. Common Cause, Andrew Chin, Gregory Herschlag, Jonathan Mattingly

South Carolina Law Review

No abstract provided.

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle

Scholarly Articles in Law Reviews & Journals

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …

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. …

When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Ethics And The History Of Social Movement Lawyering, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Designing Without Privacy, Ari Ezra Waldman

Articles & Chapters

In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine. As such, if we want the mobile apps, websites, robots, and smart devices we use to respect our privacy, we need to institutionalize privacy throughout the corporations …

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Articles

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.

Giving Guidance To The Guidelines, Jelani Jefferson Exum

South Carolina Law Review

No abstract provided.

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman

South Carolina Law Review

No abstract provided.

If Its Walks Like Systematic Exclusion And Quacks Like Systematic Exclusion: Follow-Up On Removal Of Women And African-Americans In Jury Selection In South Carolina Capital Cases, 1997-2014, Ann M. Eisenberg, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume

South Carolina Law Review

No abstract provided.

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari Hong

Cardozo Law Review de•novo

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane.

Rock, Paper Scissors…Loot!, Michael A. Mogill

Faculty Scholarly Works

No abstract provided.

Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam E. Gilles

Articles

Partisans on one side of the class action debates argue that the class device is a critical enforcement tool that increases much-needed access to justice. Combatants on the other side scoff that class actions are tools for shaking down corporations for settlement payments and attorneys’ fees in unmeritorious cases. In his most recent book, Entrepreneurial Litigation: Its Rise, Fall and Future, John C. Coffee puts both sides in their place, providing an account that, he aptly tells us, “has long been missing in the literature, in large part because academics writing in this area either have been so ideologically committed …