Social justice movements must abandon their longstanding reliance on the Supreme Court to stave off the worst threats to the rights of members of marginalized and vulnerable groups. The fight for rights in the United States may well start to more closely resemble, for perhaps the first time since the civil rights movement, that in many places abroad. […]
To achieve adequate representation, House elections should strive to achieve as few distortions of the popular will as possible, while maintaining identifiable, local representation. Most U.S. elections are first-past-the-post, also known as single-member district plurality systems (SMDP). SMDP produces identifiable local representatives but fails to accurately reflect voter sentiment. Instead, House elections should implement a single-transferable vote system (STV) within multimember districts. […]
No state agents have been impressed into service. But the anti-commandeering doctrine is based on a theory of political accountability, which is undermined by these unmarked federal agents. Thus, while there is no formal commandeering happening, the federal government’s use of unmarked agents creates exactly the kind of confusion in the lines of political accountability that the anti-commandeering doctrine is designed to prevent. […]
The controversies over social media center on some fundamental ideas—namely, free speech and its societal value. Historians debate why the Framers chose to add the protection of free speech to the First Amendment. But depending on one’s legal philosophy, the Framers’ intentions should not be the only issue on this matter. Like with most normative questions, the value of free speech splits into two camps of thought: the utilitarian and the deontology. […]
The bar exam must be abolished in order for the legal profession to better achieve full and equal participation in the justice system, and a competent, ethical, and diverse legal profession. […]
When it comes to global health, the World Health Organization (WHO) is the most widely acknowledged international authority and the major coordinator of international efforts to contain communicable diseases. However, the organization is now under close scrutiny as the media and governments of some Member States have accused the WHO of responding to the unprecedented crisis in a disappointing way.
The dirty little secret of the juvenile delinquency system—or what its apologists insist on calling the juvenile “justice” system—is not actually particularly secret. In study after study, independent researchers arrive at the same, discomfiting conclusion: the delinquency system fails at its core function of preventing youth who have committed crimes from doing it again. This sobering conclusion is one that bears repeating—the very system tasked with rehabilitating our youth is actually doing exactly the opposite. […]
[…] Recently, White women have placed their bodies between riot officers and Blacks Lives Matter protesters, capitalizing on their privileged position with police. But once the protests end, it is likely fearful women will continue to reflexively call the cops, and police departments will continue to tout their role as women’s protectors. The time to end the feminist-police alliance is now.
The COVID-specific resentencing found under compassionate release offers a unique opportunity for humanizing a defendant. It is important to recognize, however, that humanizing defendants in a dehumanizing system will never solve pervasive structural problems like anti-Black racism, mandatory minimums, society’s refusal to examine prisons, or the global pandemic. […]
As law professors and legal professionals, we felt compelled to respond to the current moment by bringing our collective experience in labor and civil rights law to bear on urgently needed reforms in policing. We formed a study group to consider possible changes to law enforcement labor relations with the goal of proposing politically feasible reforms that could be quickly implemented and would meaningfully address some of the grave problems in policing. […]