| Author | Title | Citation | Summary | Year | Relevancy |
| Sidney D. Watson |
LESSONS FROM FERGUSON AND BEYOND: BIAS, HEALTH, AND JUSTICE |
18 Minnesota Journal of Law, Science & Technology 111 (Winter, 2017) |
Introduction. 111 I. Racial Bias, Health, and Health Care. 115 II. Affordable Care Act: A Health Equity Agenda. 126 III. Section 1557 of the Affordable Care Act. 131 Conclusion. 141 |
2017 |
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| Katherine J. Bies |
LET THE SUNSHINE IN: ILLUMINATING THE POWERFUL ROLE POLICE UNIONS PLAY IN SHIELDING OFFICER MISCONDUCT |
28 Stanford Law and Policy Review 109 (2017) |
Introduction. 110 I. Arguments for and Against Police Officer Misconduct Confidentiality Laws. 113 A. Overview of Confidentiality Legislation. 114 B. The Argument for Confidentiality. 115 C. Countervailing Public Interest: Transparency and Accountability. 117 1. Accountable and Transparent Decision-making. 118 2. Trust and Community Relations. 119... |
2017 |
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| Monique Peterkin, Editor-in-Chief, Volume 60 |
LETTER FROM THE EDITOR-IN-CHIEF |
60 Howard Law Journal vii (Winter, 2017) |
If Volume 60, Issue 1 of the Howard Law Journal represented the United States in its current form, Issue 2 represents its transcendence over time. With the Journal being in its sixtieth year, our hope is that this Volume as a whole leads to meaningful discussion and reflection about the state of our country. In the past sixty years, what exactly... |
2017 |
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LITIGATING POLICE MISCONDUCT: DOES THE LITIGATION PROCESS MATTER? DOES IT WORK? |
11 Northwestern Journal of Law & Social Policy 366 (Fall, 2017) |
TRANSCRIPT OF PROCEEDINGS held at Northwestern University School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015, at 11:00 a.m. MODERATOR: MR. LOCKE E. BOWMAN, Clinical Professor of Law at Northwestern University School of Law, and Executive Director of the Roderick and Solange MacArthur... |
2017 |
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| Laura I Appleman |
LOCAL DEMOCRACY, COMMUNITY ADJUDICATION, AND CRIMINAL JUSTICE |
111 Northwestern University Law Review 1413 (2017) |
Abstract--Many of our criminal justice woes can be traced to the loss of the community's decisionmaking ability in adjudicating crime and punishment. American normative theories of democracy and democratic deliberation have always included the participation of the community as part of our system of criminal justice. This type of democratic localism... |
2017 |
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| Courtney Harper Turkington |
LOUISIANA'S ADDICTION TO MASS INCARCERATION BY THE NUMBERS |
63 Loyola Law Review 557 (Fall, 2017) |
I. INTRODUCTION. 557 II. THE HISTORY AND CURRENT STATE OF THE WAR ON DRUGS. 559 A. The Fabrication of a Drug and Racial Threat. 559 B. Public Belief in the Drug Threat and the Subsequent Marginalization of Minorities. 562 C. Impact of Successive Administrations' War on Drugs. 563 III. MASS INCARCERATION IN LOUISIANA: THE WORLD'S PRISON CAPITAL. 566... |
2017 |
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| Shon Hopwood |
MARIE GOTTSCHALK, CAUGHT: THE PRISON STATE AND THE LOCKDOWN OF AMERICAN POLITICS, PRINCETON, NJ: PRINCETON UNIVERSITY PRESS, 2015, PP. 474, $35.00 CLOTH; $24.95 PAPER |
66 Journal of Legal Education 445 (Winter, 2017) |
The American criminal justice system is a mess. It criminalizes too much conduct, disproportionately targets the poor and people of color, and overly relies on incarceration. It has become so immense that millions of Americans are starting to feel its squeeze as its grip fails every demographic of America from crime victims and taxpayers to those... |
2017 |
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| Nicholas F. Stump |
MOUNTAIN RESISTANCE: APPALACHIAN CIVIL DISOBEDIENCE IN CRITICAL LEGAL RESEARCH MODELED LAW REFORM |
41-FALL Environs Environmental Law and Policy Journal 69 (Fall, 2017) |
John Rawls authored the modern seminal work on civil disobedience in A Theory of Justice. Like all Rawlsian political theory, civil disobedience is very much conceived vis-à-vis the liberalism paradigm. Through this restrictive lens, the role of civil disobedience is in communicating injustices to the societal majority and to legal-institutional... |
2017 |
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| Scott L. Cummings |
MOVEMENT LAWYERING |
2017 University of Illinois Law Review 1645 (2017) |
This Article explores an important development in American legal theory and practice over the past decade: the rise of movement lawyering as an alternative model of public interest advocacy focused on building the power of nonelite constituencies through integrated legal and political strategies. Its central goal is to explain why movement... |
2017 |
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| Sameer M. Ashar |
MOVEMENT LAWYERS IN THE FIGHT FOR IMMIGRANT RIGHTS |
64 UCLA Law Review 1464 (December, 2017) |
As immigration reform initiatives driven by established advocacy organizations in Washington, D.C. were successively defeated in the mid-to-late 2000s, movement-centered organizations and newly created formations of undocumented youth mobilized against the federal-local immigration enforcement regime of the Bush and Obama administrations. This... |
2017 |
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| Jeff Esparza |
MURDER WAS THE CASE: MISSOURI'S FIRST-DEGREE MURDER STATUTES ARE LITTERED WITH CONSTITUTIONAL DEFECTS |
85 UMKC Law Review 773 (Spring, 2017) |
Missouri's first-degree murder statutes are so riddled with facial and implied constitutional errors that they cannot survive even cursory scrutiny. Certainly, murder statutes, and the death penalty in particular, have received a good deal of commentary, but none have directly addressed the constitutional infirmities which so permeate Missouri's... |
2017 |
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| Nida Siddiqui |
N Σ NATIONAL SECURITY FRAT PARTY: GOVERNMENT SURVEILLANCE ON COLLEGE CAMPUSES |
9 Northeastern University Law Review 453 (Summer, 2017) |
I. Introduction. 455 II. Initiation: History of Surveillance on College Campuses. 457 A. The Early Beginnings of the College Surveillance Era. 457 B. The Court's Evolving Interpretation of the University-Student Relationship. 459 III. House Rules: Governing Case Law and Statutes Concerning Student Privacy. 461 A. The Fourth Amendment & Reasonable... |
2017 |
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| Lucy Jewel |
NEURORHETORIC, RACE, AND THE LAW: TOXIC NEURAL PATHWAYS AND HEALING ALTERNATIVES |
76 Maryland Law Review 663 (2017) |
Persuasion happens in both the brain and the body. Departing from a Cartesian view of rationality, neuroscience explains that the mind and the body are highly integrated. It is a fallacy to believe that we engage with arguments in an abstract, analytical, and unemotional fashion. Instead, neuroscience explains that when rhetoric influences us, it... |
2017 |
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| Jeffrey Fagan , Elliott Ash |
NEW POLICING, NEW SEGREGATION: FROM FERGUSON TO NEW YORK |
106 Georgetown Law Journal Online 33 (2017) |
In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the New Policing. Breaking with a past tradition of reactive policing, the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The... |
2017 |
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| Glenn Harlan Reynolds |
OF COUPS AND THE CONSTITUTION |
48 Columbia Human Rights Law Review 111 (Spring, 2017) |
Military coups are, for the most part, outside the American political tradition. Talk of military coups, however, tends to surface at times when politics are divided and the nation is under stress. Such talk has resurfaced during the recent election season and a YouGov poll of Americans even found that support for a military coup, while perhaps not... |
2017 |
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| David L. Johnson |
OFFICE POLITICS: PREVENTING DISRUPTIVE POLITICAL DISCOURSE |
32 Tennessee Employment Law Letter 3 (May 1, 2017) |
Recently, a Pennsylvania YMCA stopped showing cable news shows on the TVs in its gym because they were prompting political squabbles among its members. When filtered into the diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability issues for employers. Sometimes political discussions... |
2017 |
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| Jeremy Dunham, Holly Lawford-Smith, University of Sheffield, Department of Philosophy, j.dunham@sheffield.ac.uk, University of Sheffield, Department of Philosophy, h.lawford-smith@sheffield.ac.uk |
OFFSETTING RACE PRIVILEGE |
11 Journal of Ethics & Social Philosophy 1 (January, 2017) |
ON SATURDAY, AUGUST 9, 2014, Michael Brown was shot - six times - and killed by Darren Wilson, a white police officer in Ferguson, Missouri (see e.g., Buchanan et al. (2014)). Since that date, Ferguson has been the center of a movement in the United States against what amounts to modern racial separation. Brown was the fourth unarmed black man to... |
2017 |
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| Lisa Loo |
ON RACE, TOUGH TALKING, HARDER HEARING |
53-APR Arizona Attorney 6 (April, 2017) |
Race. National Origin. Ethnicity. Skin color. Black Lives. Religion. Women. LGBTQIA. Disabled. These are not fighting words, but sometimes just uttering these words--and others--can cause uneasiness. I hear from many people that we should have conversations on these issues. But why are we uncomfortable when conversations touch on these words?... |
2017 |
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On The Beat |
25 Police Department Disciplinary Bulletin 3 (July 1, 2017) |
A ballot measure to significantly change the way the Los Angeles Police Department handles serious officer misconduct has won easily, despite warnings from some community activists that it will result in more lenient treatment for problem officers. According to unofficial results, with 99.9% of precincts counted, Charter Amendment C passed with... |
2017 |
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| Cynthia H. Conti-Cook |
OPEN DATA POLICING |
106 Georgetown Law Journal Online 1 (2017) |
More than any other promised police reform, the public would benefit from the government adopting an open data philosophy towards police accountability data. Open data in the context of public policy is the philosophy that when the government provides people access to its process, decision-making, and data, a more effective ecosystem for... |
2017 |
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| Henry Ordower, J.S. Onésimo Sandoval, Kenneth Warren |
OUT OF FERGUSON: MISDEMEANORS, MUNICIPAL COURTS, TAX DISTRIBUTION, AND CONSTITUTIONAL LIMITATIONS |
61 Howard Law Journal 113 (Fall, 2017) |
ABSTRACT & KEYWORDS. 113 INTRODUCTION. 114 I. ST. LOUIS COUNTY POLICE AND COURTS. 120 II. FINES, FEES, AND IMPLICIT TAXES. 129 III. FINES AS TAXES: STATE CONSTITUTIONAL TAX LIMITATIONS. 136 IV. MUNICIPAL JUSTICE AND THE U.S. CONSTITUTION. 142 CONCLUSION. 143 |
2017 |
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| Professor Ann Freedman, moderator, RuWhite Starr, Fraidy Reiss, Lisalyn R. Jacobs, Esq. |
PANEL TWO: VIOLENCE AGAINST WOMEN: BEIJING+20 |
38 Women's Rights Law Reporter 236 (Spring/Summer, 2017) |
Okay folks, if you could have a seat. We are going to start our next panel. Our next panel is about violence. I'm pleased to introduce my colleague, Professor Ann Freedman, who will be moderating this panel. Hi folks. As with the other panels, I'm going to direct you to the biographies in the program to learn about our speakers. I also have the sad... |
2017 |
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| J.S. Nelson |
PAPER DRAGON THIEVES |
105 Georgetown Law Journal 871 (April, 2017) |
L1-2Introduction . L3872 a. the dangers of form-hardening. 873 b. how the corporate form is hardening. 877 I. The Paper Dragon of Corporate Animation. 882 a. distinctions from related analysis and academic literature. 882 b. the dragon's dance. 888 c. the law that should hold agents accountable. 896 II. Nomura and Patterns of Agent Misconduct. 901... |
2017 |
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| Daniel Breen |
PARSONS'S CHARGE: THE STRANGE ORIGINS OF STAND YOUR GROUND |
16 Connecticut Public Interest Law Journal 39 (Winter, 2017) |
In the last decade, over half of the states have passed so-called Stand Your Ground statutes, allowing for successful pleas of self-defense even when the defendant made no attempt to retreat from a non-lethal assault. Modern commentators have challenged these laws on the grounds that they are racist in application, that they only worsen the... |
2017 |
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| Scott Skinner-Thompson |
PERFORMATIVE PRIVACY |
50 U.C. Davis Law Review 1673 (April, 2017) |
Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Although some scholars contend that privacy ought to exist in public, public privacy has been defended largely with reference to other, ancillary values privacy may serve. For instance, public privacy may be necessary to make... |
2017 |
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| Corinthia A. Carter |
POLICE BRUTALITY, THE LAW & TODAY'S SOCIAL JUSTICE MOVEMENT: HOW THE LACK OF POLICE ACCOUNTABILITY HAS FUELED #HASHTAG ACTIVISM |
20 CUNY Law Review 521 (Spring, 2017) |
C1-2Contents I. Introduction. 522 II. Contextual Perception of the Laws. 525 III. The Law. 528 A. 18 U.S.C. § 242. 528 B. 42 U.S.C. § 1983. 529 C. 42 U.S.C. § 14141. 530 D. Successes and Shortcomings of the Federal Provisions. 531 IV. Current State and Local Remedies. 537 A. Criminal Code. 537 B. Civilian (Complaint) Review Boards. 538 C.... |
2017 |
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POLICE IN AMERICA: ENSURING ACCOUNTABILITY AND MITIGATING RACIAL BIAS |
11 Northwestern Journal of Law & Social Policy 385 (Fall, 2017) |
KEYNOTE ADDRESS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13th day of November, A.D. 2015. KEYNOTE SPEAKER: MR. PAUL BUTLER, Professor of Law, Georgetown University Law Center (Washington, D.C.). PROFESSOR BEDI: Okay. Welcome back, everybody. We are going to get started with... |
2017 |
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| Monica C. Bell |
POLICE REFORM AND THE DISMANTLING OF LEGAL ESTRANGEMENT |
126 Yale Law Journal 2054 (May, 2017) |
In police reform circles, many scholars and policymakers diagnose the frayed relationship between police forces and the communities they serve as a problem of illegitimacy, or the idea that people lack confidence in the police and thus are unlikely to comply or cooperate with them. The core proposal emanating from this illegitimacy diagnosis is... |
2017 |
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| Stephen Rushin |
POLICE UNION CONTRACTS |
66 Duke Law Journal 1191 (March, 2017) |
This Article empirically demonstrates that police departments' internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability. Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution... |
2017 |
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| Catherine L. Fisk, L. Song Richardson |
POLICE UNIONS |
85 George Washington Law Review 712 (May, 2017) |
No issue has been more controversial in the discussion of police union responses to allegations of excessive force than statutory and contractual protections for officers accused of misconduct, as critics assail such protections and police unions defend them. For all the public controversy over police unions, there is relatively little legal... |
2017 |
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