| Author | Title | Citation | Summary | Year | Relevancy |
| Osagie K. Obasogie, Zachary Newman |
POLICE VIOLENCE, USE OF FORCE POLICIES, AND PUBLIC HEALTH |
43 American Journal of Law & Medicine 279 (2017) |
Racialized police violence is a recurring issue. Recent social movements have re-centered police violence as a subject of public discourse, yet there has been little progress in reducing the number of people killed by police. Without further efforts in research and legal reform, this everyday crisis will continue. Thus, material interventions... |
2017 |
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| Alberto R. Gonzales , Donald Q. Cochran |
POLICE-WORN BODY CAMERAS: AN ANTIDOTE TO THE "FERGUSON EFFECT"? |
82 Missouri Law Review 299 (Spring, 2017) |
You are a police officer working the night shift in a major U.S. city. In the dark hours of the early morning, you come across a group of young males in a part of the city known for criminal activity. When they see your patrol car, the young men stop what they are doing and look away quickly. All of your training, as well as the instincts that you... |
2017 |
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| Tracey Meares |
POLICING AND PROCEDURAL JUSTICE: SHAPING CITIZENS' IDENTITIES TO INCREASE DEMOCRATIC PARTICIPATION |
111 Northwestern University Law Review 1525 (2017) |
Abstract--Like the education system, the criminal justice system offers both formal, overt curricula--found in the Bill of Rights, and informal or hidden curricula--embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as peace... |
2017 |
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| Kali Murray |
POLICING IN PLACE: A COMMUNITY ECONOMIC DEVELOPMENT STRATEGY? |
26 Journal of Affordable Housing & Community Development Law 69 (2017) |
One way Black Lives Matter has built its critique as to the thicket of dispossession that has enmeshed the lives of African-Americans in the twenty-first century is to invoke a litany of places: Ferguson, West Baltimore, Sherman Park. This mournful litany has become a shorthand way to describe how communities and their residents are marginalized... |
2017 |
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| Andrew Guthrie Ferguson |
POLICING PREDICTIVE POLICING |
94 Washington University Law Review 1109 (2017) |
Predictive policing is sweeping the nation, promising the holy grail of policing--preventing crime before it happens. The technology has far outpaced any legal or political accountability and has largely escaped academic scrutiny. This article examines predictive policing's evolution with the goal of providing the first practical and theoretical... |
2017 |
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| Angela Onwuachi-Willig |
POLICING THE BOUNDARIES OF WHITENESS: THE TRAGEDY OF BEING "OUT OF PLACE" FROM EMMETT TILL TO TRAYVON MARTIN |
102 Iowa Law Review 1113 (March, 2017) |
ABSTRACT: This Article takes what many view as an extraordinary case about racial hatred from 1955, the Emmett Till murder and trial, and analyzes it against the Trayvon Martin killing and trial outcome in 2012 and 2013. Specifically, this Article exposes one important, but not yet explored similarity between the two cases: their shared role in... |
2017 |
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| Debo P. Adegbile |
POLICING THROUGH AN AMERICAN PRISM |
126 Yale Law Journal 2222 (May, 2017) |
Policing practices in America are under scrutiny. Video clips, protests, and media coverage bring attention and a sense of urgency to fatal police civilian incidents that are often accompanied by broader calls for reform. Tensions often run high after officer involved shootings of unarmed civilians, and minority communities, law enforcement, and... |
2017 |
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| Bennett Capers |
POLICING, TECHNOLOGY, AND DOCTRINAL ASSISTS |
69 Florida Law Review 723 (May, 2017) |
Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told that the government's use of technology as a surveillance tool is an insidious assault on our freedom. That it is nearly impossible to live today without generating thousands of records about what we watch, read, buy and do--and the... |
2017 |
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| Felice Batlan |
POLITICS AND MYTHOLOGY IN THE EARLY WOMEN'S RIGHTS MOVEMENT |
52 Tulsa Law Review 405 (Spring, 2017) |
Lisa Tetrault, The Myth of Seneca Falls: Memory and The Women's Suffrage Movement, 1848-1898 (University of North Carolina Press 2014) Pp. 296. Hardcover $34.95. Paperback $27.95. I know now the personal heartbreak and pain of losing an election. I first drafted this review while the 2016 Democratic Convention played in the background. My first... |
2017 |
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| Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500, Website www.ndsny.org, E-mail rjones@ndsny.org |
PREDICTIVE POLICING: THE MODERNIZATION OF HISTORICAL HUMAN INJUSTICE |
41-OCT Champion 5 (September/October, 2017) |
A cell-site stimulator--or stingray as it is commonly called--allows the owner to electronically mimic a cellphone tower. By using a stronger signal than an actual tower, a stingray effectively forces a cellphone to connect to the device rather than a tower. Developed for clients like the NSA, Special Forces and CIA, a stingray allows the... |
2017 |
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| Kenneth A. Stahl |
PREEMPTION, FEDERALISM, AND LOCAL DEMOCRACY |
44 Fordham Urban Law Journal 133 (April, 2017) |
Introduction. 133 I. The Context of the Preemption Battle. 136 A. Republican States and Democratic Cities. 136 B. Preemption and the Urban/Rural Rivalry. 143 II. How the Deepening Rural/Urban Conflict Threatens Our Democracy. 147 A. Madisonian Democracy. 147 B. The Hardening of Partisan Affiliations. 148 C. The Zero-Sum Political Economy of... |
2017 |
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| Jake Laperruque |
PREVENTING AN AIR PANOPTICON: A PROPOSAL FOR REASONABLE LEGAL RESTRICTIONS ON AERIAL SURVEILLANCE |
51 University of Richmond Law Review 705 (March, 2017) |
Imagine a world where a small plane flies miles above a city, effectively invisible to its inhabitants, but looking down on them. Meanwhile, a series of drones, controlled in a semi-automated pattern by a single operator, hover over the surrounding suburbs. A select group of monitors--no more than a dozen members of the local police force--pinpoint... |
2017 |
|
| John Hagan , Valerie P. Hans |
PROCEDURAL JUSTICE THEORY AND PUBLIC POLICY: AN EXCHANGE |
13 Annual Review of Law and Social Science 1 (2017) |
procedural justice, legal compliance, policing This article introduces a scientific exchange over the status of procedural justice theory and its applicability to policing reform. The introduction notes the long history of sociolegal research on procedural justice and its emergence as a source of ideas for criminal justice reforms and police... |
2017 |
|
| Darrell D. Jackson, JD, PhD |
PROFILING THE POLICE: FLIPPING 20 YEARS OF WHREN ON ITS HEAD |
85 UMKC Law Review 671 (Spring, 2017) |
In this article, I argue a simple, time-honored philosophy - What's good for the goose is good for the gander. The Supreme Court and a large swath of law enforcement appear to be comfortable with the idea of profiling - racially and generally. Simultaneously, historically marginalized communities throughout the country are calling for increased... |
2017 |
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| Laura S. Underkuffler |
PROPERTY, SOVEREIGNTY, AND THE PUBLIC TRUST |
18 Theoretical Inquiries in Law 329 (July, 2017) |
Generally, in liberal democratic systems, it is assumed that government should forbear from interference with existing individual property entitlements. It is assumed that existing individual property entitlements should be respected, with government reluctant to interfere. Despite the ubiquity of this assumption, the theoretical underpinning for... |
2017 |
|
| Jessica A. Clarke |
PROTECTED CLASS GATEKEEPING |
92 New York University Law Review 101 (April, 2017) |
Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a member of the protected class. Although this refrain may sometimes be an empty formality, it has taken on real bite in a significant number of cases. For example, one court dismissed a claim by a man who was harassed... |
2017 |
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| Jonathan Weinberg |
PROVING IDENTITY |
44 Pepperdine Law Review 731 (April, 2017) |
United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual's physical body with... |
2017 |
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| Jonathan A. Rapping |
PUBLIC DEFENDERS: THE VANGUARD OF REDEMPTION |
15 Ohio State Journal of Criminal Law 193 (Fall, 2017) |
Before I begin with the discussion, I want to share with you something I have been thinking about since this morning. Earlier today I had breakfast with some students. We were talking about careers in criminal justice and about how difficult it can be. One of the challenges that most concerned them was the meager salaries paid to public interest... |
2017 |
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| Jeff Adachi , San Francisco Public, Defender's Office, San Francisco, California, 415-553-1671, Website sfpublicdefender.org, Twitter@sfdefender, E-mail jeff.adachi@sfgov.org |
PUBLIC DEFENSE |
41-JUL Champion 59 (July, 2017) |
You defend criminals, right? Ask someone on the street to explain my job, and that's the most likely response. That's because in the eyes of the public, not all constitutional protections are created equally. Some have flashy reputations, while others are wallflowers--until someone needs to depend on them. The First Amendment is glamorous, the... |
2017 |
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| David L. Hudson Jr. |
PUBLIC EMPLOYEES, PRIVATE SPEECH |
103-MAY ABA Journal 48 (May, 2017) |
High-profile controversies over police shootings, questionable promotions, racial profiling, attacks on law enforcement and race-based incidents have led to an increase in public employees being disciplined for publicly posting commentary deemed offensive or incendiary. Public employees have been suspended for all manner of speech--supporting the... |
2017 |
|
| Brendan Slean |
PUBLIC SECTOR COLLECTIVE BARGAINING AND THE UNILATERAL IMPLEMENTATION OF POLICE BODY CAMERAS |
26 Boston University Public Interest Law Journal 229 (Summer, 2017) |
I. Introduction. 229 II. Legal Background. 233 A. History of Public Sector Collective Bargaining. 233 B. Impact of the Private Sector and the National Labor Relations Act. 235 C. The Distinction Between Mandatory and Permissive Subjects of Bargaining. 236 D. The Scope of Public Sector Collective Bargaining. 237 III. The Private Sector's Treatment... |
2017 |
|
| Jessica Silbey, Northeastern University |
PUNISHMENT IN POPULAR CULTURE. EDS. CHARLES J. OGLETREE, JR. AND AUSTIN SARAT. NEW YORK: NEW YORK UNIVERSITY PRESS, 2015. 320 PP. $27 PAPERBACK |
51 Law and Society Review 206 (March, 2017) |
The editors of Punishment in Popular Culture remind us that through practices of punishment . cultural boundaries are drawn, that solidarity is created through acts of marking difference between self and other, that these processes proceed through disidentification as much as imagined connection. (p. 2) This is no doubt true about the... |
2017 |
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| Ariela Rutbeck-Goldman, L. Song Richardson |
RACE AND OBJECTIVE REASONABLENESS IN USE OF FORCE CASES: AN INTRODUCTION TO SOME RELEVANT SOCIAL SCIENCE |
8 Alabama Civil Rights & Civil Liberties Law Review 145 (2017) |
I. Introduction. 145 II. Implicit Racial Bias and Implicit White Favoritism. 147 A. Biased Evaluations of Ambiguous Evidence. 151 B. Biased Memories. 154 III. Implicit Dehumanization. 156 IV. The Empathy Gap. 157 V. Superhumanization Bias. 159 VI. Status and Perceptions of Pain. 160 VII. Conclusion. 162 |
2017 |
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| I. Bennett Capers |
RACE, POLICING, AND TECHNOLOGY |
95 North Carolina Law Review 1241 (May, 2017) |
This Essay argues that if we truly care about making policing egalitarian and fair to everyone, then that could mean more policing, not less. It advocates harnessing technology, including surveillance technology, to help deracialize policing. This turn to technology will not be cost free. Indeed, one cost will be the redistribution of privacy. This... |
2017 |
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| Jonathan Simon |
RACING ABNORMALITY, NORMALIZING RACE: THE ORIGINS OF AMERICA'S PECULIAR CARCERAL STATE AND ITS PROSPECTS FOR DEMOCRATIC TRANSFORMATION TODAY |
111 Northwestern University Law Review 1625 (2017) |
Abstract--For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and... |
2017 |
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| Bret M. Thixton |
RAP LYRICS, SCHOOLS, AND FREE SPEECH: EXAMINING THE LIMITS OF FREE SPEECH OF STUDENTS OUTSIDE OF SCHOOLS AND ON SOCIAL MEDIA |
41 Southern Illinois University Law Journal 463 (Spring, 2017) |
In 2011, a high school senior threatened to use a firearm to carry out violence against two of his teachers. While many may find this disturbing, does the speech fall outside protection under the First Amendment? Would opinions change if the threat was part of a rap? Does it matter if the student posted the rap in a video on the Internet,... |
2017 |
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| Christian Garramone |
REACTION TO: INCARCERATING NATIVE AMERICAN YOUTH IN FEDERAL BUREAU OF PRISONS FACILITIES: THE PROBLEM WITH FEDERAL JURISDICTION OVER NATIVE YOUTH UNDER THE MAJOR CRIMES ACT |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 173 (Fall, 2017) |
Joab skillfully examines how the United States' criminal justice system serves as its newest tool for oppressing Native American tribes. Joab hopes to bring attention to this oppressive force by drawing parallels between the Native American criminal justice experience and that of black Americans described in The New Jim Crow and rallied against by... |
2017 |
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| Jeena Shah |
REBELLIOUS LAWYERING IN BIG CASE CLINICS |
23 Clinical Law Review 775 (Spring, 2017) |
On the 25th anniversary of the publication of Gerald López's Rebellious Lawyering: One Chicano's Vision of Progressive Legal Practice, this article contemplates the need to incorporate rebellious lawyering in law reform and international human rights clinics, or as referred in this article, big case clinics. This article seeks to add to the... |
2017 |
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| Ramzi Kassem, Diala Shamas |
REBELLIOUS LAWYERING IN THE SECURITY STATE |
23 Clinical Law Review 671 (Spring, 2017) |
What do forms of lawyering in opposition to state power that is deployed in the name of national security teach us about the possibilities of rebellious lawyering? This article takes as its main focus a single aspect of the authors' clinical practice: supporting individuals and their mostly-Muslim communities in New York City during FBI attempts to... |
2017 |
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| Veryl Pow |
REBELLIOUS SOCIAL MOVEMENT LAWYERING AGAINST TRAFFIC COURT DEBT |
64 UCLA Law Review 1770 (December, 2017) |
The prominence of Black Lives Matter in American society today signals the revitalization of alternative forms of participatory democracy--from localized community organizing to widespread social movements--as political expression among racial minorities. For social movement lawyers, this historical moment demands an urgent clarification as to... |
2017 |
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