AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
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  
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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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