AuthorTitleCitationSummaryYearKey Terms
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  
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  
Stephanie Bornstein RECKLESS DISCRIMINATION 105 California Law Review 1055 (August, 2017) If there are known, easily adopted ways to reduce bias in employment decisions, should an employer be held liable for discriminatory results when it fails to adopt such measures? Given the vast amount we now know about implicit bias and the ways to reduce it, to what extent is an employer who knowingly fails to do so engaging in intentional... 2017  
Michael Z. Green RECONSIDERING PREJUDICE IN ALTERNATIVE DISPUTE RESOLUTION FOR BLACK WORK MATTERS 70 SMU Law Review 639 (Summer, 2017) In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the... 2017  
Lauren Sudeall Lucas REFLECTION: HOW MULTIRACIAL LIVES MATTER 50 YEARS AFTER LOVING 50 Creighton Law Review 719 (June, 2017) Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person... 2017  
Bernard Mayer, Ph.D. REFLECTIONS ON THE LOVING CONFERENCE: RACE, IDENTITY, COMMUNITY, AND CONFLICT 50 Creighton Law Review 745 (June, 2017) The Loving story is the American story. At heart it is about what we most value, how we view the American community, and how tolerant we are of our differences. This was the challenge that faced our nation when the Constitution was created and it is still at the core of our most enduring conflicts. As well, the decision in Loving v. Virginia marks... 2017  
  REFORMING THE RANKS: POLICY INITIATIVES TO ENSURE POLICE ACCOUNTABILITY & IMPROVE POLICE AND COMMUNITY RELATIONS 11 Northwestern Journal of Law & Social Policy 402 (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 2:00 p.m. MODERATOR: MS. ALEXA A. VAN BRUNT, Clinical Associate Professor of Law at Northwestern University School of Law; Attorney at the Roderick and Solange MacArthur... 2017  
Cary Coglianese , David Lehr REGULATING BY ROBOT: ADMINISTRATIVE DECISION MAKING IN THE MACHINE-LEARNING ERA 105 Georgetown Law Journal 1147 (June, 2017) Machine-learning algorithms are transforming large segments of the economy as they fuel innovation in search engines, self-driving cars, product marketing, and medical imaging, among many other technologies. As machine learning's use expands across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of... 2017  
Brooke D. Coleman , Elizabeth G. Porter REINVIGORATING COMMONALITY: GENDER AND CLASS ACTIONS 92 New York University Law Review 895 (October, 2017) Introduction. 895 I. The Waves of Feminism & Class Actions. 899 A. Waves of Feminism. 899 B. Parallels in Class Action Doctrine. 905 Conclusion. 915 2017  
Paul Savoy REOPENING FERGUSON AND RETHINKING CIVIL RIGHTS PROSECUTIONS 41 New York University Review of Law and Social Change 277 (2017) A deeply flawed eighty-six page legal memorandum revealed the rationale for the U.S. Justice Department's March 2015 decision not to prosecute Ferguson police officer Darren Wilson. The Article rejects the Department's contention that prosecution was not permitted by the governing law and explains why the failure to indict was supported by neither... 2017  
Zachary Norris REPAIRING HARM FROM RACIAL INJUSTICE: AN ANALYSIS OF THE JUSTICE REINVESTMENT INITIATIVE AND THE TRUTH AND RECONCILIATION COMMISSION 94 Denver Law Review 515 (Spring, 2017) Structural racism and racial injustice result in deep, long-standing, and widespread harm to communities, particularly to people of color and low-income people. To address and remedy these harms, countries and institutions have attempted to create processes for intervention and accountability; however, these efforts have often been limited or... 2017  
Dov Fox REPRODUCTIVE NEGLIGENCE 117 Columbia Law Review 149 (January, 2017) A pharmacist fills a prescription for birth control pills with prenatal vitamins. An in vitro lab loses a cancer survivor's eggs. A fertility clinic exposes embryos to mad cow disease. A sperm bank switches a selected sample with one from a donor of a different race. An obstetrician predicts that a healthy fetus will be born with a debilitating... 2017  
Donald F. Tibbs , Tryon P. Woods REQUIEM FOR LAQUAN MCDONALD: POLICING AS PUNISHMENT AND ABOLISHING REASONABLE SUSPICION 89 Temple Law Review 763 (Summer, 2017) To have lived in bad faith is to have evaded recognition of oneself as a human being. It is to have lived a fugitive existence .. To die in bad faith, then, is tantamount to having never lived. Introduction. 763 I. The Problem of Generalized Suspicion. 767 II. Deconstructing the Prophylactic Rule in Terry v. Ohio. 770 III. Rethinking Punishment's... 2017  
Victor Li RESISTANCE REDUX 103-AUG ABA Journal 38 (August, 2017) When Stephen Bingham and Timothy Jenkins remember traveling to Mississippi in 1964 to take part in the Freedom Summer, with the stated goal of registering African-Americans to vote, they recall being exhilarated. It was an exciting time for the civil rights movement and the two--along with thousands of other volunteers from the NAACP, Southern... 2017  
Professor Scott Holmes RESISTING ARREST AND RACISM - THE CRIME OF "DISRESPECT" 85 UMKC Law Review 625 (Spring, 2017) Maybe all she had left when her words ran out was this smack of action. Maybe her heart is a charred city, charmed city Her son, her last ember. We take her footage into our eyes and mouths, add our own soundtrack and lean political. John Hill is a poor black man, his body covered in burn scars. He was riding his bicycle down Alston Avenue in... 2017  
Margo Kaplan RESTORATIVE JUSTICE AND CAMPUS SEXUAL MISCONDUCT 89 Temple Law Review 701 (Summer, 2017) C1-2Table of Contents Introduction. 702 I. Sexual Assault in Higher Education. 706 II. The Restorative Justice Approach. 713 III. The Promise and Peril of Restorative Justice for Campus Sexual Misconduct. 717 A. Distinguishing Campus Disciplinary Proceedings from Criminal Justice. 717 B. The Promise of Restorative Justice for Campus Sexual Assault.... 2017  
Erin R. Archerd RESTORING JUSTICE IN SCHOOLS 85 University of Cincinnati Law Review 761 (December, 2017) Criminalization of minorities and people with disabilities begins early. It begins in school. This school-to-prison pipeline is exacerbated by the presence of police in schools, commonly known as school resource officers or SROs. Schools' use of SROs has grown in response to perceived threats to student safety, but this growth has also... 2017  
  RESTORING LEGITIMACY: THE GRAND JURY AS THE PROSECUTOR'S ADMINISTRATIVE AGENCY 130 Harvard Law Review 1205 (February, 2017) Within weeks of each other in 2014, a grand jury in Ferguson, Missouri, and another in Staten Island, New York, both declined to indict police officers in the deaths of unarmed black men: Ferguson's eighteen-year-old Michael Brown and New York's forty-three-year-old Eric Garner. Nationwide protests involving thousands erupted in the wake of the... 2017  
Linda Zhang RETALIATORY ARRESTS AND THE FIRST AMENDMENT: THE CHILLING EFFECTS OF HARTMAN v. MOORE ON THE FREEDOM OF SPEECH IN THE AGE OF CIVILIAN VIGILANCE 64 UCLA Law Review 1328 (August, 2017) In the age of civilian vigilance, smartphone technology and social media have enabled individuals to record and share videos of police interactions with citizens at an unprecedented rate, sometimes providing indisputable evidence of police misconduct for the world to see instantly. The probative value and public shock factor of some of these videos... 2017  
Scott L. Cummings RETHINKING THE FOUNDATIONAL CRITIQUES OF LAWYERS IN SOCIAL MOVEMENTS 85 Fordham Law Review 1987 (April, 2017) The question of whether lawyers help or hurt social movements has been hotly debated by legal scholars for nearly half a century. As progressive social movements began to decline in the 1970s, scholars developed a powerful critical account of the role that lawyers had played, stressing how lawyer domination and overinvestment in legal tactics had... 2017  
Khaled A. Beydoun , Erika K. Wilson REVERSE PASSING 64 UCLA Law Review 282 (February, 2017) Throughout American history untold numbers of people have concealed their true racial identities and assumed a white racial identity in order to reap the economic, political, and social benefits associated with whiteness. This phenomenon is known as passing. While legal scholars have thoroughly investigated passing in its conventional form, the... 2017  
Peter Halewood, Donna Young RULE OF LAW, ACTIVISM, AND EQUALITY: GROWING ANTISUBORDINATION NORMS WITHIN THE NEOLIBERAL UNIVERSITY 50 John Marshall Law Review 249 (Winter, 2017) I. Introduction. 249 II. Campus Protest as Catalyst for Social Change. 253 III. The Nexus of Campus Activism to Law Reform. 256 A. Affirmative Action and Diversity. 257 B. Does Title VI Address Student Concerns?. 261 C. The Failure of Antidiscrimination Doctrine. 262 D. The Battle over the First Amendment. 264 IV. Activism, Neoliberalism, and the... 2017  
Cynthia Short RYAN STOKES: JUSTICE FOR RYAN 61 Saint Louis University Law Journal 761 (Summer, 2017) Mothers across this nation have become unwilling members of a club no one wants to join. Police kill over a thousand young men and women every year. Nearly sixty percent of victims did not have a gun or were involved in activities that should not [have] require[d] police intervention[,] such as harmless quality of life behaviors or mental health... 2017  
Amie Parnes Sanders urged to woo black voters 2017 The Hill 3299169 (August 3, 2017) As Bernie Sanders considers another White House bid, advisers and confidants are urging him to spend more time in the South in an effort to woo black voters. 2017  
Ali Breland Senate Intel chair: Russian ads on Facebook targeted 'the right and left' 2017 The Hill 4269543 (September 26, 2017) Sen. Richard Burr (R-N.C.), whose panel is probing ties between President Trump's campaign and Russia, pushed back Tuesday on suggestions that ads purchased on Facebook by Russian actors showed collusion between the campaign and Moscow. 2017  
Matthew Gollub SOCIAL ANXIETY DISORDER AND THE AMERICANS WITH DISABILITIES ACT'S IMPACT ON A PROFESSIONAL ATHLETE'S MEDIA OBLIGATIONS 15 Cardozo Public Law, Policy and Ethics Journal 179 (Fall/Winter, 2016/2017) Introduction. 179 I. The Americans With Disabilities Act. 183 A. History and Overview. 183 B. Title I: Employment. 186 C. ADA Applied in Case Law. 189 II. ADA Applied to Mental Illness. 191 A. Social Anxiety Disorder: A Qualified Disability Under ADA. 194 III. NFL's Media Policy: Overview and Controversy. 196 A. NFL Media Policy Compared to Other... 2017  
Jeramie D. Scott SOCIAL MEDIA AND GOVERNMENT SURVEILLANCE: THE CASE FOR BETTER PRIVACY PROTECTIONS FOR OUR NEWEST PUBLIC SPACE 12 Journal of Business & Technology Law 151 (2017) Social media sites are public space and government mass surveillance of this public space undermines our democracy. As we spend more and more of our lives on digital mediums, the government is monitoring publicly available social media data more than ever. At the same time, the Internet, particularly social media, has become an important public... 2017  
Paul G. Cassell , Richard Fowles STILL HANDCUFFING THE COPS? A REVIEW OF FIFTY YEARS OF EMPIRICAL EVIDENCE OF MIRANDA'S HARMFUL EFFECTS ON LAW ENFORCEMENT 97 Boston University Law Review 685 (May, 2017) Introduction. 687 I. Gauging Miranda's Effect on Law Enforcement. 689 A. The Before-and-After Miranda Confession Rate Impact Studies. 691 B. The Second Generation Miranda Studies. 695 1. Questioning of Adults. 696 2. Questioning of Juveniles. 699 C. The Need to Move Beyond Confession Rates. 701 II. Clearance Rates as an Indirect Measure of... 2017  
Shawn Marie Boyne STINGRAY TECHNOLOGY, THE EXCLUSIONARY RULE, AND THE FUTURE OF PRIVACY: A CAUTIONARY TALE 119 West Virginia Law Review 915 (Spring, 2017) I. Introduction. 915 II. The Bumpy Road of Judicial and Legislative Oversight. 920 A. The Shell Game. 921 B. United States v. Rigmaiden. 925 C. Change in Department of Justice Policy. 928 III. Cell Site Simulators and the Exclusionary Rule. 929 A. Case Facts. 930 B. Tackling Non-Disclosure. 931 C. CSS Technology Is Qualitatively Different from a... 2017  
Sherri Lee Keene STORIES THAT SWIM UPSTREAM: UNCOVERING THE INFLUENCE OF STEREOTYPES AND STOCK STORIES IN FOURTH AMENDMENT REASONABLE SUSPICION ANALYSIS 76 Maryland Law Review 747 (2017) We must not pretend that the countless people who are routinely targeted by police are isolated. They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. . Until their voices matter too, our justice system will continue to be anything but. In recent years, there has been much... 2017  
Nancy E. Dowd STRAIGHT OUT OF COMPTON: DEVELOPMENTAL EQUALITY AND A CRITIQUE OF THE COMPTON SCHOOL LITIGATION 45 Capital University Law Review 199 (Spring, 2017) Article 3 of the United Nations Convention on the Rights of the Child (UNCRC) and its core standard of serving the best interests of the child is closely interlinked with the Article 2 guarantee of equality and nondiscrimination for all children. The best interests of children are the interests of all children in growth, support, development, and... 2017  
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