| Author | Title | Citation | Summary | Year | Relevancy |
| Susan J. Stabile |
OTHERING AND THE LAW |
12 University of Saint Thomas Law Journal 381 (Winter 2016) |
Although some of our laws address the needs of citizens of the United States as a whole, many of our laws are designed to address the conditions and needs of one or more discreet subsets of the population. Thus, we debate the merits of laws addressing, for example, illegal immigrants, the poor, and criminals. Our view of the issues relating to the... |
2016 |
|
| Mike Lillis |
Pelosi: My nonexistent campaign computer was not hacked |
2016 The Hill 4565681 (September 1, 2016) |
House Minority Leader Nancy Pelosi (D-Calif.) on Thursday refuted claims that Democratic campaign memos, leaked this week by a hacker group, originated from her personal computer. |
2016 |
|
| Brett DeGroff , Desiree Ferguson , Michael L. Mittlestat |
PEOPLE OF THE STATE OF MICHIGAN, PLAINTIFF-APPELLEE, v. RAHIM OMARKHAN LOCKRIDGE, DEFENDANT-APPELLANT |
33 Western Michigan University Thomas M. Cooley Law Review 227 (Winter 2016) |
The Appellant's brief argued the Michigan Sentencing Guidelines violated the right to a trial by jury guaranteed by the Sixth Amendment as a result of requiring judges to engage in fact-finding at sentencing which raised the floor of permissible sentences. Under Alleyne v. United States, 133 S.Ct. 2151 (2013), any fact which raises the floor of... |
2016 |
|
| David B. Oppenheimer, Swati Prakash, Rachel Burns |
PLAYING THE TRUMP CARD: THE ENDURING LEGACY OF RACISM IN IMMIGRATION LAW |
26 Berkeley La Raza Law Journal 1 (2016) |
Introduction. 1 I. European Immigration and American Immigration Policy. 6 A. Early American Demographics and Immigration Policy. 6 B. Irish Immigration. 7 C. Eastern European Jewish Immigration. 11 D. Italian Immigration. 14 E. Early Twentieth-Century Changes to Immigration Policy. 17 II. Chinese and Japanese Immigration and American Immigration... |
2016 |
|
| Chris Pagliarella |
POLICE BODY-WORN CAMERA FOOTAGE: A QUESTION OF ACCESS |
34 Yale Law and Policy Review 533 (Spring 2016) |
When President Obama closed 2014 by requesting $263 million to support the deployment of 50,000 body-worn cameras (or BWCs) for state officers, he was endorsing an idea whose time had come. The deaths of Michael Brown and Eric Garner provided names and faces to a growing call for police accountability that would eventually develop into the broader... |
2016 |
|
| Kate Levine |
POLICE SUSPECTS |
116 Columbia Law Review 1197 (June, 2016) |
Recent attention to police brutality has brought to the fore how law enforcement, when they become the subject of criminal investigations, receive special procedural protections not available to any other criminal suspect. Prosecutors' special treatment of police suspects, particularly their perceived use of grand juries to exculpate accused... |
2016 |
|
| Allegra M. McLeod |
POLICE VIOLENCE, CONSTITUTIONAL COMPLICITY, AND ANOTHER VANTAGE |
2016 Supreme Court Review 157 (2016) |
What role has the U.S. Supreme Court played in perpetuating police violence? In a series of remarkable dissenting opinions, Justice Sonia Sotomayor has underscored the Supreme Court's complicity in police abuse. Dissenting in Mullenix v Luna, Justice Sotomayor warned that the Court has sanctioned a shoot first, think later approach to policing.... |
2016 |
|
| Tracey L. Meares |
POLICING IN THE 21ST CENTURY: THE IMPORTANCE OF PUBLIC SECURITY |
2016 University of Chicago Legal Forum 1 (2016) |
I was honored to be asked by the student leaders of the University of Chicago Legal Forum to give this keynote, and thrilled, really, to be back home. Hyde Park has changed so much and in so many good ways. I admit to feeling sad about the demise of Ribs and Bibs, though. The food was not always great, but the sniffs were incomparable. I have... |
2016 |
|
| Colin Taylor Ross |
POLICING PONTIUS PILATE: POLICE VIOLENCE, LOCAL PROSECUTORS, AND LEGITIMACY |
53 Harvard Journal on Legislation 755 (Summer, 2016) |
I. Introduction. 756 II. The Crisis of the Status Quo. 760 A. Appearance of Grand Jury Manipulation. 761 B. Crisis of Legitimacy. 765 III. Existing Proposals and Plans. 767 A. Increased Federal Oversight. 767 1. Color of Law Prosecutions. 768 2. Consent Decrees. 769 B. Special Prosecutors. 771 C. California's Public Hearings. 775 IV. Policy... |
2016 |
|
| Juliana Shaw |
POLICING THE POLICE: A CITIZEN'S RIGHT TO FILM THE PUBLIC ACTIONS OF LAW ENFORCEMENT OFFICERS, AND HOW AMERICA BEGAN TO LOSE FAITH IN THOSE WHO SWORE TO PROTECT AND SERVE |
41 Thurgood Marshall Law Review Online 190 (Spring, 2016) |
- Nelson Mandela They are the ones we are taught to call when we are in trouble. The ones who swore to protect and serve you, me, and anyone else in the presence of threat or fear. Those individuals are the police. For some, 9-1-1 is committed to memory a |
2016 |
|
| Liku T. Madoshi |
POLICING THE POLICE: IMPLICIT RACIAL BIAS & THE NECESSITY OF LIMITING POLICE DISCRETION TO USE MILITARIZED GEAR AGAINST CIVILIAN PROTESTERS |
44 Southern University Law Review 118 (Fall, 2016) |
A militarized police force cannot be fully effective. Because police are civilian members of a community, their success depends upon the trust and cooperation of that community. The pervasive use of tactics that are overly aggressive and militarized tend to exacerbate any tensions that may already exist. At the intersection of Trust Avenue and... |
2016 |
|
| Michelle S. Phelps |
POSSIBILITIES AND CONTESTATION IN TWENTY-FIRST-CENTURY US CRIMINAL JUSTICE DOWNSIZING |
12 Annual Review of Law and Social Science 153 (2016) |
mass incarceration, carceral state, penal reform After four decades of an expanding carceral state, political leaders are increasingly championing proposals framed as smart--rather than simply tough-- on crime. Yet as states increasingly adopt progressive reforms like scaling back the drug war, punishment in other respects continues to grow... |
2016 |
|
| Kimberly A. Chojnacki |
PRACTICE PERSPECTIVE: A LOOK BACK FOR THE BENEFIT OF THE FUTURE |
53-APR Houston Lawyer 10 (March/April, 2016) |
I look forward to telling future young attorneys (and my children and grandchildren) about the moment I learned that the United States Supreme Court held the federal Defense of Marriage Act unconstitutional, and the right to marry a person of one's choosing so inviolate and fundamental that it could be not be denied to same-sex couples. For me,... |
2016 |
|
| Andrew Guthrie Ferguson |
PREDICTIVE PROSECUTION |
51 Wake Forest Law Review 705 (Fall, 2016) |
Police in major metropolitan areas now use predictive policing technologies to identify and deter crime. Based on algorithmic forecasts from past crime patterns and individual criminal risk factors, police claim to be able to identify places and persons more likely to be involved in criminal activity. This data-driven approach impacts police... |
2016 |
|
| The Editors-in-Chief, The Board of Editors of the Clinical Law Review |
PREFACE TO THE SYMPOSIUM |
23 Clinical Law Review 1 (Fall, 2016) |
Twenty-five years ago Professor Gerald P. López published Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice. This path-breaking book, rich in narrative and analysis, raised critical awareness of the pitfalls and the possibilities for lawyering against subordination. It offered a vision of progressive lawyering as holistic... |
2016 |
|
| Seth W. Stoughton |
PRINCIPLED POLICING: WARRIOR COPS AND GUARDIAN OFFICERS |
51 Wake Forest Law Review 611 (Fall, 2016) |
What does good policing look like? At first blush, that question may conjure up images of uniformed officers chatting with local residents, playing with laughing children while on patrol, or attending community meetings. But now consider the question in different contexts. What does good policing look like when an officer has to respond to a minor... |
2016 |
|
| Devon W. Carbado, Kate M. Turetsky, Valerie Purdie-Vaughns |
PRIVILEGED OR MISMATCHED: THE LOSE-LOSE POSITION OF AFRICAN AMERICANS IN THE AFFIRMATIVE ACTION DEBATE |
64 UCLA Law Review Discourse 174 (2016) |
This Article challenges the perception of affirmative action as a racial preference. That perception has made the policy less constitutionally secure and more difficult normatively to defend. We focus our analysis on middle-class African Americans. We do so because the framing of affirmative action as a racial preference has particular traction... |
2016 |
|
| Jonathan Simon |
PRO-BLACK CRIMINALIZATION AND THE LEGITIMATION OF CRIMINAL LAW IN MODERN SOCIETIES: A COMMENT ON AARONSON'S FROM SLAVE ABUSE TO HATE CRIME |
14 Jerusalem Review of Legal Studies 204 (December, 2016) |
In this superb study, Ely Aaronson places the recent wave of hate crime legislation into an extended history of the problem of anti-black violence for the legitimacy of the American state formation in general and its system of criminal justice (what we might call the carceral state) in particular. Like the best books, From Slave Abuse to Hate... |
2016 |
|
| Kimberly Hewes |
PROCEDURAL JUSTICE AND OFFICER-INVOLVED-SHOOTINGS |
1 International Journal of Therapeutic Jurisprudence 373 (Spring, 2016) |
Hands Up! Don't Shoot! No Justice, No Peace! Black Lives Matter! These are the chants that have haunted society over the past year beginning with an officer-involved-shooting in Ferguson, Missouri and the death of Michael Brown on August 9, 2014. They have continued throughout the entire nation, even as recently as July 19, 2015 in... |
2016 |
|
| Rebecca Hollander-Blumoff |
PROCEDURAL JUSTICE AND POLICING: FOUR NEW DIRECTIONS |
52 Washington University Journal of Law & Policy 67 (2016) |
What really happened between Michael Brown, Darren Wilson, and Dorian Johnson that summer day in Ferguson? Not the shooting, but what came before-- what happened when Officer Wilson met Mr. Johnson and Mr. Brown on the street, and what might it tell us about policing and justice reform? There are two very different stories told by the two surviving... |
2016 |
|
| Bruce Green , Ellen Yaroshefsky |
PROSECUTORIAL ACCOUNTABILITY 2.0 |
92 Notre Dame Law Review 51 (November, 2016) |
There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it. Given prosecutors' extraordinary power, it is important that they be effectively regulated and held accountable for misconduct. Although prosecutors perceive that they are in fact well-regulated, if not over-regulated, public complaints about... |
2016 |
|
| Jessica L. West |
PROTEST IS DIFFERENT |
50 University of Richmond Law Review 737 (January, 2016) |
Sometimes dramatic, sometimes mundane, acts of civil disobedience bring attention to issues that have recently included climate change, policing, and high school closings. In the United States, we are surrounded by protest. The stories of these protests capture deep aspects of the human experience and our relationship to government power. These... |
2016 |
|
| Chandra L. Ford |
PUBLIC HEALTH CRITICAL RACE PRAXIS: AN INTRODUCTION, AN INTERVENTION, AND THREE POINTS FOR CONSIDERATION |
2016 Wisconsin Law Review 477 (2016) |
The field of Public Health has a progressive history of working with vulnerable communities to promote the health of all their residents, but it also has a complicated and problematic relationship to race. Its roles in racializing populations and disease as well as promoting scientific racism are well documented. At the same time, anti-racism... |
2016 |
|
| Sara Sternberg Greene |
RACE, CLASS, AND ACCESS TO CIVIL JUSTICE |
101 Iowa Law Review 1263 (May, 2016) |
ABSTRACT: Existing research indicates that members of poor and minority groups are less likely than their higher income counterparts to seek help when they experience a civil legal problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience such problems. Inaction is even more pronounced among poor blacks. This... |
2016 |
|
| Cynthia Lee |
RACE, POLICING, AND LETHAL FORCE: REMEDYING SHOOTER BIAS WITH MARTIAL ARTS TRAINING |
79 Law and Contemporary Problems 145 (2016) |
On November 24, 2015, the city of Chicago released dashboard camera video footage of the shooting of a seventeen-year-old Black male teenager named Laquan McDonald by Jason Van Dyke, a police officer with the Chicago Police Department. The video shows McDonald strolling down the street, holding a knife in his right hand by his side. McDonald does... |
2016 |
|
| Gil Gott |
RACE, RIGHT TO THE CITY AND RESCALED CONSTITUTIONALISM |
10 Charleston Law Review 195 (Fall, 2016) |
I. INTRODUCTION. 195 II. THE CITY AND GLOBALIZATION. 198 III. RACE AND GLOBALIZATION. 203 IV. RACE AND RIGHT TO THE CITY. 207 V. CONCLUSION. 213 |
2016 |
|
| Janine Young Kim |
RACIAL EMOTIONS AND THE FEELING OF EQUALITY |
87 University of Colorado Law Review 437 (Spring 2016) |
This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial... |
2016 |
|
| Andrea C. Armstrong |
RACIAL ORIGINS OF DOCTRINES LIMITING PRISONER PROTEST SPEECH |
60 Howard Law Journal 221 (Fall, 2016) |
ABSTRACT. 221 INTRODUCTION. 222 I. PRISONERS' UNPROTECTED PROTESTS. 226 A. Ineffective Legal Methods of Protest. 229 B. Punishment for Protest. 232 II. ADDERLEY V. FLORIDA. 236 A. Adderley and Race. 236 B. Adderley's Impact. 242 III. JONES V. NORTH CAROLINA PRISONERS' LABOR UNION, INC.. 248 A. Jones and Race. 248 B. Jones' Impact. 257 IV. RACE,... |
2016 |
|
| Donald F. Tibbs |
RACIAL PROFILING IN THE ERA OF BLACK DE-CONSTITUTIONALISM |
23 Washington and Lee Journal of Civil Rights and Social Justice 181 (Fall, 2016) |
On July 6, 2016, Philando Divall Castile was returning from shopping at a grocery store with his girlfriend Diamond Reynolds as the two of them drove through Falcon Heights, Minnesota, a suburb of St. Paul. Earlier that evening, he performed normal day-to-day functions. He had gotten a haircut and eaten dinner with his sister before picking up... |
2016 |
|
| Ely Aaronson |
RACIAL VIOLENCE AND THE POLITICS OF CRIMINALIZATION REFORM: RESPONSE TO COMMENTS ON FROM SLAVE ABUSE TO HATE CRIME |
14 Jerusalem Review of Legal Studies 214 (December, 2016) |
The scholarship on the intersections of race, crime, and law in American history has long focused on the political underpinnings and effects of legal policies addressing (real and perceived) black criminality. This literature has analyzed the causes of the persistence of striking racial disparities in various contexts of policing and punishment. It... |
2016 |
|