| Author | Title | Citation | Summary | Year | Key Terms |
| Maxine Burkett |
CLIMATE DISOBEDIENCE |
27 Duke Environmental Law and Policy Forum 1 (Fall, 2016) |
In sharp contrast to the flurry of legal and policy-oriented efforts of years past, climate activists today employ protest and nonviolent civil disobedience to advance their agenda for rapid and ambitious mitigation and adaptation. In so doing, activists make explicit references to the storied past of defining social movements in American... |
2016 |
|
| Jonathan M. Smith |
CLOSING THE GAP BETWEEN WHAT IS LAWFUL AND WHAT IS RIGHT IN POLICE USE OF FORCE JURISPRUDENCE BY MAKING POLICE DEPARTMENTS MORE DEMOCRATIC INSTITUTIONS |
21 Michigan Journal of Race and Law 315 (Spring 2016) |
No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. --Union Pacific Railroad Co. v. Botsford I can't breathe. --Eric Garner... |
2016 |
|
| Charles R. Epp |
COMMENTARY ON CARROLL SERON'S PRESIDENTIAL ADDRESS: TAKING POLICY SERIOUSLY |
50 Law and Society Review 40 (March, 2016) |
The law and society movement has abandoned most of its problem-solving emphasis. What it has is, first of all, a hunger to describe and explain, more or less divorced from problem-solving in its crudest sense. Lawrence Friedman, The Law and Society Movement, 1986 Your emphasis on the theoretical, nonpractical orientation of law-and-society... |
2016 |
|
| Nancy D. Polikoff |
CONCORD WITH WHICH OTHER FAMILIES?: MARRIAGE EQUALITY, FAMILY DEMOGRAPHICS, AND RACE |
164 University of Pennsylvania Law Review Online 99 (2016) |
Lesbian and gay parents figured prominently in two decades of litigation concerning marriage equality, and Obergefell v. Hodges was no exception. Although only 16-18% of same-sex couples are raising children, about 69% of the plaintiff couples in the combined cases that made up Obergefell were parents. This disproportionate number was the... |
2016 |
|
| Kate Andrias |
CONFRONTING POWER IN PUBLIC LAW |
130 Harvard Law Review Forum 1 (November, 2016) |
In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as the ability to effect substantive policy outcomes by influencing what the government will or will not do. As Levinson details, structural constitutional law has... |
2016 |
|
| Allegra M. McLeod |
CONFRONTING THE CARCERAL STATE |
104 Georgetown Law Journal 1405 (August, 2016) |
In August 2014, Michael Brown, an unarmed African-American teenager, was killed by a white police officer. The young man's body lay for hours at mid-day on a residential street, with multiple gun shot wounds to his head, chest, and arm. In the months that followed, police choked Eric Garner to death on a sidewalk in Staten Island, gunned down Tamir... |
2016 |
|
| Bill Ong Hing |
CONTEMPLATING A REBELLIOUS APPROACH TO REPRESENTING UNACCOMPANIED IMMIGRANT CHILDREN IN A DEPORTATION DEFENSE CLINIC |
23 Clinical Law Review 167 (Fall, 2016) |
In response to the surge of unaccompanied immigrant children at the border in the summer of 2014, I expanded my pro bono work with students and started a law school deportation defense clinic. With the hard work of a full-time immigration attorney and a paralegal, the Clinic has attracted three to four students each semester (including summers) who... |
2016 |
|
| Josephine Ross |
COPS ON TRIAL: DID FOURTH AMENDMENT CASE LAW HELP GEORGE ZIMMERMAN'S CLAIM OF SELF-DEFENSE? |
40 Seattle University Law Review 1 (Fall, 2016) |
C1-2Contents Introduction: Police Privilege. 1 I. Supreme Court Case Law that Characterizes Police Aggression as Benign. 8 A. Chasing Civilians and Other Nonaggressive Behaviors. 9 B. Supreme Court Tolerance of Racial Profiling. 15 II. The Invisible Hand of the Supreme Court in George Zimmerman's Murder Trial. 20 A. Evidence Presented to Prove... |
2016 |
|
| Jocelyn Simonson |
COPWATCHING |
104 California Law Review 391 (April, 2016) |
This Article explores the phenomenon of organized copwatching--groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police. The Article argues that the practice of copwatching illustrates... |
2016 |
|
| Deidré A. Keller |
COPYRIGHT TO THE RESCUE: SHOULD COPYRIGHT PROTECT PRIVACY? |
20 UCLA Journal of Law & Technology 1 (Spring, 2016) |
L1-2Table of Contents I. Introduction. 1 II. Recent Privacy Cases Brought Under the Guise of Copyright Claims. 3 III. Privacy Law, In Brief. 7 A. General Principles. 7 i. Privacy is Personal. 8 ii. The Privacy Tort and the Constitutional Right to Privacy are Distinct. 8 B. Constitutional Protections. 8 i. Decisional Privacy. 9 ii. Reasonable... |
2016 |
|
| Deborah M. Weissman |
COUNTERING NEOLIBERALISM AND ALIGNING SOLIDARITIES: RETHINKING DOMESTIC VIOLENCE ADVOCACY |
45 Southwestern Law Review 915 (2016) |
This article seeks to situate domestic violence in a larger analytical frame of the political economic, to extend institutional responsibility for violence beyond the criminal justice system, and to form common bonds with other social justice initiatives. It argues that improved remedies for domestic violence victims lie within the reform of the... |
2016 |
|
| Lua Kamál Yuille |
CREATING A BABEL FISH FOR RIGHTS & RELIGION: DEFINING 'RIGHTS' THROUGH SACRED TEXTS |
25 Transnational Law & Contemporary Problems 309 (Summer 2016) |
Is there a way to reconcile the seemingly competing claims of human rights and religious faith? Or must religion modify itself to comply with and support secular universal human rights regimes? Using the scripture of the Bahá'í Faith as a case study, this Article takes up these questions to define the religious conception of rights. It argues that... |
2016 |
|
| Michael A. McCall , Madhavi M. McCall , Christopher E. Smith |
CRIMINAL JUSTICE AND THE 2014-2015 UNITED STATES SUPREME COURT TERM |
61 South Dakota Law Review 242 (2016) |
For many, the 2014-2015 Term of the United States Supreme Court will be all but synonymous with the Court's holding in Obergefell v. Hodges for years to come. With that landmark decision, the Court extended constitutional protections to an untold number of same-sex couples, renewed debate regarding states' rights in our system of federalism,... |
2016 |
|
| Deborah Tuerkheimer |
CRIMINAL JUSTICE FOR ALL |
66 Journal of Legal Education 24 (Autumn, 2016) |
This is a critical juncture for criminal law scholarship. It is not hyperbolic to assert that our criminal justice system is very much in crisis. Just as important, this crisis is widely acknowledged outside of the legal academy--so much so that, notwithstanding meaningful variation in how the problem is diagnosed, we see almost universal agreement... |
2016 |
|
| Barry H. Dyller |
CRIPPLING THE KLAN THE LYNCHING: THE EPIC COURTROOM BATTLE THAT BROUGHT DOWN THE KLAN LAURENCE LEAMER HARPER COLLINS WWW.HARPERCOLLINS.COM 384 PP., $27.99 |
52-NOV Trial 58 (November, 2016) |
The Lynching, by Laurence Learner, is compelling for both lawyers and nonlawyers. Although the book is based on historical events, it reads like a novel. The book revolves around the lynching of Michael Donald in Alabama by the Ku Klux Klan (KKK) in 1981 and the legal battle that followed. But the book is about much more. Learner also tells the... |
2016 |
|
| Richard Delgado , Jean Stefancic |
CRITICAL PERSPECTIVES ON POLICE, POLICING, AND MASS INCARCERATION |
104 Georgetown Law Journal 1531 (August, 2016) |
C1-2Table of Contents Introduction. 1532 I. The New Jim Crow on Police and Policing. 1535 II. Imprisoned in a Black-White Paradigm of Race: Recent Scholarship That Fails to Take Account of a Police State. 1536 a. many jim crows: considering the experience of nonblack minority groups. 1537 b. responding to oppression: noticing alignments, crafting... |
2016 |
|
| Kim E. Clark |
CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS |
45 Southwestern Law Review 795 (2016) |
I suggest that through Critical Race Theory (CRT), race can or should become the preamble to all the social justice work we do. This can be achieved by engaging in what I call oppositional cultural practice (the process of inward and outward criticism and critique that brings about a spiritual transformation that then provides space to create and... |
2016 |
|
| R. Mark Frey |
CRITICAL RACE THEORY: THE CUTTING EDGE (THIRD EDITION) EDITED BY RICHARD DELGADO AND JEAN STEFANCIC TEMPLE UNIVERSITY PRESS, PHILADELPHIA, PA, 2013. 839 PAGES, $99.50 (CLOTH), $55.95 (PAPER) |
63-APR Federal Lawyer 79 (April, 2016) |
On July 4, 1992, in Philadelphia, former Supreme Court Justice Thurgood Marshall received the Liberty Medal from the National Constitution Center, and, during his acceptance speech, he voiced frustration with our nation's failure to come to grips with race and racism: I wish I could say that racism and prejudice were only distant memories. I wish I... |
2016 |
|
| Sameer M. Ashar |
DEEP CRITIQUE AND DEMOCRATIC LAWYERING IN CLINICAL PRACTICE |
104 California Law Review 201 (February, 2016) |
The crisis in legal education has been defined and accentuated by urgent and existential critiques. This body of complaint and suggestion--in the form of books, foundation reports, law review articles, major media entries, and blog posts--has two gaping holes that this Essay seeks to fill. First, the critiques fail to attend to the diminishing of... |
2016 |
|
| Sanford Levinson , Jack M. Balkin |
DEMOCRACY AND DYSFUNCTION: AN EXCHANGE |
50 Indiana Law Review 281 (2016) |
September 29, 2015 Dear Jack, It is obviously no longer controversial that the American political system, especially at the national level, is seriously dysfunctional. Consider, for example, what are nearly the opening words--after noting that the United States Capitol is currently enfolded by scaffolding for repair of the physical building--of the... |
2016 |
|
| John Shattuck |
DEMOCRACY AND ITS DISCONTENTS |
40-SUM Fletcher Forum of World Affairs 173 (Summer, 2016) |
What's happening to democracy in Eastern Europe? A new authoritarianism, illiberal governance, has taken over in Hungary and Poland. It's been boosted by the Paris and Brussels attacks and the fear of terrorism. Hungary and Poland are not isolated cases. A trend away from democratic pluralism is also sweeping through Western Europe. Where will it... |
2016 |
|
| Allison E. Korn |
DETOXING THE CHILD WELFARE SYSTEM |
23 Virginia Journal of Social Policy and the Law 293 (Fall, 2016) |
Introduction. 296 I. America's War on Drugs & the Drug Policy Reform Movement. 300 A. Criminal Laws & Policies Resulting from the War on Drugs. 300 B. The Drug Policy Reform Movement's Impact on Criminal Drug Laws & Policies. 303 1. State Reforms. 304 2. Federal Reforms. 305 C Child Welfare Drug Laws & Policies Resulting from the War on Drugs. 308... |
2016 |
|
| Bruce A. Green , Samuel J. Levine |
DISCIPLINARY REGULATION OF PROSECUTORS AS A REMEDY FOR ABUSES OF PROSECUTORIAL DISCRETION: A DESCRIPTIVE AND NORMATIVE ANALYSIS |
14 Ohio State Journal of Criminal Law 143 (Fall, 2016) |
Although courts have traditionally relied primarily on prosecutors' individual self-restraint and institutional self-regulation to curb prosecutors' excesses and redress their wrongdoing, aspects of prosecutors' conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers,... |
2016 |
|
| Kevin R. Johnson |
DOUBLING DOWN ON RACIAL DISCRIMINATION: THE RACIALLY DISPARATE IMPACTS OF CRIME-BASED REMOVALS |
66 Case Western Reserve Law Review 993 (Summer, 2016) |
C1-2Contents Introduction. 994 I. Racial Profiling and Contemporary Developments in Crime-Based Removals. 1002 A. The Supreme Court's Authorization of Racial Profiling in Law Enforcement. 1004 1. Whren v. United States. 1005 2. United States v. Brignoni-Ponce. 1007 B. Increased State and Local Involvement in Immigration Enforcement. 1010 1. Section... |
2016 |
|
| Nisha Parekh, Daniel Sturm, 2015-2016 Co-Editors-in-Chief, National Black Law Journal |
EDITORS' NOTE |
25 National Black Law Journal vii (2016) |
It is our duty to fight for our freedom. It is our duty to win. We must love and protect one another. We have nothing to lose but our chains. --Assata Shakur On June 7, 2016, Black Lives Matter-Los Angeles held a peace gathering in front of the City of Pasadena's courthouse attended by hundreds of people. That morning, Los Angeles Superior Court... |
2016 |
|
| Mario L. Barnes |
EMPIRICAL METHODS AND CRITICAL RACE THEORY: A DISCOURSE ON POSSIBILITIES FOR A HYBRID METHODOLOGY |
2016 Wisconsin Law Review 443 (2016) |
Introduction. 444 I. Origin Stories. 448 II. Considering What It Means To Do e-CRT. 454 A. e-CRT and Collaborative Form as Method. 455 1. Solo Cross-Disciplinarians. 456 2. Fruitful Collaborations. 459 3. Theory Engagers. 460 4. Empirical Diviners. 463 B. Giving Space to Initial Formations but with a Watchful Eye. 465 III. Challenges. 468 A.... |
2016 |
|
| Rachel Moran |
ENDING THE INTERNAL AFFAIRS FARCE |
64 Buffalo Law Review 837 (August, 2016) |
Trust between law enforcement agencies and the people they protect and serve is essential in a democracy. It is key to the stability of our communities, the integrity of our criminal justice system, and the safe and effective delivery of policing services. I don't trust the police because I can't. On October 20, 2014, Chicago police officer Jason... |
2016 |
|
| Ruth Gordon |
ESSAYS IN HONOR OF DR. MARTIN LUTHER KING, JR. |
61 Villanova Law Review 537 (2016) |
I must congratulate my colleague, Michelle Dempsey, for her brilliant idea to honor the sixtieth anniversary of the Villanova Law Review through reflections by Villanova Law Faculty on pioneering Law Review articles. It is both an honor for the Law Review and an acknowledgement of the talents of my esteemed colleagues. Still, when asked to be part... |
2016 |
|
| Daria Fisher Page |
ETTA & DAN: SEEKING THE PRELUDE TO A TRANSFORMATIVE JOURNEY |
23 Clinical Law Review 251 (Fall, 2016) |
This article focuses on the complex and inspiring relationship depicted by Gerald López in Rebellious Lawyering between Dan, a young lawyer, and his mentor, Etta, a community organizer (lay lawyer). Dan's journal entries show us one model of rebellious lawyering (and living), a quiet rebellion, in which he identifies and includes his feelings,... |
2016 |
|
| Miranda Dalpiaz , Nancy Leong |
EXCESSIVE FORCE AND THE MEDIA |
102 Cornell Law Review Online 1 (2016) |
Recent allegations of police officers using excessive force against people of color have received considerable attention in the media. Yet such incidents have largely stalled in the legal system. With a few notable exceptions, neither criminal nor civil proceedings, at either the federal or state level, have provided recourse for those injured by... |
2016 |
|
| Lisa Grow Sun , Brigham Daniels |
EXTERNALITY ENTREPRENEURISM |
50 U.C. Davis Law Review 321 (November, 2016) |
The way that economists have taught us to think about externalities--asking us to identify, measure, and internalize them--while useful, has also created a substantial blind spot. According to economic thinking, the law ought to incentivize or force those who create externalities to internalize them. Yet, internalizing externalities is just one way... |
2016 |
|
| Aimee Constantineau |
FAIR FOR WHOM? WHY DEBT-COLLECTION LAWSUITS IN ST. LOUIS VIOLATE THE PROCEDURAL DUE PROCESS RIGHTS OF LOW-INCOME COMMUNITIES |
66 American University Law Review 479 (December, 2016) |
Debt collection has burgeoned into a thriving industry over the past decade, and it is estimated to be a $13 billion dollar business today. Yet, most of the 35% of American adults who owe an average debt of $5000 do not even know that a creditor is trying to collect the debt. In St. Louis, Missouri, over 100,000 judgments were handed down in debt... |
2016 |
|
| Aracely Rodman |
FILMING THE POLICE: AN INTERFERENCE OR A PUBLIC SERVICE |
48 Saint Mary's Law Journal 145 (2016) |
I. Introduction. 146 II. History of the Law. 149 A. First and Fourth Amendment Issues. 149 B. Circuit Court Cases Addressing the Right to Record Police Officers. 151 C. District Court Cases Addressing the Right to Record Police Officers. 154 III. Determining What Constitutes an Interference and Identifying the Applicable Parameters. 156 A. What... |
2016 |
|
| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
10 Charleston Law Review 173 (Fall, 2016) |
INTRODUCTION. 173 I. THE LONG ROAD TOWARD AN ANTISUBORDINATION FUTURE. 175 II. RACIAL CAMPUS UNREST AS A BAROMETER OF SUBORDINATION. 184 III. SURVEY OF SYMPOSIUM CONTRIBUTIONS. 189 IV. CONCLUSION. 193 |
2016 |
|
| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
37 Whittier Law Review 335 (Spring, 2016) |
More than twenty years ago, as an untenured law professor, I flew to Puerto Rico to participate in a 1995 colloquium on Latinas/os and critical race theory. Sponsored by the Latino Law Professor section of the Hispanic National Bar Association, the event was part of the HNBA's annual meeting. Seated together in front of me on the plane for the... |
2016 |
|
| Ashley M. Eick |
FORGING AHEAD FROM FERGUSON: RE-EVALUATING THE RIGHT TO ASSEMBLE IN THE FACE OF POLICE MILITARIZATION |
24 William & Mary Bill of Rights Journal 1235 (May, 2016) |
Somewhere I read that the greatness of America is the right to protest for right. -Martin Luther King, Jr. Stark images of protesters squaring off against police officers dominated the evening news for several weeks in August 2014. For many around the world, it was almost impossible to reconcile the pictures of police mounted on armored vehicles... |
2016 |
|
| Thomas Harvey, Kathleen Heath |
FOR-PROFIT POLICING, MUNICIPAL COURTS, AND HUMAN RIGHTS VIOLATIONS |
42 Human Rights 24 (2016) |
We believe that our problem is one not of violation of civil rights but a violation of human rights. Not only are we denied the right to be a citizen in the United States, we are denied the right to be a human being. --Malcolm X When people took to the streets of Ferguson to protest the killing of Michael Brown and pervasive police violence in... |
2016 |
|
| Gregory S. Parks , Marcia Hernandez |
FORTITUDE IN THE FACE OF ADVERSITY: DELTA SIGMA THETA'S HISTORY OF RACIAL UPLIFT |
13 Hastings Race and Poverty Law Journal 273 (Summer, 2016) |
The uninvolved, disengaged citizen has no place in America. --Barbara Jordan, Texas State Senator Political power may not be all that Black women are after. Historically, it has been the humanity, compassion and courage of Black women that has set them apart, gotten them through their most difficult times and made a difference in America. --Melba... |
2016 |
|
| Karl S. Coplan |
FOSSIL FUEL ABOLITION: LEGAL AND SOCIAL ISSUES |
41 Columbia Journal of Environmental Law 223 (June, 2016) |
I. Introduction. 225 II. The Scope of the Problem. 227 III. The Case for Fossil Fuel Abolition. 230 A. The Ethical Case: Avoiding Harm. 230 B. The Practical Case: Scientific Necessity. 238 C. The Pragmatic Case: Realpolitik and Simplicity. 240 1. Wicked and Super Wicked Problems. 241 2. Cultural Cognition Challenges for a Law-Based Response to... |
2016 |
|
| Joel M. Gora |
FREE SPEECH MATTERS: THE ROBERTS COURT AND THE FIRST AMENDMENT |
25 Journal of Law & Policy 63 (2016) |
This Symposium would not have happened without the support and guidance of Dean Nicholas Allard and Judge Andrew Napolitano, and without the participation of so many First Amendment experts and scholars, many of whom have been long-time professional and personal friends, and all of whom have contributed greatly to the consideration of these... |
2016 |
|
| Nadine Strossen |
FREEDOM OF SPEECH AND EQUALITY: DO WE HAVE TO CHOOSE? |
25 Journal of Law & Policy 185 (2016) |
As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive speech that affronts our most cherished beliefs, including our... |
2016 |
|
| Nancy C. Marcus |
FROM EDWARD TO ERIC GARNER AND BEYOND: THE IMPORTANCE OF CONSTITUTIONAL LIMITATIONS ON LETHAL USE OF FORCE IN POLICE REFORM |
12 Duke Journal of Constitutional Law & Public Policy 53 (Fall, 2016) |
One fateful October evening in 1974, two police officers were dispatched to a neighborhood in Memphis, Tennessee, in response to a call about the burglary of an unoccupied house. Upon arriving at the scene, the police spotted a black fifteen-year-old boy running from the back of the house toward a fence in the back yard. The boy, Edward Garner, was... |
2016 |
|
| Bill Ong Hing |
FROM FERGUSON TO PALESTINE: DISRUPTING RACE-BASED POLICING |
59 Howard Law Journal 559 (Spring 2016) |
INTRODUCTION. 560 I. HOW DID WE GET HERE?. 566 A. Racism - Driving While Black. 566 B. War on Drugs. 569 C. 9/11- Urban Areas Security Initiative/Urban Shield. 571 D. Broken Windows - Zero Tolerance/Stop and Frisk. 574 II. WHAT HAS BEEN THE RESPONSE?. 578 III. PROPOSALS FOR CHANGE. 584 A. Procedural Ideas. 585 1. Curtailment of sales of military... |
2016 |
|
| Samuel R. Bagenstos |
FROM INTEGRATIONISM TO EQUAL PROTECTION: TENBROEK AND THE NEXT 25 YEARS OF DISABILITY RIGHTS |
13 University of Saint Thomas Law Journal 13 (Fall, 2016) |
If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights... |
2016 |
|
| Harvey Gee |
HABEAS CORPUS, CIVIL LIBERTIES, AND INDEFINITE DETENTION DURING WARTIME: FROM EX PARTE ENDO AND THE JAPANESE AMERICAN INTERNMENT TO THE WAR ON TERRORISM AND BEYOND |
47 University of the Pacific Law Review 791 (2016) |
I. Introduction. 792 II. The Internment of Japanese Americans and Endo: It was About Race Despite the Government and Supreme Court Insistence that It Was About Military Necessity . 796 A. The Three Internment Cases Leading Up to Endo. 799 B. Endo's Petition for Writ of Habeas Corpus and Justice Douglas' Avoidance of the Constitutional Issues. 801... |
2016 |
|
| Sheldon Novick |
HOMER PLESSY'S FORGOTTEN PLEA FOR INCLUSION: SEEING COLOR, ERASING COLOR-LINES |
118 West Virginia Law Review 1181 (Spring 2016) |
I. Introduction. 1181 II. Background of Plessy v. Ferguson. 1184 III. Litigation in Louisiana. 1189 IV. Plessy v. Ferguson in the Supreme Court. 1197 V. Opinion of the Court. 1200 VI. Aftermath. 1204 VII. Conclusion: Homer Plessy Speaks to Us Still. 1209 |
2016 |
|
| Jalila Jefferson-Bullock |
HOW MUCH PUNISHMENT IS ENOUGH?: EMBRACING UNCERTAINTY IN MODERN SENTENCING REFORM |
24 Journal of Law & Policy 345 (2016) |
For nonviolent drug crimes, we need to lower long mandatory minimum sentences-- or get rid of them entirely. Give judges some discretion .. We need to ask prosecutors to use their discretion to seek the best punishment, the one that's going to be most effective, instead of just the longest punishment. President Barack Obama He describes every day... |
2016 |
|
| Kate Levine |
HOW WE PROSECUTE THE POLICE |
104 Georgetown Law Journal 745 (April, 2016) |
Police brutality is at the center of a growing national conversation on state power, race, and our problematic law enforcement culture. Focus on police conduct, in particular when and whether it should be criminal, is on the minds of scholars and political actors like never before. Yet this new focus has brought up a host of undertheorized... |
2016 |
|
| Ingrid V. Eagly |
IMMIGRANT PROTECTIVE POLICIES IN CRIMINAL JUSTICE |
95 Texas Law Review 245 (December, 2016) |
The increasing focus of federal immigration enforcement on persons accused of crimes has hastened the creation of local criminal justice policies that govern the treatment of immigrants. In this Article, I report my findings from public records requests sent to prosecutor offices, city police departments, and county sheriffs in four large counties... |
2016 |
|
| Etienne C. Toussaint |
INCARCERATION TO INCORPORATION: ECONOMIC EMPOWERMENT FOR RETURNING CITIZENS THROUGH SOCIAL IMPACT BONDS |
25 Journal of Affordable Housing & Community Development Law 61 (2016) |
I. Introduction. 62 II. The D.C. Incarceration to Incorporation Entrepreneurship Program Act of 2015. 67 III. Can Social Impact Bonds Finance Criminal Justice Reform?. 73 IV. Opportunities for Future SIBs in the United States. 78 V. Conclusion. 82 |
2016 |
|