| Author | Title | Citation | Summary | Year | Key Terms |
| Joshua Hegarty, Mitchell Hamline School of Law |
WHO WATCHES THE WATCHMEN? HOW PROSECUTORS FAIL TO PROTECT CITIZENS FROM POLICE VIOLENCE |
37 Mitchell Hamline Law Journal of Public Policy and Practice 305 (Fall, 2016) |
Prosecutors are arguably the most powerful agents of the criminal justice system. It is not an uncommon sentiment expressed within the legal community, whether for law students, practicing attorneys, and former prosecutors, that it is a position for attorneys who play to win. Prosecutors often do win, but in large part, it is because their... |
2016 |
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| W. Bradley Wendel |
WHOSE TRUTH? OBJECTIVE AND SUBJECTIVE PERSPECTIVES ON TRUTHFULNESS IN ADVOCACY |
28 Yale Journal of Law & the Humanities 105 (Winter, 2016) |
A lawyer confronts many features of the world that are given, inflexible, and must simply be dealt with; at the same time, she has latitude for creativity, for the exercise of skill and judgment toward the realization of the client's ends. This is true for lawyers acting in various capacities, including as counselors of clients and transactional... |
2016 |
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| Lewis R. Katz |
WHREN AT TWENTY: SYSTEMIC RACIAL BIAS AND THE CRIMINAL JUSTICE SYSTEM |
66 Case Western Reserve Law Review 923 (Summer, 2016) |
Street relations between the police and African-American communities have seemingly reached new levels of conflict, or else body cams and cell phones are finally disclosing the extent and truth about such interactions. The Cleveland officers who shot and killed Tamir Rice claimed that they had ordered him three times to drop the realistic toy gun... |
2016 |
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| Roseanna Sommers |
WILL PUTTING CAMERAS ON POLICE REDUCE POLARIZATION? |
125 Yale Law Journal 1304 (March, 2016) |
In the wake of national outrage and polarization over several high-profile police shootings of unarmed citizens, reformers have called for police officers to wear body cameras. This Note argues that, despite the seeming objectivity of the camera, video footage remains susceptible to biased interpretation by observers such as grand jurors. Reporting... |
2016 |
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| Amy Laura Cahn, Paula Z. Segal |
YOU CAN'T COMMON WHAT YOU CAN'T SEE: TOWARDS A RESTORATIVE POLYCENTRISM IN THE GOVERNANCE OF OUR CITIES |
43 Fordham Urban Law Journal 195 (March, 2016) |
Introduction. 196 I. Community Land Stewards in the Twentieth Century North American City. 200 A. Why Garden?. 200 B. Are Community Gardens Commons?. 205 C. Visiting the Greens. 207 1. Philadelphia, 1937-2005. 207 2. New York, 1974-1998. 209 II. The Invisibility of Community-Stewarded Space. 211 A. Tax Place: Debt Is More Valuable Than a Garden.... |
2016 |
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| David A. Thompson |
YOU HAVE THE RIGHT TO UNDERSTAND MIRANDA: A PROPOSAL FOR THE NEXT 50 YEARS |
63-JUL Federal Lawyer 50 (July, 2016) |
The landmark case of Miranda v. Arizona turns 50 this year. From Jack Lord to Peter Falk, from Jerry Orbach to Mariska Hargitay, during these five decades television cops have unvaryingly begun to intone, You have the right to remain silent . the moment their suspect is handcuffed. Nothing could be more clear-cut than the rule of Miranda . as... |
2016 |
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| Craig B. Futterman, Chaclyn Hunt, Jamie Kalven |
YOUTH/POLICE ENCOUNTERS ON CHICAGO'S SOUTH SIDE: ACKNOWLEDGING THE REALITIES |
2016 University of Chicago Legal Forum 125 (2016) |
This paper highlights the critical importance of acknowledging the reality of Black teenagers' experiences with the police. Public conversations about urban police practices tend to exclude the perspectives and experiences of young Black people, the citizens most affected by those practices. The aim of the Youth/Police Project--a collaboration of... |
2016 |
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| Dr. Jeremy I. Levitt |
"FUCK YOUR BREATH": BLACK MEN AND YOUTH, STATE VIOLENCE, AND HUMAN RIGHTS IN THE 21ST CENTURY |
49 Washington University Journal of Law & Policy 87 (2015) |
During bad circumstances, which is the human inheritance, you must decide not to be reduced. You have your humanity, and you must not allow anything to reduce that. We are obliged to know we are global citizens. Disasters remind us we are world citizens, whether we like it or not. --Maya Angelou I cherish my breath; it is an invaluable gift that I... |
2015 |
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| Zach Newman |
"HANDS UP, DON'T SHOOT": POLICING, FATAL FORCE, AND EQUAL PROTECTION IN THE AGE OF COLORBLINDNESS |
43 Hastings Constitutional Law Quarterly 117 (Fall 2015) |
For our civilized world is nothing but a masquerade. - Arthur Schopenhauer, 1851 When people come to believe that a system offers them nothing, they have nothing to lose by burning it down. - Erwin Chemerinsky, 1993 Every time you see me, you want to mess with me. - Eric Garner, 2014 And we hate po-po, wanna kill us dead in the street for sure. -... |
2015 |
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| Nickolas Kaplan |
"REPARATIONS NOW!": MUNICIPAL REPARATIONS, INTERNATIONAL TRIBUNALS, AND THE CHICAGO TORTURE JUSTICE MEMORIALS CAMPAIGN |
20 Public Interest Law Reporter 116 (Spring, 2015) |
Chicago is an epicenter of systemic anti-black state violence. The murder of Fred Hampton, the torture ring of Chicago Police Department Commander Jon Burge, and the domestic equivalent of CIA black site at Homan Square are just the tip of the iceberg. Almost 500 people have been killed by U.S. law enforcement in 2015 as of June 1, with the... |
2015 |
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| RuJ. Garrett |
A CALL FOR PROPHYLACTIC MEASURES TO SAVE "SOULS TO THE POLLS": IMPORTING A RETROGRESSION ANALYSIS IN ยง 2 OF THE VOTING RIGHTS ACT |
2015 University of Chicago Legal Forum 633 (2015) |
Sunday and the African-American community's ability to exercise its right to vote are historically connected. On Sunday, March 7, 1965, six hundred people marched from Selma to Montgomery to peacefully protest both the recent murder of a key voting rights activist and the ongoing exclusion of African Americans from the electoral process. The police... |
2015 |
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| Alan J. Gocha |
A CALL FOR REALISM IN THE JUSTICE SYSTEM: WHY CRIMINAL DEFENSE ATTORNEYS SHOULD TAKE RACE INTO ACCOUNT WHEN ADVISING CLIENTS |
28 Georgetown Journal of Legal Ethics 547 (Summer, 2015) |
The recent killings of Michael Brown and Eric Garner have reinvigorated a contentious national debate about racism in the criminal justice system. On August 9, 2014 in Ferguson, Missouri, Officer Darren Wilson shot and killed Michael Brown--an unarmed black teenager. After word spread through the media and the community that Brown was shot with his... |
2015 |
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| William P. Quigley |
A LETTER TO SOCIAL JUSTICE ADVOCATES: THIRTEEN LESSONS LEARNED BY KATRINA SOCIAL JUSTICE ADVOCATES LOOKING BACK TEN YEARS LATER |
61 Loyola Law Review 623 (Fall 2015) |
I. INTRODUCTION. 623 II. OUR STORIES. 626 A. Local Lawyers. 627 B. Advocates. 666 C. Students Who Later Became Lawyers. 670 III. LESSONS LEARNED. 688 IV. CONCLUSION. 703 |
2015 |
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| Melissa Mortazavi |
A NO-FAULT REMEDY FOR LEGAL MALPRACTICE? |
44 Hofstra Law Review 471 (Winter 2015) |
The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Some have estimated that as many as one in five attorneys is sued for legal malpractice over the course of their careers. Malpractice insurance... |
2015 |
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| Joshua J. Schroeder, J.D. |
AMERICA'S WRITTEN CONSTITUTION: REMEMBERING THE JUDICIAL DUTY TO SAY WHAT THE LAW IS |
43 Capital University Law Review 833 (Fall, 2015) |
Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine . . . reduces to nothing what we have deemed the greatest improvement on political institutions - a... |
2015 |
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| Gilbert Rivera |
ARMED NOT MILITARIZED: ACHIEVING REAL POLICE MILITARIZATION |
20 Berkeley Journal of Criminal Law 227 (Fall 2015) |
Police Militarization is a hot-button topic. The highly publicized events in Ferguson, after the tragic death of Michael Brown, and the grand jury choosing not to press charges against police officer Darren Wilson, nationally showcased a militarized police response to public protests. Media coverage showed Ferguson police in armored vehicles,... |
2015 |
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| Linda Sheryl Greene |
BEFORE AND AFTER MICHAEL BROWN --TOWARD AN END TO STRUCTURAL AND ACTUAL VIOLENCE |
49 Washington University Journal of Law & Policy 1 (2015) |
Prologue--The Kerner Comission. 2 I. Introduction--Before and Beyond Michael Brown. 3 II. Reinterpreting Deadly Force. 3 A. The Benign Dominant Narrative. 3 B. The Insurgent Narrative. 3 C. A History of Racial Violence. 9 D. The Psychological Turn. 16 E. Deadly and Excessive Force and Police Culture. 17 III. A Structure of Violence. 20 A.... |
2015 |
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| Aleatra P. Williams |
BENEATH THE STAINS OF TIME: THE BANALITY OF RACE, THE HOUSING AND FORECLOSURE CRISIS, AND THE FINANCIAL GENOCIDE OF MINORITIES |
24 Boston University Public Interest Law Journal 247 (Summer 2015) |
I. Introduction. 247 II. The Conceptualization of Race & Socially Accepted Racial Hierarchies. 251 III. Homeownership in the U.S.. 257 IV. Lending discrimination during the housing and foreclosure crisis. 262 A. Lending Discrimination Laws and Enforcement Agencies. 264 B. Left Behind: Minorities During the Housing and Foreclosure Crisis. 271 V. The... |
2015 |
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| Kim D. Chanbonpin |
BETWEEN BLACK AND WHITE: THE COLORING OF ASIAN AMERICANS |
14 Washington University Global Studies Law Review 637 (2015) |
While reporting on the civil unrest that followed the police killing of Mike Brown in Ferguson, Missouri last August, Fox News host Bill O'Reilly became enraged when his guest Megyn Kelly suggested that race-based privilege shields White people from police violence while it simultaneously subordinates Black people. After the brief on-air debate,... |
2015 |
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| Mike Lillis |
Black Dems warn of erosion of civil rights |
2015 The Hill 5566203 (September 15, 2015) |
Leading black Democrats warned Tuesday that the civil rights victories of the last 50 years are under threat. |
2015 |
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| Mike Lillis |
Black lawmakers back disruptions of Sanders, Democrats' events |
2015 The Hill 4758582 (August 13, 2015) |
Black lawmakers on Capitol Hill are defending the young activists using confrontation to press top Democratic presidential candidates to tackle the nation's protracted problems of racial injustice. |
2015 |
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| Vickie Casanova Willis, Standish E. Willis |
BLACK PEOPLE AGAINST POLICE TORTURE: THE IMPORTANCE OF BUILDING A PEOPLE-CENTERED HUMAN RIGHTS MOVEMENT |
21 Public Interest Law Reporter 235 (Symposium, 2015) |
Sometimes history takes things into its own hands. - Thurgood Marshall That power concedes nothing without a demand is an oft-quoted concept. When Frederick Douglass made this declaration in 1857 as part of his West India Emancipation speech, he also foretold the Chicago Police Torture saga in stating Who would be free, themselves must strike... |
2015 |
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| Laura Merkey |
BUILDING TRUST AND BREAKING DOWN THE WALL: THE USE OF RESTORATIVE JUSTICE TO REPAIR POLICE-COMMUNITY RELATIONSHIPS |
80 Missouri Law Review 1133 (Fall, 2015) |
The town of Ferguson, Missouri, captured national attention when a grand jury failed to indict Darren Wilson, a white police officer who shot and killed Michael Brown, an unarmed black teenager, three months prior. Similar citizen deaths involving police in both New York City and Cleveland have magnified the tensions felt across the country, and in... |
2015 |
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| Sarah Rivkin Smoler |
CENTRIC CHARTER SCHOOLS: WHEN SEPARATE MAY BE EQUAL |
10 Northwestern Journal of Law & Social Policy 319 (Spring, 2015) |
Introduction. 320 I. Brown And Its Progeny. 324 II. Charter Schools: What They Are And The Development Of Centric Charter Schools. 328 A. What are Charter Schools?. 329 B. Charter Schools in Chicago and the Emergence of Centric Charter Schools. 332 III. Why Centric Charter Schools Are Constitutional Despite Segregation Between Majority And Minority... |
2015 |
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| Eric J. Miller |
CHALLENGING POLICE DISCRETION |
58 Howard Law Journal 521 (Winter, 2015) |
Law enforcement officials have tremendous discretion to determine the amount and style of policing that occurs in their jurisdiction. They decide which crimes or suspects to pursue, which communities or locations to target for policing, the best methods to prevent or respond to crime, and how best to balance prevention and detection. These policy... |
2015 |
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CHAPTER FOUR CONSIDERING POLICE BODY CAMERAS |
128 Harvard Law Review 1794 (April, 2015) |
One evening in early December 2014, thousands of people gathered on the historic Boston Common, not to view the annual Christmas-tree lighting, but to add their voices to a growing movement. They carried with them signs inscribed with the mantras of that movement--phrases like Hands Up, Don't Shoot and Black Lives Matter--and they joined... |
2015 |
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| Austin Spillar |
CIVIL ASSET FORFEITURE REFORM: IS CHICAGO MAKING THE GRADE? |
21 Public Interest Law Reporter 67 (Fall 2015) |
Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it legal robbery, while law enforcement sees it as a tool to fight crime and... |
2015 |
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| Michael L. Perlin , Catherine Barreda , Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn |
CREATING A "BUILDING A DISABILITY RIGHTS INFORMATION CENTER FOR ASIA AND THE PACIFIC CLINIC": OF PEDAGOGY AND SOCIAL JUSTICE |
17 Marquette Benefits & Social Welfare Law Review 1 (Fall 2015) |
This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a... |
2015 |
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| Mario L. Barnes |
CRIMINAL JUSTICE FOR THOSE (STILL) AT THE MARGINS--ADDRESSING HIDDEN FORMS OF BIAS AND THE POLITICS OF WHICH LIVES MATTER |
5 UC Irvine Law Review 711 (November, 2015) |
Americans believe in the reality of race as a defined, indubitable feature of the natural world. Racism--the need to ascribe bone-deep features to people and then humiliate, reduce, and destroy them--inevitably follows from this inalterable condition. In this way, racism is rendered as the innocent daughter of Mother Nature, and one is left to... |
2015 |
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| Anna Stolley Persky |
DAMAGING SPEECH |
101-NOV ABA Journal 15 (November, 2015) |
Michigan State University student Duncan Tarr knew he could face criminal trespass charges when he decided to protest the construction of a pipeline that would transport crude oil known as tar sands from Canada through Michigan. Tarr and Dylan Ochala-Gorka, a carpenter, put U-locks around their necks and connected themselves to a truck to block... |
2015 |
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