| Author | Title | Citation | Summary | Year | key Terms in Title or Summary |
| Brandon Hasbrouck |
1983 |
124 Columbia Law Review Forum 1 (1/29/2024) |
This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell's classic novel Nineteen Eighty-Four. Like Orwell's novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide... |
2024 |
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| Ashley Metzbower |
"BECAUSE, YO, MY BROTHER JUST GOT HURT": MARYLAND FAILS TO ACCOUNT FOR THE EMPIRICAL REALITY UNDERLYING UNPROVOKED FLIGHT FROM POLICE IN WASHINGTON v. STATE |
83 Maryland Law Review 609 (2024) |
In Washington v. State, the Supreme Court of Maryland evaluated the probative value of unprovoked flight from law enforcement and, specifically, whether unprovoked flight in a high-crime area is sufficient to establish reasonable suspicion of criminal activity. The court held that in determining whether reasonable suspicion for an investigatory... |
2024 |
Yes |
| Rachel Kincaid |
"EXCITED DELIRIUM" TRAINING ENCOURAGES LAW ENFORCEMENT VIOLENCE |
99 Tulane Law Review 49 (November, 2024) |
As George Floyd lay dying in the street with Derek Chauvin kneeling on his neck, another officer expressed concern about excited delirium or whatever. Chauvin responded, that's why we have him on his stomach. When paramedics injected Elijah McClain with an amount of ketamine that was grossly disproportionate to his size, they had just been told... |
2024 |
Yes |
| David A. Elder |
"FIRST AMENDMENT EXCEPTIONALISM" AND THE SPECTER OF AN ORWELLIAN AMERICA: RECORDINGS OF POLICE, ALL PUBLIC OFFICIALS (AND LIKELY ALL OF US) IN PUBLIC AT GROUND LEVEL |
34 George Mason University Civil Rights Law Journal 1 (Spring, 2024) |
First Amendment exceptionalism' [connotes] the belief that the First Amendment weighs the scales above and beyond what a sensible theory of freedom of speech, understood as part of a general theory of freedom, would require. This Article critiques in depth the purported growing consensus of federal appellate courts invalidating on First... |
2024 |
Yes |
| Zamir Ben-Dan |
"HOLD YOUR (UN)SCHOLARLY TONGUE": DISMANTLING SIR RACISM'S 'ACADEMIC FREEDOM' SHIELD |
33 Southern California Review of Law & Social Justice 159 (Spring, 2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 160 II. THE ORIGINS AND PURPOSES OF ACADEMIC FREEDOM. 164 A. The 1915 Declarations of Principles on Academic Freedom and Academic Tenure. 164 B. Further AAUP Comments on Academic Freedom. 167 C. Academic Freedom vs. The First Amendment. 168 1. The Supreme Court's Treatment of Academic Freedom as It Relates to... |
2024 |
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| Jasmine Oesterling |
"I CAN'T BREATHE": A COMPARISON OF RACIAL INEQUITY AND POLICE BRUTALITY OBSERVED IN FRANCE AND THE UNITED STATES |
17 DePaul Journal for Social Justice 1 (Spring, 2024) |
This paper explores the unanticipated convergence of human experiences among Black and Brown citizens of France and the United States, despite their historical and legislative differences. Investigating racial inequity and police brutality through a comparative lens, this paper highlights global connections forged by racial and ethnic minorities in... |
2024 |
Yes |
| Roseanna Sommers, Kate Weisburd |
"LEGALLY MAGIC" WORDS: AN EMPIRICAL STUDY OF THE ACCESSIBILITY OF FIFTH AMENDMENT RIGHTS |
119 Northwestern University Law Review 637 (2024) |
Abstract--Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using explicit, clear, and unambiguous statements--or, as some dissenting judges have lamented, using legally magic words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary... |
2024 |
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| Ayesha I. Ahsan |
"MY MIRANDAS DON'T STAND A CHANCE, WITH COPS": THE UNITED STATES SUPREME COURT'S IMPENDING DESTRUCTION OF MIRANDA RIGHTS UNDER THE PRETENSE OF PROPHYLAXIS IN VEGA v. TEKOH |
65 Boston College Law Review 1445 (April, 2024) |
Abstract: In 2022, in Vega v. Tekoh, the U.S. Supreme Court held that individuals interrogated without knowledge of their Miranda rights cannot seek remedy under 42 U.S.C. § 1983. The Supreme Court's rationale for this decision was that the right provided in the 1966 Miranda v. Arizona decision, which ensures that those facing the criminal legal... |
2024 |
|
| Natalie Gould |
"POLICE YELP" |
14 UC Irvine Law Review 323 (January, 2024) |
This Note discusses failed police accountability measures and suggests a new intervention, Police Yelp, that focuses on community control over police officers. The Note discusses the current institutional measures that have attempted to control police but have failed, largely due to their reactive and institutional nature. To better control... |
2024 |
Yes |
| Clay W. Crozier |
"PURPOSEFULNESS" THROUGHOUT THE DOCTRINES: THE IMPORTANCE OF MASTERPIECE CAKESHOP AND ITS CONTRIBUTION TO CONSTITUTIONAL ANALYSIS |
36 Regent University Law Review 59 (2023-2024) |
In 1976, the United States Supreme Court instituted a purposefulness requirement to the Fourteenth Amendment's Equal Protection Clause analysis-- meaning that plaintiffs would be forced to show that a law or governmental action was purposefully denied to them based on a suspect classification before they could proceed onto a traditional strict... |
2024 |
Yes |
| Jeremy Lamstein |
"SWIFTIES" OR SWIFT SUPPRESSION? HOW POLICE OFFICERS EXPLOIT COPYRIGHT LAW AND PRACTICE ONLINE TO EVADE PUBLIC ACCOUNTABILITY |
45 Cardozo Law Review 1017 (February, 2024) |
C1-2Table of Contents Introduction. 1018 I. Background. 1021 A. What Empowers Police to Suppress Recordings: Copyright Infringement, the DMCA Safe Harbor, and Content ID. 1021 1. The DMCA and the § 512 safe Harbor provision. 1022 2. How Rightsholders Issue DMCA Takedowns. 1024 3. Content ID: YouTube's Digital Fingerprinting System. 1026 B. What... |
2024 |
Yes |
| Zamir Ben-Dan |
"TODAY, THE CONSTITUTION PREVAILS": A HISTORY AND LEGACY OF CONSTITUTIONAL RACISM |
45 Cardozo Law Review 1653 (August, 2024) |
C1-2Table of Contents Introduction. 1654 I. Defining Coded Racism. 1659 II. Coded Racism and the Constitution. 1661 A. Coded Racism and the Text of the Constitution. 1662 B. Coded Racism and the Structure of the Constitution. 1665 C. Despite the Code, the Federal Branches Understood the Constitution to Sanction Chattel Slavery and Anti-Black Racial... |
2024 |
|
| M. Broderick Johnson |
"TRYING TO SAVE THE WHITE MAN'S SOUL": PERPETUALLY CONVERGENT INTERESTS AND RACIAL SUBJUGATION |
133 Yale Law Journal 1335 (February, 2024) |
An assumption that dominates the discourse on race in the United States is that racial subjugation is only harmful to the subjugated. Many people take for granted that White people have nothing to gain from disrupting the existing racial hierarchy. Indeed, efforts to uplift people of color are typically viewed as coming at the expense of White... |
2024 |
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| Frank D. LoMonte , Jessica Terkovich |
"TWITTER JAIL" FOR THE JAILER: THE PRECARIOUS FIRST AMENDMENT RIGHTS OF POLICE OFFICERS TO SHARE WORKPLACE CONCERNS ON SOCIAL MEDIA |
24 Nevada Law Journal 473 (Spring, 2024) |
C1-2Table of Contents Introduction. 474 I. Legal Background. 477 A. The First Amendment Inside, and Outside, the Workplace. 477 B. The Pickering and the Pendulum. 482 C. Is the First Amendment a Facebook Friend?. 486 D. Social Media and Public Employment. 489 II. Police Agency Supervision over Social Media. 490 A. Liverman and Online Speech in... |
2024 |
Yes |
| Dr. JoAnne Sweeny |
#METOO AS LEGAL STORYTELLING |
21 Legal Communication & Rhetoric: JALWD 65 (Fall, 2024) |
The #MeToo movement, begun on MySpace by activist Tarana Burke, went viral on Twitter on October 15, 2017 after actress Alyssa Milano tweeted a request that anyone who had been sexually assaulted or harassed write me too in response. Within twenty-four hours, that message had received over 55,000 replies. Within the next 45 days, it had reached... |
2024 |
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| Lenese C. Herbert |
(CON)SCRIPTED: "CAUCASIAN RICH BRAIN" |
73 DePaul Law Review 847 (Spring, 2024) |
[E]ntertainment is not innocent.--James Baldwin They called them brilliant. Respecters of the sharp edges and reliable bubbler[s] of memorable language. Their writing, roundly regarded as a bracing and refreshing font of quips and barbs and total twists of the heart, was likened to the precision of an architect's plans. They crafted... |
2024 |
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| Nicole Dillard , Esperanza Sanchez |
. BUT WORDS CAN ALSO HURT YOU: HOW HATE SPEECH CONTRIBUTED TO HARMFUL IMMIGRATION POLICY |
27 University of the District of Columbia Law Review 86 (Spring, 2024) |
On June 16, 2015, Donald J. Trump descended a golden escalator into the atrium of Trump Tower in New York City to announce his candidacy for president. After commenting on the crowd size in his opening remarks, Mr. Trump turned his attention to China, Japan, and Mexico, assailing them as economic competitors. They beat us all the time, he railed.... |
2024 |
Yes |
| Regina Umpstead Pratel, J.D., Ph.D. |
A CHILLY TIME IN SCHOOLS: STATE CONTENT RESTRICTION LAWS AND THE INTENT TO DISCRIMINATE |
429 West's Education Law Reporter 1 (12/19/2024) |
Social awareness and activism over racial discrimination in the United States have been on the rise. In 2013, the acquittal of George Zimmerman in Trayvon Martin's death served as a catalyst for the Black Lives Matter movement. In a matter of weeks, the movement shattered what remained of the notion of a post-racial America and reoriented the... |
2024 |
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| Timothy T. Hsieh |
A LEGACY OF SERVICE: THE CONTRIBUTIONS OF OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW ALUMNI AS FEDERAL JUDGES |
49 Oklahoma City University Law Review 9 (Fall, 2024) |
Oklahoma City University School of Law (OCU Law) has produced numerous distinguished graduates, or alumni, who have gone on to serve with distinction in the Oklahoma state judiciary including in the Oklahoma Supreme Court. Just to provide an illustration, nearly half of the current district judges and special judges in the Oklahoma County... |
2024 |
Yes |
| Shauhin A. Talesh , Spencer L. Levitt |
A MILE WIDE BUT AN INCH DEEP: PERVASIVE RACISM IN INTERNATIONAL FOOTBALL, SYMBOLIC COMPLIANCE, AND A SUBSTANTIVE PATH FORWARD |
27 University of Pennsylvania Journal of Law and Social Change 131 (2024) |
Despite football (also known as soccer) being the most popular and diverse game in the world, racism and discrimination pervade the sport. Racism and discrimination continue notwithstanding widespread recognition of the problem and continuous reforms and regulations implemented by international and regional bodies. To our understanding, this is... |
2024 |
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| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
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| Cristina Carmody Tilley |
A NEW PRIVATE LAW OF POLICING |
89 Brooklyn Law Review 367 (Winter, 2024) |
American law was designed for a world divided between the public life of the citizen and the private life of the self. Public law provided by the Constitution and statutes governed the vertical relationship between citizen and state, while private law developed by judges and juries set the terms of horizontal relationships between individual... |
2024 |
Yes |
| Jessica Levin |
A PATH TOWARD RACE-CONSCIOUS STANDARDS FOR YOUTH: TRANSLATING ADULTIFICATION BIAS THEORY INTO DOCTRINAL INTERVENTIONS IN CRIMINAL COURT |
35 UC Law SF Journal on Gender and Justice 83 (May, 2024) |
This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at... |
2024 |
|
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
|
| Joelle Paull |
A RACE CONSCIOUS OBJECTIVE REASONABLE PERSON STANDARD UNDER THE WASHINGTON STATE CONSTITUTION |
76 Rutgers University Law Review 1097 (Summer, 2024) |
C1-2Table of Contents I. Introduction. 1098 II. Statement of the Case. 1099 A. Factual Background. 1099 B. Procedural History. 1100 C. Before the Washington Supreme Court. 1100 III. History and Background. 1101 A. Washington Supreme Court and Racial Justice. 1101 B. Washington State and Racial Injustice by the Numbers. 1103 1. Stops. 1104 2.... |
2024 |
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| Tom I. Romero, II |
A RPL IN TIME: A BROWN BUFFALO'S OBSERVATIONS ON THE ONGOING STRUGGLE OF CIVIC AND RACIAL NATIONALISM IN HIGHER EDUCATION--CIRCA 2023 |
101 Denver Law Review 497 (Spring, 2024) |
C1-2Table of Contents I. Author's Testimonio: I am a Chicano by ancestry and a Brown Buffalo by choice.. 497 II. The Age of Confusion. 500 III. The Revolt[s] of the Cockroach Peoples. 503 IV. The Ongoing (Auto) Biographies of Brown Buffaloes. 508 V. Author's Postscript: Radical Hope, Buffaloes, and Dreaming Freedom in Higher Education. 516 |
2024 |
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| Samantha N. McCort |
A SIMPLE SOLUTION TO A COMPLICATED PROBLEM: GIGLIO DISCLOSURES IN IOWA CRIMINAL CASES |
109 Iowa Law Review 2293 (July, 2024) |
ABSTRACT: What mama doesn't know won't hurt her does not apply in the criminal justice system. To the contrary, the U.S. Supreme Court's holdings in Maryland v. Brady and Giglio v. United States make clear that what criminal defendants do not know may very well hurt them. The Supreme Court has held that criminal defendants are constitutionally... |
2024 |
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| Maryam Jamshidi |
A TRANSFORMATIONAL AGENDA FOR NATIONAL SECURITY |
2024 University of Chicago Legal Forum 161 (2024) |
Past efforts to reimagine national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national... |
2024 |
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| Lauren Jones |
ABILITY TO PAY: CLOSING THE ACCESS TO JUSTICE GAP WITH POLICY SOLUTIONS FOR UNAFFORDABLE FINES AND FEES |
51 Fordham Urban Law Journal 1593 (September, 2024) |
State, city, and local laws impose fines as punishment for everything from traffic and municipal code violations to felonies, and charge people extra fees as a means of financing law enforcement, the court system, and other government operations. Typically imposed without regard to a person's ability to pay, the fines and fees for even a single... |
2024 |
Yes |
| David S. Cohen, Greer Donley, Rachel Rebouché |
ABORTION PILLS |
76 Stanford Law Review 317 (February, 2024) |
Abstract. Abortion is now illegal in roughly a third of the country, but abortion pills are more widely available than ever before. Clinics, websites, and informal networks facilitate the distribution of abortion pills, legally and illegally, across the United States, while antiabortion advocates and legislators are adopting all manner of... |
2024 |
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| Joel S. Johnson |
AD HOC CONSTRUCTIONS OF PENAL STATUTES |
100 Notre Dame Law Review 73 (November, 2024) |
The Supreme Court construed penal statutes in forty-three cases from the 2013 Term through the 2022 Term. In those cases, the Court tended to adopt narrow constructions, a preference consistent with several substantive canons of construction, such as the rule of lenity and the avoidance of constitutional vagueness concerns. Substantive canons were... |
2024 |
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| Alexa A. Panganiban |
ADDRESSING THE ROOT CAUSE OF COVID-19 HATE CRIMES AGAINST THE AAPI COMMUNITY: SHIFTING FROM REACTIVE POLICIES TO PREVENTATIVE SOLUTIONS |
32 Journal of Law & Policy 160 (2024) |
While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with... |
2024 |
|
| Dalton Primeaux |
ADJUSTING THE FOCUS: ADDRESSING PRIVACY CONCERNS RAISED BY POLICE BODY-CAMERA FOOTAGE |
27 CUNY Law Review 117 (Winter, 2024) |
Introduction. 117 I. Body Camera Background. 120 A. History and Use of Body Cameras. 121 B. Officer Control of Footage. 124 C. Public Record and the Request Process. 125 D. Evidence and Use by Defense. 128 II. Public Interest in Disclosure. 129 III. Need for Privacy. 132 A. Policies That Protect Privacy. 133 B. Minors in Focus. 136 IV. Finding a... |
2024 |
Yes |
| Susan Bibler Coutin, Walter J. Nicholls |
ADMINIGRATION: CITY-LEVEL GOVERNANCE OF IMMIGRANT COMMUNITY MEMBERS |
49 Law and Social Inquiry 1595 (August, 2024) |
The concept of adminigration provides a much-needed lens in theorizing immigration enforcement, citizenship, and urban geographies. We define adminigration as the governance of immigrant community members through city-level policies and programs, whether or not these explicitly focus on immigrants. Our focus on adminigration involves three... |
2024 |
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| Adam Davidson |
ADMINISTRATIVE ENSLAVEMENT |
124 Columbia Law Review 633 (April, 2024) |
There are currently over a million people enslaved in the United States. Under threat of horrendous punishment, they cook, clean, and even fight fires. They do this not in the shadow of the law but with the express blessing of the Thirteenth Amendment's Except Clause, which permits enslavement and involuntary servitude as punishment for a crime.... |
2024 |
|
| Richard J. Bonnie |
ADOLESCENTS IN THE JUSTICE SYSTEM: A PROGRESS REPORT ON THE RESTATEMENT OF CHILDREN AND THE LAW |
91 University of Chicago Law Review 383 (March, 2024) |
Professor Elizabeth Scott, the chief reporter of the American Law Institute's (ALI) Restatement of Children and the Law, has often observed that the nation's widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in... |
2024 |
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| Kristin Henning |
ADVANCING RACIAL JUSTICE THROUGH THE RESTATEMENT OF CHILDREN AND THE LAW: THE CHALLENGE, THE INTENT, AND THE OPPORTUNITY |
91 University of Chicago Law Review 345 (March, 2024) |
The Restatement of Children and the Law explores the regulation of children in four categories: Children in Families, Children in Schools, Children in the Justice System, and Children in Society. Each category surveys the laws that facilitate or guard against the intrusion of the state into the lives of young people. Despite the state's... |
2024 |
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| Trayce Hockstad, Lawrence Cappello |
AFTER THE AGE OF DISCRETION: POLICING AND PRIVACY IN A WORLD OF AUTOMATED ROADWAY ENFORCEMENT |
98 Saint John's Law Review 13 (2024) |
Our Fourth Amendment attempts to harmonize in fifty-eight words the tenuous, antagonistic relationship between privacy and public safety. These two values appear to be deadlocked in a contentious legal orbit, leaving behind them a trail of fascinating but foreboding jurisprudence in American law. The fundamental need of individuals for spaces of... |
2024 |
Yes |
| Bryan H. Choi |
AI MALPRACTICE |
73 DePaul Law Review 301 (Winter, 2024) |
Should AI modelers be held to a professional standard of care? Recent scholarship has argued that those who build AI systems owe special duties to the public to promote values such as safety, fairness, transparency, and accountability. Yet, there is little agreement as to what the content of those duties should be. Nor is there a framework for how... |
2024 |
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| April G. Dawson |
ALGORITHMIC ADJUDICATION AND CONSTITUTIONAL AI--THE PROMISE OF A BETTER AI DECISION MAKING FUTURE? |
27 SMU Science and Technology Law Review 11 (Spring/Summer, 2024) |
Algorithmic governance is when algorithms, often in the form of AI, make decisions, predict outcomes, and manage resources in various aspects of governance. This approach can be applied in areas like public administration, legal systems, policy-making, and urban planning. Algorithmic adjudication involves using AI to assist in or decide legal... |
2024 |
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| Keith Swisher |
ALGORITHMIC JUDICIAL ETHICS |
2024 Wisconsin Law Review 1289 (2024) |
Judges have a brand-new bag--an algorithmic accessory in criminal adjudication. It scores criminal defendants, aiming to inform judges which defendants are likely reoffenders or flight risks and which ones are not. The downsides, however, include that the algorithms score defendants primarily on the basis of other defendants' (mis)conduct and that... |
2024 |
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| Hon. Carlton W. Reeves, Chair, United States Sentencing Commission, District Judge, U.S. District Court for the Southern District of Mississippi |
ALTERNATIVES TO INCARCERATION AND THE SENTENCING COMMISSION: A CALL FOR PROGRESS THROUGH PARTNERSHIP |
2024 Federal Sentencing Reporter 1072126 (2/1/2024) |
In this piece, I want to discuss where the Sentencing Commission might go in the future during my tenure as Chair. More importantly, I want to discuss how we can achieve that future. Before doing that, I must talk about where we are now, and how we got from the past to the present. In our country's earliest days, imprisonment was not an ordinary... |
2024 |
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| Mark Jia |
AMERICAN LAW IN THE NEW GLOBAL CONFLICT |
99 New York University Law Review 636 (May, 2024) |
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and... |
2024 |
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| Christian Ketter |
AN "ASSEMBLAGE" OF OPINIONS: HOW THE COUNTERPOINT OF THE ROBERTS COURT'S SECOND AMENDMENT CASES FIXED INADVERTENCIES IN JOHN MARSHALL'S TREASON DOCTRINE |
51 Rutgers Law Record 200 (Spring, 2024) |
It is admitted that the constitution has prevented many questions as to the doctrine of treason. -Chief Justice John Marshall (Ex Parte Bollman) Every opinion, to be correctly understood, ought to be considered with a view to the case in which it was delivered. -Chief Justice John Marshall (United States v. Burr) [W]e must never forget that it is a... |
2024 |
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| Joanna C. Schwartz |
AN EVEN BETTER WAY |
112 California Law Review 1083 (June, 2024) |
Introduction. 1083 I. What We Know. 1085 II. How to Reform the Law in Light of What We Know. 1093 III. How to Reform the Law in Light of What We Know About How Hard it is to Reform the Law. 1098 Conclusion. 1106 |
2024 |
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| Lucy Chin |
ANSWERING THE CALL: HOW RECONFIGURATION OF THE NATION'S MENTAL HEALTH CRISIS CALL LINE CAN FACILITATE REIMAGINATION OF COMMUNITY WELL-BEING AND PUBLIC SAFETY |
108 Minnesota Law Review 2643 (May, 2024) |
When the 988 Suicide and Crisis Lifeline went live in Summer 2022, communities across the country began to confront the question of how this new, expanded behavioral health resource would integrate into the country's preexisting, emergency response systems. The program seemed to promise the solution to an increasingly visible problem--as... |
2024 |
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| Sonia M. Gipson Rankin , Melanie Moses , Kathy L. Powers |
AUTOMATED STATEGRAFT: ELECTRONIC ENFORCEMENT TECHNOLOGY AND THE ECONOMIC PREDATION OF BLACK COMMUNITIES |
2024 Wisconsin Law Review 665 (2024) |
Automated traffic enforcement systems disproportionately impact Black communities in the United States. This Essay uncovers a troubling reality: while technologies such as speed cameras and red light cameras are often touted as tools for public safety by the National Highway Safety Transportation Administration, they disproportionately burden Black... |
2024 |
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| Alexis Hoag-Fordjour |
BACK TO THE FUTURE: (RE)CONSTRUCTING INEFFECTIVE ASSISTANCE OF COUNSEL |
58 U.C. Davis Law Review 111 (November, 2024) |
This Article explores a new way of determining ineffective assistance of counsel. Under existing law, a defendant must show that (1) counsel's performance was deficient, and (2) such deficiency resulted in prejudice. Although the right to counsel is a foundational guarantee in criminal proceedings, the ineffectiveness standard fails to adequately... |
2024 |
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| Alireza Nourani-Dargiri |
BAILING OUT THE PROTESTER |
14 Columbia Journal of Race and Law 977 (August, 2024) |
The United States cash bail system unconstitutionally hinders protest rights enshrined in the First Amendment. Protesting on controversial issues, while protected activity, often risks arrests and other interactions with police. Unfortunately, studies show that protesters of color are arrested at higher rates than white protesters. Cash bail, in... |
2024 |
Yes |
| Gillian Isabelle |
BALANCING THE BURDEN OF QUALIFIED IMMUNITY: HOW TO BETTER ADDRESS THE ORIGINAL INTENTIONS OF THIS LIMITED DEFENSE TO § 1983 CLAIMS |
92 George Washington Law Review Arguendo 95 (October, 2024) |
The doctrine of qualified immunity was born in a time of turmoil in the United States. A Supreme Court-created defense meant to shield government officials from petty lawsuits, qualified immunity has become a highly criticized doctrine. This criticism is representative of the ever-growing concern that government officials, especially police... |
2024 |
Yes |