AuthorTitleCitationSummaryYearkey Terms in Title
John Schelhas Race, Ethnicity, and Natural Resources in the United States: a Review 42 Natural Resources Journal 723 (Fall, 2002) The United States is a racially and ethnically diverse country, but only recently have researchers and scholars paid much attention to the significance of this diversity for natural resource management and policy. This article reviews the literature on racial discrimination and ethnic differences in valuing and using natural resources. The review... 2002  
Gabriel J. Chin Race, the War on Drugs, and the Collateral Consequences of Criminal Conviction 6 Journal of Gender, Race and Justice 253 (Fall 2002) One of the most important recent developments in the criminal justice system is the increasing imposition of sanctions for conviction off-budget, covertly. These sanctions, often called collateral consequences, are not imposed explicitly as part of the sentencing process, but by legislative creation of penalties applicable by operation of law... 2002  
Dan M. Kahan Reciprocity, Collective Action, and Community Policing 90 California Law Review 1513 (October, 2002) This Article has two goals. The first is to develop a theoretical framework for evaluating different techniques for policing street crime. The second is to highlight the explanatory and prescriptive power of a particular theory of social norms and law. Recent years have witnessed the emergence of a diverse array of crime-fighting strategies--from... 2002 Yes
Samuel R. Gross , Katherine Y. Barnes Road Work: Racial Profiling and Drug Interdiction on the Highway 101 Michigan Law Review 651 (December, 2002) I. Introduction. 653 II. Stops, Searches and Hits. 662 A. The Maryland State Police Data. 662 1. Searches and Stops. 662 2. Hits.. 667 B. The Process. 670 1. Pretext Stops and Operation Pipeline. 670 2. Consent and Probable Cause. 672 3. Intelligence. 677 C. Do the Data Describe Reality?. 678 1. Misreporting. 678 2. Preselecting. 682 D. Is This... 2002  
Lis Wiehl Sounding Black in the Courtroom: Court-sanctioned Racial Stereotyping 18 Harvard BlackLetter Law Journal 185 (Spring, 2002) The Kentucky Supreme Court recently upheld the conviction of a black man for selling crack cocaine based on the testimony of a white police officer, who stated that an unknown voice on an audio tape sounded like a black malethe defendant. The officer had never met or seen the defendant before trial. This Article argues that the decision is an... 2002  
Wayne A. Logan Street Legal: the Court Affords Police Constitutional Carte Blanche 77 Indiana Law Journal 419 (Summer, 2002) To the criminal defense bar, it seemed a Fourth Amendment case nonpareil: a well-off, white, middle-aged soccer mom, with two kids in tow, and no contraband in her possession, arrested and hauled off to jail for not wearing a seat belt. Alleging that the arrest violated the amendment's ban on unreasonable seizures, the soccer mom sued under 42... 2002 Yes
William J. Stuntz Terrorism, Federalism, and Police Misconduct 25 Harvard Journal of Law & Public Policy 665 (Spring, 2002) The defining characteristic of American criminal law enforcementthe characteristic that most distinguishes it from law enforcement elsewhere in the developed worldis its localism. There are approximately 800,000 police officers in the United States. Over 660,000 of them work for local governments. And personnel statistics understate the system's... 2002 Yes
Geoffrey Rapp The Economics of Shootouts: Does the Passage of Capital Punishment Laws Protect or Endanger Police Officers? 65 Albany Law Review 1051 (2002) Over the past few years, the names of Amadou Diallo and Patrick Dorismond have been seared into the public consciousness of New York, in large part because they both were killed during a time when the public perception was that New York City was safer than ever before. The stories of these two men-- innocent of any crime, yet gunned down by the... 2002 Yes
Stephen Skinner The Third Pillar Treaty Provisions on Police Cooperation: Has the Eu Bitten off More than it Can Chew? 8 Columbia Journal of European Law 203 (Spring, 2002) The treaty provisions for cooperation among the Member States of the European Union (EU) on policing are a clear illustration of the tension at the heart of EU integration and may be indicative of its limits. On the one hand, Member States perceive a growing threat from crimes as diverse as drug trafficking, terrorism and art theft, for example, in... 2002 Yes
Eric Manch Throwing the Baby out with the Bathwater: How Continental-style Police Procedural Reforms Can Combat Racial Profiling and Police Misconduct 19 Arizona Journal of International & Comparative Law 1025 (Fall, 2002) Until the day she was stopped in March 1997, Gail Atwater never considered herself anti-cop. As a white woman living in the suburbs, she was not the type to complain about police misconduct. Her encounter that day with Officer Turek of the Lago Vista, Texas police department, however, led to one of the most controversial decisions of the Supreme... 2002 Yes
Mark Weintraub A Pack of Wild Dogs? Chew V. Gates and Police Canine Excessive Force 34 Loyola of Los Angeles Law Review 937 (January, 2001) The Fourth Amendment of the United States Constitution requires [t]he right of the people to be secure in their persons . . . against unreasonable . . . seizures. The scope and interpretation of this Amendment has been debated in volumes of legal opinions, yet it is beyond argument that the Constitution applies to all citizens and every... 2001 Yes
David A. Harris Addressing Racial Profiling in the States: a Case Study of the "New Federalism" in Constitutional Criminal Procedure 3 University of Pennsylvania Journal of Constitutional Law 367 (February, 2001) Some have described the Warren Court's far-reaching criminal procedure cases as a revolution. These decisions included everything from the application of the exclusionary rule to the states, to the insistence on a right to counsel any time a state court imprisoned a defendant, to the requirement that police give suspects the warnings contained in... 2001  
Milton Heumann , Lance Cassak Afterward: September 11th and Racial Profiling 54 Rutgers Law Review 283 (Fall, 2001) The last edition of the Rutgers Law Review published the Article, Profiles in Justice? Police Discretion, Symbolic Assailants, and Stereotyping in which the Authors discussed various aspects about the practice and current debate over racial profiling. As noted in a postscript, that Article was being prepared for publication just as the monstrous... 2001  
Wayne A. Logan An Exception Swallows a Rule: Police Authority to Search Incident to Arrest 19 Yale Law and Policy Review 381 (2001) We must remember that the extent of any privilege of search and seizure without a warrant which we sustain, the officers interpret and apply themselves and will push to the limit. . . . And we must remember that the authority which we concede to conduct searches and seizures without warrant may be exercised by the most unfit and ruthless officers... 2001 Yes
Erwin Chemerinsky An Independent Analysis of Thelos Angeles Police Department's Board of Inquiry Report on the Rampart Scandal 34 Loyola of Los Angeles Law Review 545 (January, 2001) I. Introduction: Appraising the Board of Inquiry Report. 549 II. The Board of Inquiry Report Fails to Identify the Extent of the Problem and, Indeed, Minimizes Its Scope and Nature. 553 III. The Board of Inquiry Report Fails to Recognize that the Central Problem is the Culture of the Los Angeles Police Department, Which Gave Rise to and Tolerated... 2001 Yes
Roger Roots Are Cops Constitutional? 11 Seton Hall Constitutional Law Journal 685 (Summer 2001) Police work is often lionized by jurists and scholars who claim to employ textualist and originalist methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution's ratification. The Framers contemplated law enforcement as; Search Snippet: ...JOURNAL Seton Hall Constitutional Law Journal Summer 2001 Article ARE COPS CONSTITUTIONAL? Roger Roots [FNa1] Copyright (c) 2001 Seton Hall University... 2001  
Mary Ellen Gale Calling in the Girl Scouts: Feminist Legal Theory and Police Misconduct 34 Loyola of Los Angeles Law Review 691 (January, 2001) The most surprising thing about feminist legal scholarship on police misconduct is that there is not much of it. This comparative silence is surprising because feminist legal theorists have taken it as their mission to question everything. Feminist legal scholars have investigated and critiqued a wide variety of laws and legal issues--not just the... 2001 Yes
Roy L. Sturgeon Case Comment, City of Chicago V. Morales: Street Gangs, Public Spaces, and the Limits of Police Discretion 5 Texas Hispanic Journal of Law and Policy 105 (Spring 2001) I. Introduction. 106 A. Once Upon a Time. . .. 107 B. Colorful Contestation. 107 II. How the Case Ended Up in the United States Supreme Court. 109 A. Schism in the County Circuit Court. 109 B. Unanimity in the State Appellate Court. 110 C. Unanimity in the State Supreme Court. 110 III. How to Do Specific Things with Vague Words. 111 A. Chicago... 2001 Yes
Steven D. Clymer Compelled Statements from Police Officers and Garrity Immunity 76 New York University Law Review 1309 (November, 2001) In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That; Search Snippet: ...York University Law Review November, 2001 Article COMPELLED STATEMENTS FROM POLICE OFFICERS AND GARRITY IMMUNITY Steven D. Clymer [FNa1] Copyright ©... 2001 Yes
David Thacher Conflicting Values in Community Policing 35 Law and Society Review 765 (2001) Police reformers in the early 21st century place great importance on the development of police-community partnerships, but they have not recognized the deep obstacles that these relationships face. This study argues that the central problems of working in partnership involve conflict over values: Different organizations advance different social; Search Snippet: ...Law and Society Review 2001 Article CONFLICTING VALUES IN COMMUNITY POLICING David Thacher [FNa1] Copyright © 2001 The Law and Society Association... 2001 Yes
Shawn M. Mamasis Fear of the Common Traffic Stop - "Ami Going to Jail?" the Right of Police to Arbitrarily Arrest or Issue Citations for Minor Misdemeanors in Atwater V. City of Lago Vista 27 Thurgood Marshall Law Review 85 (Fall, 2001) I. L2-3,T3Introduction 85. II. L2-3,T3Synopsis Of The Case: Facts 89. III. L2-3,T3History and Background 91. A. English Common Law Origin. 91 B. Development in the U.S: No One's in Agreement. 94 C. Modern View. 96 IV. L2-3,T3Supreme Court's Analysis 98. A. The Opinion. 98 B. Dissent. 101 V. L2-3,T3Critical Analysis: Where's Reasonable? 104. A.... 2001 Yes
Peter E. Moran Fourth Amendment--unreasonable Searches and Seizures --unprovoked Flight upon Noticing Police Officers While Present in a High-crime Area Are Relevant Factors Which Create a Reasonable Suspicion to Justify a Terry Stop and Thus Does Not Violate the Fourth 11 Seton Hall Constitutional Law Journal 859 (Summer 2001) The wicked man flees although no one pursues him; but the just man, like a lion, feels sure of himself. The shrewd man perceives evil and hides, while simpletons continue on and suffer the penalty. The freedom to travel without fear from government intrusion, whether it be on local city streets or among the states, is one of the most cherished... 2001 Yes
Felice F. Guerrieri Law & Order: Redefining the Relationship Between Prosecutors and Police 25 Southern Illinois University Law Journal 353 (Winter, 2001) In the criminal justice system, the People are represented by two separate, yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories. This description of the two main players in the criminal justice system greets American television viewers week in and week out.... 2001 Yes
David Rudovsky Law Enforcement by Stereotypes and Serendipity: Racial Profiling and Stops and Searches Without Cause 3 University of Pennsylvania Journal of Constitutional Law 296 (February, 2001) On a summer evening in 1991, four young African-Americans were driving on I-95, returning to Delaware from a church service in Philadelphia. Although the driver had committed no traffic violations, the car was stopped just south of the Philadelphia International Airport by police officers from Tinicum Township. The officers ordered the occupants... 2001  
Reenah L. Kim Legitimizing Community Consent to Local Policing: the Need for Democratically Negotiated Community Representation on Civilian Advisory Councils 36 Harvard Civil Rights-Civil Liberties Law Review 461 (Summer, 2001) The law presently grants police officers considerable discretionary authority. This power constitutes both an essential law enforcement tool and a potential means for executing unfair and discriminatory practices. Recent media and political attention directed at issues like racial profiling underscores an increasing awareness among courts,... 2001 Yes
Lewis R. Katz Mapp after Forty Years: its Impact on Race in America 52 Case Western Reserve Law Review 471 (Winter, 2001) The facts in Mapp v. Ohio were not unusual. White plain-clothes police officers, looking for a man suspected of bombing Don King's home, surrounded Dollree Mapp's house, an African-American woman known to the police, when the suspect's car was found parked outside the house. They knocked on the door, but Mapp denied them entrance without a search... 2001  
Cynthia Leonardatos , David B. Kopel , Stephen P. Halbrook Miller Versus Texas: Police Violence, Race Relations, Capital Punishment, and Gun-toting in Texas in the Nineteenth Century--and Today 9 Journal of Law & Policy 737 (2001) Does the Second Amendment's protection of the right to keep and bear arms provide protection against state gun laws or only against federal gun laws? Should courts aggressively use the Fourteenth Amendment as a tool against racially biased big-city police departments that allegedly use excessive force? Can a man who claims that he shot a police... 2001 Yes
Laurie L. Levenson Police Corruption and New Models for Reform 35 Suffolk University Law Review Rev. 1 (2001) The television images are seared in our mindsfour police officers of the Los Angeles Police Department beating Rodney King; Rafael Perez, a decorated police officer, confessing to framing defendants, committing perjury, and shooting innocent gang members; Abner Louima recounting his tale of horror after being brutalized in a New York police... 2001 Yes
Laurie L. Levenson Police Corruption and New Models for Reform 35 Suffolk University Law Review 1 (2001) The television images are seared in our mindsfour police officers of the Los Angeles Police Department beating Rodney King; Rafael Perez, a decorated police officer, confessing to framing defendants, committing perjury, and shooting innocent gang members; Abner Louima recounting his tale of horror after being brutalized in a New York police; Search Snippet: ...SUFFOLK UNIVERSITY LAW REVIEW Suffolk University Law Review 2001 Article POLICE CORRUPTION AND NEW MODELS FOR REFORM Laurie L. Levenson [FNd1... 2001 Yes
Norberto Valdez , Marcia Fitzhorn , Cheryl Matsumoto , Tracey Emslie Police in Schools: the Struggle for Student and Parental Rights 78 Denver University Law Review 1063 (2001) Having police stationed in schools has the potential for enormous unintentional consequences on upcoming generations of children. Our research has shown a possible connection between police in schools and the over-representation of minorities in the juvenile justice system. Nationally, there is growing awareness on the issue of schools using police... 2001 Yes
Markus Dirk Dubber Policing Possession: the War on Crime and the End of Criminal Law 91 Journal of Criminal Law and Criminology 829 (Summer 2001) I. Introduction. 831 II. The Police Regime of the War on Crime. 839 A. Prevention. 841 B. Communitarianism. 845 C. Authoritarianism. 849 III. Policing Possession. 855 A. Simply Possession. 856 B. Possession in the Supreme Court. 875 C. Possession Plus. 901 1. Aggravation. 902 2. Presumption. 906 D. The New Vagrancy. 908 1. Reach: Privacy! What... 2001 Yes
Milton Heumann , Lance Cassak Profiles in Justice? Police Discretion, Symbolic Assailants, and Stereotyping 53 Rutgers Law Review 911 (Summer, 2001) In this Article, the Authors draw upon evidence and literature from both the social sciences and law to look at law enforcement practices involved in profiling generally and racial profiling specifically. Profiling is examined from the point of view of two of the players in law enforcement: the police and courts. For the police, research on police... 2001 Yes
Kevin R. Johnson Race Profiling in Immigration Enforcement 28-WTR Human Rights 23 (Winter, 2001) Author's Note: This article is adapted from an article entitled The Case Against Race Profiling in Immigration Enforcement, 78 Washington University Law Quarterly (forthcoming 2001). Policymakers and the courts have finally begun a long overdue reconsideration of race profiling, the formal and informal targeting of African Americans, Latinos, and... 2001  
Fran Lisa Buntman Ph.D. Race, Reputation, and the Supreme Court: Valuing Blackness and Whiteness 56 University of Miami Law Review Rev. 1 (October, 2001) [I]f He Be A Colored Man . . . He Is Not Lawfully Entitled To The Reputation Of Being A White Man. In the United States, being black, or not being white, has long been seen as a sign of criminality, or at least criminal propensity. The notion of racial profiling, recently the subject of considerable public attention, assumes that police officers,... 2001  
Thomas L. Johnson , Cheryl Widder Heilman Racial Disparity in the Criminal Justice System 58-JUN Bench and Bar of Minnesota 29 (May/June, 2001) Racial profiling has been a hot issue in Minnesota and across the nation in recent months. While certainly deserving of this attention, racial profiling is only one aspect of a much larger issue: the disproportionate number of African Americans, Latinos, American Indians, and other minorities who are arrested, convicted, and imprisoned by our... 2001  
Gregory M. Lipper Racial Profiling 38 Harvard Journal on Legislation 551 (Summer, 2001) On April 15, 1999, Representative John Conyers (D-Mich.), the ranking Democrat on the House Judiciary Committee, introduced House Bill 1443, the Traffic Stops Statistics Study Act (the Act), a bill designed to initiate the gathering of comprehensive data about the racial distribution of police traffic stops. This bill, along with its identical... 2001  
Maria V. Morris Racial Profiling and International Human Rights Law: Illegal Discrimination in the United States 15 Emory International Law Review 207 (Spring 2001) I obtained my driver's license in 1972 and I've been stopped by police every year since then. . . . As many as five times in one year and typically once or twice a year. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms.... 2001  
Elizabeth A. Knight, William Kurnik Racial Profiling in Law Enforcement 30-SUM Brief 16 (Summer, 2001) A claim of discriminatory law enforcement practices challenges the integrity of the law enforcement agency and its officers. The accusation of biased and prejudicial conduct by a police officer is easily charged, not readily proven, and difficult to defend. Because the issue of racial profiling only recently became one of significant controversy... 2001  
Jack Kearney Racial Profiling: a Disgrace at the Intersection of Race and the Criminal Justice System 36-SPG Arkansas Lawyer 20 (Spring, 2001) Picture it. You and your wife are driving your new car home from a dinner party in a nice neighborhood. Suddenly, multiple police units appear, force you to stop your car and train search lights on you. Before an officer approaches your car, you squint to see beyond the glare of the search lights. There, you find a scene which is all too common in... 2001  
David T. McTaggart Reciprocity on the Streets: Reflections on the Fourth Amendment and the Duty to Cooperate with the Police 76 New York University Law Review 1233 (October, 2001) Illinois v. Wardlow, the Supreme Court's most recent Fourth Amendment decision involving encounters between police and pedestrians, stands for a proposition that, at first glance, appears uncontroversial and commonsensical: If a citizen indicates a desire not to cooperate with a police officer, then that officer has reasonable suspicion to... 2001 Yes
Roger L. Goldman , Steven Puro Revocation of Police Officer Certification: a Viable Remedy for Police Misconduct? 45 Saint Louis University Law Journal 541 (Spring 2001) According to Professor Jerold H. Israel, if you want to do something about the police, the answer is not the Supreme Court . . . the answer is administrative regulations [or legislative remedies]. Citing Chief Justice Warren's opinion in Terry v. Ohio, Professor Israel noted that the Court can't cure all the problems and suggested that the... 2001 Yes
Viola King Robinson V. City of Detroit: When Does Liability Attach in Police Pursuits? 18 Thomas M. Cooley Law Review 409 (Michaelmas Term 2001) The average person does not classify high-speed vehicle police pursuit as excessive force. Excessive force is usually associated with firearm discharge. People tend to dismiss the idea of high-speed chases as being lethal because there is justification for the apprehension of lawbreakers. People also associate high-speed pursuits with television; Search Snippet: ...V. CITY OF DETROIT: [FN1] WHEN DOES LIABILITY ATTACH IN POLICE PURSUITS? Viola King [FNa1] Copyright (c) 2001 Thomas M. Cooley... 2001 Yes
Peter Zablotsky, Sa'id Vakili Section 51 Actions Against Private Racial Profiling 24-SEP Los Angeles Lawyer 33 (September, 2001) Litigators can find two recent cases to show that police reports are not privileged Our nation is currently undergoing a painful examination of racial profiling by law enforcement. At the same time, racial profiling practiced by private individuals remains largely unaddressed. Too often, businesses make police reports falsely accusing minority... 2001  
Colin M. Black Shooting an Elephant --massachusetts Maintains Reasonable Suspicion: Protecting Individual Privacy During Traffic Stops and Battling Racial Profiling 6 Suffolk Journal of Trial and Appellate Advocacy 215 (2001) ...(T)o eliminate any requirement that the officer be able to explain that reasons for his actions signals an abandonment of effective judicial supervision...leaves police discretion utterly without limits. Some citizens will be subjected to this minor indignity while others--perhaps those with more expensive cars, or different bumper stickers, or... 2001  
John J. Donohue III, Steven D. Levitt, Stanford Law School, University of Chicago and AmericanBar Foundation The Impact of Race on Policing and Arrests 44 Journal of Law & Economics 367 (October, 2001) Race has long been recognized as playing a critical role in policing. In spite of this awareness, there has been little previous research that attempts to quantitatively analyze the impact of officer race on tangible outcomes. In this paper, we examine the relationship between the racial composition of a city's police force and the racial patterns... 2001 Yes
Susan Bandes Tracing the Pattern of No Pattern: Stories of Police Brutality 34 Loyola of Los Angeles Law Review 665 (January, 2001) Remember, gentlemen. The policeman is not there to create disorder. He is there to preserve disorder. There is a certain delicacy in being an outsider invited to come to a town in the throes of a scandal and to heap additional ignominy on that town for its troubles. And therefore to assure this audience at the outset that I do not intend to lecture... 2001 Yes
Karan R. Singh Treading the Thin Blue Line: Military Special-operations Trained Police Swat Teams and the Constitution 9 William & Mary Bill of Rights Journal 673 (April, 2001) The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This; Search Snippet: ...Notes TREADING THE THIN BLUE LINE: MILITARY SPECIAL-OPERATIONS TRAINED POLICE SWAT TEAMS AND THE CONSTITUTION Karan R. Singh Copyright ©... 2001 Yes
Steven P. Ragland Using the Master's Tools: Fighting Persistent Police Misconduct with Civil Rico 51 American University Law Review 139 (October, 2001) Introduction. 140 A. Rampart Misconduct. 142 B. Guerrero v. Gates Breaks New Ground. 145 I. Civil Rico. 147 A. RICO's Origin and Purpose. 148 B. The Elements: Meeting the Threshold. 149 1. Cognizable injury. 152 2. Pattern. 153 3. Enterprise. 156 4. Affecting interstate commerce. 159 II. Honing the Tool. 160 A. Not Just for Gangsters. 162 B. Good... 2001 Yes
David A. Harris When Success Breeds Attack: the Coming Backlash Against Racial Profiling Studies 6 Michigan Journal of Race and Law 237 (Spring 2001) I. The Numbers So Far: What Current Statistics onRacial Profiling Show. 243 A. New Jersey. 244 B. Maryland. 246 C. Ohio. 247 II. The Coming Backlash: Criticism of the Current Statistics. 252 A. The Data Do Not Include All Stops Police Make. 252 B. The Data Do Not Include Violator Rates. 253 C. The Data Do Not Account for Different Levels of... 2001  
ELEANOR HEARD Are New York Police Officers Safely Playing or Playing it Safe? Eliminating the Forty-eight Hour Rule 57 New York University Annual Survey of American Law 133 (2000) Shortly after midnight on February 4th, 1999, four police officers patrolled a Bronx avenue on the lookout for an elusive robber and serial rapist. While they had not been assigned to the neighborhood for long, they were aware that fulfilling their duty to serve and protect in this area would be particularly difficult. Crime was prevalent and... 2000 Yes
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