AuthorTitleCitationSummaryYearkey Terms in Title
David M. Fine The Violence Against Women Act of 1994: the Proper Federal Role in Policing Domestic Violence 84 Cornell Law Review 252 (November, 1998) Introduction. 253 I. The Constitutionality of VAWA. 259 A. The Main Provisions of VAWA. 259 B. Federal Criminal Statutes, the Commerce Clause, and Lopez. 262 1. Interstate/Intrastate Distinctions. 264 2. The Jurisdictional Nexus. 267 3. Deference to Congress Under the Rational Basis Test. 267 4. Resulting Framework for Post-Lopez Constitutional; Search Snippet: ...AGAINST WOMEN ACT OF 1994: THE PROPER FEDERAL ROLE IN POLICING DOMESTIC VIOLENCE David M. Fine [FNd1] Copyright (c) 1998 Cornell... 1998 Yes
Nkechi Taifa Codification or Castration? The Applicability of the International Convention to Eliminate All Forms of Racial Discrimination to the U.s. Criminal Justice System 40 Howard Law Journal 641 (Spring 1997) I. Introduction. 642 II. Blacks Have Historically Appealed to International Bodies for Vindication of Basic Human Rights. 643 III. An Overview of CERD, Focusing on Its Criminal Justice Provisions and U.S. Reservations, Understandings and Declarations. 648 IV. Institutionalized Racism in the Criminal Justice System Violates The Letter and Spirit of... 1997  
Christopher Slobogin Deceit, Pretext, and Trickery: Investigative Lies by the Police 76 Oregon Law Review 775 (Winter 1997) a lie is a statement meant to deceive. Many police, like many other people, lie occasionally, and some police, like some other people, lie routinely and pervasively. Police lie to protect innocent victims, as in hostage situations, and they tell placebo lies to assure or placate worried citizens. They tell lies to project nonexistent authority,; Search Snippet: ...1997 Article DECEIT, PRETEXT, AND TRICKERY: INVESTIGATIVE LIES BY THE POLICE Christopher Slobogin [FNa1] Copyright (c) 1997 University of Oregon; Christopher... 1997 Yes
Jeffrey S. Adler Dennis C. Rousey, Policing the Southern City: New Orleans, 1805–1889. Baton Rouge: Lousiana State University Press, 1996. Xiii, 226 Pp. $35.00. 41 American Journal of Legal History 490 (October, 1997) The cities of the Deep South, according to Dennis C. Rousey, were innovators in policing. Many of the reforms usually attributed to New York City's police, including the adoption of uniforms and wages, appeared first in urban centers with large slave populations. Over the course of the nineteenth century, political forces, particularly those tied; Search Snippet: ...of Legal History October, 1997 Book Review DENNIS C. ROUSEY, POLICING THE SOUTHERN CITY: NEW ORLEANS, 18051889. BATON ROUGE: LOUSIANA... 1997 Yes
Jennifer A. Larrabee Dwb (Driving While Black) and Equal Protection: the Realities of an Unconstitutional Police Practice 6 Journal of Law & Policy 291 (1997) On May 8, 1992, Robert L. Wilkins, an African-American graduate of Harvard Law School and a public defender in Washington, D.C., was traveling through western Maryland in a rented red Cadillac. Wilkins and his family were returning home from a funeral which they had attended in Chicago. Just before dawn, their car was stopped for speeding by... 1997 Yes
Robert J. Cottrol Hard Choices and Shifted Burdens: American Crime and American Justice at the End of the Century 65 George Washington Law Review 506 (March, 1997) The nineties have proven to be particularly unkind to once prevailing liberal norms in criminal justice. The Warren Court's broad readings of the procedural provisions of the Bill of Rights, particularly the Fourth, Fifth, and Sixth Amendments, weakened--although not fatally so--by the Burger Court, have been reexamined by the Rehnquist Court in a... 1997  
Michael Musheno Interrogating Richard Leo's Claims about Police Scholarship 31 Law and Society Review 389 (1997) In a recent issue of Law & Society Review, Richard Leo (1996) takes full advantage of the intellectual freedom given to review essayists in Police Scholarship for the Future: Resisting the Pull of the Policy Audience. He claims that most of police scholarship of the 1990s is impoverished theoretically and often not worth reading (p. 865) and; Search Snippet: ...Review 1997 Review Essay Note INTERROGATING RICHARD LEO'S CLAIMS ABOUT POLICE SCHOLARSHIP Michael Musheno [FNa1] Copyright (c) 1997 by The Law... 1997 Yes
Scot Wortley, John Hagan, Ross Macmillan Just Des(s)erts? The Racial Polarization of Perceptions of Criminal Injustice 31 Law and Society Review 637 (1997) Sociologists have long been interested in how reactions to deviance influence social order and consensus. However, classic statements on this subject present contrasting hypotheses. This article extends previous work by examining how the extensive media coverage of an interracial homicide influences public attitudes toward the criminal justice... 1997  
Barbara Fedders Lobbying for Mandatory-arrest Policies: Race, Class, and the Politics of the Battered Women's Movement 23 New York University Review of Law and Social Change 281 (1997) During my three years as a volunteer with a community-based organization for battered women, we tried, through education and grass-roots organizing, to convince police departments to implement policies that would lead to more arrests of men who perpetrate domestic violence. We believed that the problem of violence between intimate partners... 1997  
Surell Brady Municipal Liability for Police Misconduct: Experiences in the Eighth Circuit 23 William Mitchell Law Review 81 (1997) I. Introduction. 81 II. Congressional Intent to Provide A Federal Remedy for Local Governments' Failure to Safeguard Individual Civil Rights. 84 III. The Supreme Court's Reluctance to Hold Municipalities Liable under Section 1983. 85 A. Monroe v. Pape. 85 B. Monell v. Department of Social Services. 86 C. The Fallacy of Monroe and Monell's... 1997 Yes
Debra Livingston Police Discretion and the Quality of Life in Public Places: Courts, Communities, and the New Policing 97 Columbia Law Review 551 (April, 1997) The advent of community and problem-oriented policing--the so-called quality-of-life policing philosophies--raises complex questions concerning police discretion in addressing minor street misconduct and judicial response to that discretion. In this Article, Debra Livingston addresses these questions by reassessing the ways in which courts have... 1997 Yes
Wayne C. Beyer Police Misconduct: Defense Not Reaching the Merits under 42 U.s.c. § 1983 29 Urban Lawyer 475 (Summer, 1997) Assistant Corporation Counsel, District of Columbia; J.D., Georgetown University Law Center, 1977; M.A.T., Harvard University, 1970; A.B., Dartmouth College, 1967. This article is devoted to defenses that are procedural rather than substantive in nature, since they do not reach the merits of the plaintiff's 42 U.S.C. § 1983 suit. These are... 1997 Yes
Jeannine Bell Policing Hatred: Police Bias Units and the Construction of Hate Crime 2 Michigan Journal of Race and Law 421 (Spring 1997) Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a... 1997 Yes
Maria L. Marcus Policing Speech on the Airwaves: Granting Rights, Preventing Wrongs 15 Yale Law and Policy Review 447 (1997) When a speaker expresses general revolutionary rhetoric or denigrates various domestic enemies, the speech is protected as a necessary byproduct of a vibrant democracy. Such expression has historically come from both left- and right-wing perspectives. Suppose, however, that a media personality on radio or television repeatedly informs the... 1997 Yes
By Sean Hecker Race and Pretextual Traffic Stops: an Expanded Role for Civilian Review Board 28 Columbia Human Rights Law Review 551 (Spring 1997) From the New Jersey Turnpike to the I-95 corridor between Delaware and Florida, empirical studies strongly suggest that police single out minority, particularly African-American, motorists for traffic stops. These studies have not unearthed a new phenomenon, but they instead support the long-standing belief in minority communities that persons of... 1997  
Angela J. Davis Race, Cops, and Traffic Stops 51 University of Miami Law Review 425 (January, 1997) I. The Discriminatory Nature of Pretextual Traffic Stops. 427 II. Whren v. United States. 432 A. The Arrested Motorist. 435 B. The Motorist Who is Not Arrested. 438 IV. Conclusion. 442; Search Snippet: ...LAW REVIEW University of Miami Law Review January, 1997 Essay RACE, COPS, AND TRAFFIC STOPS Angela J. Davis [FNa] Copyright (c) 1997... 1997  
Julian V. Roberts, Anthony N. Doob Race, Ethnicity, and Criminal Justice in Canada 21 Crime and Justice 469 (1997) The relationship between crime and race or ethnicity has important implications for Canada. The constitution affirms the country's multicultural heritage. As in other Western nations, certain minorities are overrepresented in the prison population. Aboriginal and black offenders account for a disproportionate number of admissions. There has not... 1997  
Reuben M. Greenberg Race, the Criminal Justice System, and Community-oriented Policing 20 Harvard Journal of Law & Public Policy 397 (Winter, 1997) The impact of race on the distribution of punishment in the criminal justice system has been the source of intense debate in contemporary legal scholarship. The very nature of the question whether blacks are treated fairly by the criminal justice system suggests that somehow blacks may be shortchanged or cheated by the imposition of the death; Search Snippet: ...for All? Racial Minorities, Crime Victims, and the Local Community RACE, THE CRIMINAL JUSTICE SYSTEM, AND COMMUNITY-ORIENTED POLICING Reuben M. Greenberg [FNa1] Copyright (c) 1997 Harvard Society for... 1997 Yes
Robert J. Sampson, Janet L. Lauritsen Racial and Ethnic Disparities in Crime and Criminal Justice in the United States 21 Crime and Justice 311 (1997) Although racial discrimination emerges some of the time at some stages of criminal justice processing--such as juvenile justice--there is little evidence that racial disparities result from systematic, overt bias. Discrimination appears to be indirect, stemming from the amplification of initial disadvantages over time, along with the social... 1997  
Charles Smith Racism and Community Planning: Building Equity or Waiting for Explosions 8 Stanford Law and Policy Review 61 (Summer, 1997) Regional and local strategies for achieving racial integration have not received much attention in academic research, institutional policy debate, or community discourse. The ambiguity of and relative unease with the term integration, particularly in the context of race relations, as well as the impact of racism itself on academics, policymakers,... 1997  
Rob Yale Searching for the Consequences of Police Brutality 70 Southern California Law Review 1841 (September, 1997) I. INTRODUCTION. 1841 II. THE GRAVITY OF POLICE USE OF EXCESSIVE FORCE. 1843 A. Police/Community Relations Suffer. 1843 B. Financial Burden. 1844 C. Brutality and Other Police Misconduct. 1845 III. WHO CAN IMPOSE CONSEQUENCES FOR BRUTALITY?. 1846 A. Courts. 1846 B. Civilian Review Boards. 1851 C. Law Enforcement Organizations. 1852 IV. CURRENT... 1997 Yes
Omar Saleem The Age of Unreason: the Impact of Reasonableness, Increased Police Force, and Colorblindness on Terry "Stop and Frisk" 50 Oklahoma Law Review 451 (Winter, 1997) Current general public-police encounters are reminiscent of a dialogue in J.R.R. Tolkien's classic fantasy novel The Hobbit, in which a hobbit named Bilbo Baggins, who lived under the ground, was visited by the wizard Gandalf. It was a sunny and pleasantly peaceful day with plush green grass when Bilbo said, Good Morning to the wizard Gandalf,... 1997 Yes
Kathryn R. Urbonya The Fishing Gets Easier 83-JAN ABA Journal 46 (January, 1997) As many a criminal defendant is quick to argue, traffic stops can amount to fishing expeditions for police officers in search of drugs and other contraband. Fishing expeditions, as any angler knows, do not always produce a catch. In the case of traffic stops, however, legal difficulties arise when police do find something in the course of searching... 1997  
Mark M. Dobson The Police, Pretextual Investigatory Activity, and the Fourth Amendment: What Hath Whren Wrought? 9 Saint Thomas Law Review 707 (Spring 1997) The Fourth Amendment is designed to protect an individual's reasonable expectation of privacy against unjustified governmental intrusion. The Amendment primarily does this by forbidding the government from engaging in unreasonable searches and seizures. Although there are some exceptions, one effect of this prohibition is to require that there; Search Snippet: ...Saint Thomas Law Review Spring 1997 Criminal Law Symposium THE POLICE, PRETEXTUAL INVESTIGATORY ACTIVITY, AND THE FOURTH AMENDMENT: WHAT HATH WHREN... 1997 Yes
Gay J. McDougall Toward a Meaningful International Regime: the Domestic Relevance of International Efforts to Eliminate All Forms of Racial Discrimination 40 Howard Law Journal 571 (Spring 1997) Racism has always been America's Achilles heel in international relations. African-Americans have a long history of appeals to the international community--and its judicial bodies--for redress of racist practices in the U.S. However, from the days of the slave trade to more modern instances of police brutality, including the assault against Rodney... 1997  
Angela J. Davis Benign Neglect of Racism in the Criminal Justice System 94 Michigan Law Review 1660 (May, 1996) In October 1995, two black male teenagers were shopping in a clothing store in Prince George's County, Maryland. A white security guard, who was also an off-duty police officer, approached one of the teens and questioned him about the shirt that he was wearing. The youth explained that he had bought the shirt in that same store the previous week.... 1996  
Catherine Therese Clarke From Criminet to Cyber-perp: Toward an Inclusive Approach to Policing the Evolving Criminal Mens Rea on the Internet 75 Oregon Law Review 191 (Spring 1996) THE Internet is a culture of unusual vitality. Until now, law enforcement officials have not criminally prosecuted misconduct on the Internet in a coordinated manner. However, with the recent passage of the controversial Communications Decency Act authorizing imprisonment for transmitting indecency on the Internet, as well as the growing commercial... 1996 Yes
Cheryl Shaw Gates V. Superior Court--the Reginald Denny Case and Violation of Civil Rights by Misallocation of Police Resources: Does a Cause of Action for Damages Flow from the California Constitution's Equal Protection Clause? 18 Whittier Law Review 175 (1996) On April 29, 1992, Los Angeles exploded in riots which later became known as the nation's worst urban violence. The riots erupted after four white Los Angeles Police Department (the Department) officers were acquitted on criminal charges of excessive force arising from the videotaped beating of black motorist Rodney King. One now-famous victim of... 1996 Yes
Adina Schwartz Just Take Away Their Guns: the Hidden Racism of Terry V. Ohio 23 Fordham Urban Law Journal 317 (Winter 1996) Noted social scientist James Q. Wilson recently argued that the best way to deal with illegal gun-carrying in the United States is to increase police use of stops and frisks, i.e. detaining individuals forcibly and patting down the outer surfaces of their clothing for weapons. Wilson conceded that if his proposal were instituted, [i]nnocent people... 1996  
Elizabeth A. Boyd, Richard A. Berk, Karl M. Hamner Motivated by Hatred or Prejudice: Categorization of Hate-motivated Crimes in Two Police Divisions 30 Law and Society Review 819 (1996) Recent legislative responses to a perceived increase in hate crimes have resulted in efforts to quantify the rates of occurrence of such crimes. However, there remains little understanding of the processes by which statutory requirements are implemented at the level of front-line personnel like the police. This article examines the situated... 1996 Yes
David S. Cohen Official Oppression: a Historical Analysis of Low-level Police Abuse and a Modern Attempt at Reform 28 Columbia Human Rights Law Review 165 (Fall 1996) If people complained about us every time we kicked somebody's ass, I'd be in big trouble. I can't think of a single day when I didn't put my hands on somebody. --Anonymous Police Officer (R)esidents in this neighborhood tended to regard police officers as corrupt, abusive and violent. After the attendant publicity surrounding (these problems), had... 1996 Yes
Paul G. Cassell , Bret S. Hayman Police Interrogation in the 1990s: an Empirical Study of the Effects of Miranda 43 UCLA Law Review 839 (February, 1996) Introduction. 840 I. Previous Empirical Research on Police Questioning. 843 II. Sources of Data and Methodology. 850 III. The Interrogation Process and its Outcomes. 854 A. The Frequency of Questioning, Waivers, and Confessions. 854 1. Questioning and Nonquestioning. 854 2. Invocations of Miranda Rights. 858 3. Confessions, Incriminating; Search Snippet: ...LAW REVIEW UCLA Law Review February, 1996 Dialogue on Miranda POLICE INTERROGATION IN THE 1990S: AN EMPIRICAL STUDY OF THE EFFECTS... 1996 Yes
Richard A. Leo Police Scholarship for the Future: Resisting the Pull of the Policy Audience 30 Law and Society Review 865 (1996) David Bayley, Police for the Future. New York: Oxford University Press, 1994. Pp vii +187. $27.00. Paul Chevigny, Edge of the Knife: Police Violence in the Americas. New York: New Press, 1995. Pp ix + 319. $23.00. The academic literature on policing is in a paradoxical state. On the one hand, there has never been more of it. Sociologists,... 1996 Yes
Donald A. Dripps Police, plus Perjury, Equals Polygraphy 86 Journal of Criminal Law and Criminology 693 (Spring, 1996) Criminal procedure scholars devote themselves to debating the proper scope of the Constitution's limits on police methods. The application of constitutional rules, however, depends entirely on how facts are found on motions to suppress or at trials of civil rights actions. Police perjury, if accepted, can defeat any constitutional rule. Thus, the... 1996 Yes
Paul Knepper, Ph.D. Race, Racism and Crime Statistics 24 Southern University Law Review 71 (Fall, 1996) Canada's public debate about the collection of race-coded crime statistics has entered its seventh year. In 1992, the Justice Information Council issued a moratorium on the release of national race-crime statistics. The announcement followed the furor that erupted two years earlier when the Canadian Centre for Justice Statistics announced that it... 1996  
Linda S. Gottfredson , University of Delaware Racially Gerrymandering the Content of Police Test to Satisfy the U.s. Justice Department: a Case Study 2 Psychology, Public Policy, And Law 418 (September/December, 1996) Discrimination law and its aggressive enforcement by the U.S. Department of Justice both falsely assume that all racial-ethnic groups would pass job-related, unbiased employment tests at the same rate. Unreasonable law and enforcement create pressure for personnel psychologists to violate professional principles and lower the merit relatedness of... 1996 Yes
Andrew D. Leipold The Dangers of Race-based Jury Nullification: a Response to Professor Butler 44 UCLA Law Review 109 (October, 1996) Introduction. 109 I. A Building with No Foundation. 112 A. Misreading the Evidence. 112 B. Misreading History. 120 II. The Wrong Incentives. 128 A. Jurors, Defendants, and Communities. 128 B. Police, Prosecutors, and Legislatures. 132 III. The Wrong Messages. 135 Conclusion. 140 1996  
David H. Bayley, Clifford D. Shearing The Future of Policing 30 Law and Society Review 585 (1996) This essay examines the restructuring of policing currently taking place in developed democratic societies. It argues that restructuring is occurring under private as well as government auspices and will have profound effects on public safety, equity, human rights, and accountability. These effects are discussed, along with the trade-offs they... 1996 Yes
Katheryn K. Russell The Racial Hoax as Crime: the Law as Affirmation 71 Indiana Law Journal 593 (Summer, 1996) INTRODUCTION. 594 I. THE PHENOMENON OF THE RACIAL HOAX. 596 A. Cases in Point. 596 B. The Sociology of the Racial Hoax. 599 II. RACISM AS CRIME. 601 A. Views of Commentators. 601 B. The Paradigm and the Racial Hoax. 604 III. THE LAW AS AFFIRMATION AND ITS RELATIONSHIP TO CRIMINAL OFFENDING. 605 A. Affirmative Race Law. 605 B. Absence of Affirmative... 1996  
Paul Finkelman The Rise of the New Racism 15 Yale Law and Policy Review 245 (1996) On December 7, 1995 two white soldiers from Fort Bragg went into nearby Fayetteville, North Carolina with semi-automatic weapons, hunting for blacks. The two soldiers succeeded in their intended goal. They shot Michael James, age 36, and Jackie Burden, age 27, in the head at close range, killing them. In the soldiers' rooms the police found a... 1996  
Patricia Leary , Stephanie Rae Williams Toward a State Constitutional Check on Police Discretion to Patrol the Fourth Amendment's Outer Frontier: a Subjective Test for Pretextual Seizures 69 Temple Law Review 1007 (Fall 1996) In December 1995, Chief Judge Seymour of the Tenth Circuit noted that law enforcement officers, through pretextual motives, have an increasing propensity for patrolling the [F]ourth [A]mendment's outer frontier, and have frequently patrolled far outside the outer boundaries of the Fourth Amendment. The federal courts' interpretation of the... 1996 Yes
By Alexa P. Freeman Unscheduled Departures: the Circumvention of Just Sentencing for Police Brutality 47 Hastings Law Journal 677 (March, 1996) I. Why Police Brutality is a Problem. 684 A. Definitions. 684 B. Incidence. 688 C. Causes. 690 (1) Police Brutality is a Societal Problem. 690 (2) Racism. 693 (3) Above the Law. 698 D. The Harms of Police Brutality. 701 (1) Rule of Law is Violated. 701 (a) Police brutality exceeds positive law. 701 (b) Police brutality perverts the law. 702 (c)... 1996 Yes
Jason Lazarus Vision Impossible? Imaging Devices-the New Police Technology and the Fourth Amendment 48 Florida Law Review 299 (April, 1996) I. Introduction. 299 II. Katz, Dogs, and the Fourth Amendment. 304 A. When Is Police Action a Search?. 304 B. When Is Police Action Not a Search?. 307 C. Is Police Use of an Imaging Device a Search?. 309 III. Imaging Devices and Stop and Frisks. 312 A. The Seminal Case: Terry v. Ohio. 312 B. Is Police Use of Imaging Devices a Frisk?. 313 IV; Search Snippet: ...Review April, 1996 Note VISION IMPOSSIBLE? IMAGING DEVICESTHE NEW POLICE TECHNOLOGY AND THE FOURTH AMENDMENT Jason Lazarus [FNa1] Copyright ©... 1996 Yes
Randall Kennedy A Response to Professor Cole's "Paradox of Race and Crime" 83 Georgetown Law Journal 2573 (September, 1995) I appreciate the spirit in which Professor David Cole criticizes my comment, The State, Criminal Law, and Racial Discrimination and would like to thank The Georgetown Law Journal for publishing it and my rebuttal. His remarks have prompted me to modify certain aspects of my argument. They have not, however, persuaded me with respect to the main... 1995  
Kathryn R. Urbonya Dangerous Misperceptions: Protecting Police Officers, Society, and the Fourth Amendment Right to Personal Security 22 Hastings Constitutional Law Quarterly 623 (Spring 1995) I. Introduction. 625 II. The Use of Physical Force to Seize Suspects: Aggressive Actions. 630 III. Frisking Suspects for Weapons: Preventive Actions. 635 A. Danger as the Justification for a Terry Frisk. 635 B. The Progeny of Terry. 639 IV. Limiting Danger: Inherent Danger During Emergencies and Arrests. 644 A. Emergencies: Community Caretaking... 1995 Yes
Marcy Rasmussen Podkopacz , Barry C. Feld Judicial Waiver Policy and Practice: Persistence, Seriousness and Race 14 Law & Inequality: A Journal of Theory and Practice 73 (December, 1995) L1-3Table of Contents Introduction. 74 I. Juvenile Courts, Judicial Waiver, and Individualized Sentencing Decisions. 81 A. Judicial Waiver. 81 B. The Evolution of Judicial Waiver in Minnesota: The Law on the Books' and the Law in Action'. 90 1. Prima Facie Case or Rebuttable Presumption for Certification. 92 2. 1994 Legislative Changes in... 1995  
Marco Caffuzzi Private Police and Personal Privacy: Who's Guarding the Guards? 40 New York Law School Law Review 225 (1995) Popular perceptions are that the rate of crime in America has increased over the past several years. As a result, crime has become a popular issue in contemporary politics. As a further result, communities have enacted innovative programs in order to ensure the safety of their residents. One method that both urban and suburban communities alike; Search Snippet: ...REVIEW New York Law School Law Review 1995 Note PRIVATE POLICE AND PERSONAL PRIVACY: WHO'S GUARDING THE GUARDS? Marco Caffuzzi Copyright... 1995 Yes
By Lucy A. Williams Race, Rat Bites and Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate 22 Fordham Urban Law Journal 1159 (Summer 1995) A Boston mother was yesterday charged with abusing her four-year old son by plunging his hands into boiling water and then locking him in his room for weeks without treatment. Police found Ernesto Ventura at the weekend lying on a mattress soaked with his own blood and urine, his hands virtually burned to the bone by scalding water. . . . Clarabel... 1995  
David Cole The Paradox of Race and Crime: a Comment on Randall Kennedy's "Politics of Distinction" 83 Georgetown Law Journal 2547 (September, 1995) Practicing what he calls the politics of distinction, Professor Randall Kennedy argues that critics who claim the criminal justice system is racially discriminatory because it has incarcerated a disproportionate number of African-Americans are misguided. While liberal criticism of the criminal justice system has traditionally focused on the... 1995  
Scott Campbell United States V. Ferguson: the Sixth Circuit Adds a Third Test for Pretextual Police Conduct 56 Ohio State Law Journal 277 (1995) For more than two centuries, the Fourth Amendment has stood as a critical bulwark against the ability of the state to interfere in the lives and the property rights of ordinary citizens. At its most basic level, it protects the people from searches or seizures that are born out of hunch, harassment, hatred, and other improper bases. Instead, before... 1995 Yes
42 43 44 45 46 47 48 49 50 51 52