AuthorTitleCitationSummaryYearkey Terms in Title
Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams GLOBAL IMPUNITY: HOW POLICE LAWS & POLICIES IN THE WORLD'S WEALTHIEST COUNTRIES FAIL INTERNATIONAL HUMAN RIGHTS STANDARDS 49 Georgia Journal of International and Comparative Law 243 (Spring, 2021) C1-2Table of Contents I. Introduction. 245 II. Background. 248 III. International Human Rights Framework and Methodology. 251 A. The Principles. 253 B. Grading Scale. 256 IV. Analysis of Use of Force Laws and Policies. 259 A. Applying the Human Rights Framework. 259 i. Legality. 261 ii. Necessity. 263 a. Immediacy. 264... 2021 Yes
Jennifer M. Smith , Elliot O. Jackson HISTORICALLY BLACK COLLEGES & UNIVERSITIES: A MODEL FOR AMERICAN EDUCATION 14 Florida A & M University Law Review 103 (Winter, 2021) The whole world opened to me when I learned to read. ~ Mary McLeod Bethune Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery... 2021  
Michael D. White , Henry F. Fradella , Michaela Flippin HOW CAN WE ACHIEVE ACCOUNTABILITY IN POLICING? THE (NOT-SO-SECRET) INGREDIENTS TO EFFECTIVE POLICE REFORM 25 Lewis & Clark Law Review 405 (2021) The summer of 2020 was marked by a series of high-profile police killings of citizens, highlighting excessive force as the most pernicious form of racial injustice in American policing. The persistence of the excessive use of force problem over decades raises serious questions regarding what we know about police accountability, and has led some to... 2021 Yes
Dorothy Roberts HOW I BECAME A FAMILY POLICING ABOLITIONIST 11 Columbia Journal of Race and Law 455 (July, 2021) My book Shattered Bonds: The Color of Child Welfare, published in 2001, documented the racial realities of family policing in America. At the time, more than a half million children had been taken from their parents by child protection services (CPS) and were in foster care. Black families were the most likely of any group to be torn apart. Black... 2021 Yes
Jim Hilbert IMPROVING POLICE OFFICER ACCOUNTABILITY IN MINNESOTA: THREE PROPOSED LEGISLATIVE REFORMS 47 Mitchell Hamline Law Review 222 (February, 2021) I. Introduction. 223 II. Minnesota's Past and Present: Racism and Police Abuse Followed by Studies and Inaction. 233 A. Minnesota History. 233 1. The Largest Mass Execution in the Country. 233 2. The Northernmost Lynching on Record. 235 B. Decades of Studies and Reports with the Same Conclusions (and the Same Inaction). 236 C. Past Signs of... 2021 Yes
Kate Levine INTRODUCTION 42 Cardozo Law Review 1165 (July, 2021) Cardozo Law Review has, for the first time, collected all of the articles about the criminal legal system in Volume 42 into one issue. I am thrilled to have the opportunity to frame this issue with some thoughts on criminal legal scholarship. In the summer of 2020, the United States saw the largest and most sustained protests against police... 2021  
Jessica L. Roberts INTRODUCTION 58 Houston Law Review 807 (Symposium, 2021) On October 9, 2020, Dean Angela Onwuachi-Willig delivered the twenty-fifth annual Frankel Lecture, From Lynching as Status Quo to the New Status Quo. It was the first Frankel Lecture to address the issue of racial violence in policing, a topic that was long overdue. It was also the first event in the series's illustrious history to take place... 2021  
Monica C. Bell , Katherine Beckett , Forrest Stuart INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT 11 UC Irvine Law Review 1291 (August, 2021) What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... 2021  
Aaron Littman JAILS, SHERIFFS, AND CARCERAL POLICYMAKING 74 Vanderbilt Law Review 861 (May, 2021) The machinery of mass incarceration in America is huge, intricate, and destructive. To understand it and to tame it, scholars and activists look for its levers of power--where are they, who holds them, and what motivates them? This much we know: legislators criminalize, police arrest, prosecutors charge, judges sentence, prison officials confine,... 2021  
  JUSTICE CANNOT BE 'QUALIFIED' 57-DEC Trial 46 (December, 2021) After the tragic killings of Eric Garner, Michael Brown, Breonna Taylor, George Floyd, and countless other Black Americans by police, a long overdue spotlight has been cast on police misconduct and the endemic mistreatment of minority groups. Inextricably tied to this conversation is qualified immunity, a doctrine that shields government officials... 2021  
Julia E. Paranyuk LESSONS FROM THE MILITARY ON REFORMING POLICE DISCIPLINE 96 New York University Law Review 1675 (November, 2021) In recent years, there has been significant public debate concerning policing in the United States. Current events and recurring instances of police brutality have drawn attention to police misconduct and reinvigorated calls for systemic reforms to policing and police discipline. While there is a growing consensus in the United States among... 2021 Yes
Dr. Ihsan Alkhatib MAKING THE OPTIMISTIC CASE FOR POLICING REFORM: POLICE AS PARTNERS AND REFORM AS TRUE TO DEMOCRATIC VALUES AND AMERICA'S VISION OF ITSELF 49 Georgia Journal of International and Comparative Law 323 (Spring, 2021) C1-2Table of Contents I. Introduction. 325 II. On Police and Policing. 325 III. Police Use of Deadly Force on Unarmed Civilians: Cases that Fit a Narrative. 327 IV. Choice of Countries to Examine: The Case of India. 329 V. Policing in Authoritarian Regimes: It's not Only Police. 330 VI. Score for Compliance and Police Killings. 331 VII. Race and... 2021 Yes
Jordan Blair Woods METANARRATIVES OF TRAFFIC POLICING 53 Connecticut Law Review 645 (September, 2021) This Essay, written for the Commentary Issue on police and prison abolition, draws on principles of postmodern feminist and queer theory to evaluate the dominance of a police-reliant, one-size-fits-all model of traffic enforcement in the United States. Traffic stops are currently the most common interaction between police and civilians in the... 2021 Yes
James S. Liebman , Kayla C. Butler , Ian Buksunski MINE THE GAP: USING RACIAL DISPARITIES TO EXPOSE AND ERADICATE RACISM 30 Southern California Review of Law & Social Justice 1 (Winter, 2021) For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial... 2021  
Erika K. Wilson MONOPOLIZING WHITENESS 134 Harvard Law Review 2382 (May, 2021) C1-2CONTENTS Introduction. 2384 I. White-Student Segregation and Social Closure. 2388 A. Defining Social Closure. 2390 B. Social Closure and Racial Segregation in Public Schools: Monopolies. 2392 1. Scarcity. 2393 2. Exclusion. 2396 3. Monopolization. 2400 C. The Normative Case for Regulating White-Student Segregation. 2404 1. Harms to Democracy.... 2021  
Tifanei Ressl-Moyer, Pilar Gonzalez Morales, Jaqueline Aranda Osorno MOVEMENT LAWYERING DURING A CRISIS: HOW THE LEGAL SYSTEM EXPLOITS THE LABOR OF ACTIVISTS AND UNDERMINES MOVEMENTS 24 CUNY Law Review 91 (Winter, 2021) INTRODUCTION. 92 I. Harmful Legal Practices During Social Justice Movements and in Times of Crisis. 95 A. Undervaluing Clients and the Communities from Which the Client Comes. 98 1. When lawyers fail to see clients as equal partners with relevant information to contribute. 99 2. When lawyers fail to anticipate how client work will impact the... 2021  
Alexander Reinert, Joanna C. Schwartz, James E. Pfander NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT 116 Northwestern University Law Review 737 (2021) Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines... 2021  
Sarah Houston NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND 47 Mitchell Hamline Law Review 197 (February, 2021) I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... 2021  
Cynthia Lee OFFICER-CREATED JEOPARDY: BROADENING THE TIME FRAME FOR ASSESSING A POLICE OFFICER'S USE OF DEADLY FORCE 89 George Washington Law Review 1362 (December, 2021) When a police officer's use of deadly force kills or seriously injures a civilian, that officer may face civil liability or criminal prosecution. In both civil and criminal cases, a critical question that the jury must decide is whether the officer's use of force was reasonable or excessive. As a general matter, the jury will be advised that it... 2021 Yes
Christian Sundquist PANDEMIC POLICING 37 Georgia State University Law Review 1339 (Summer, 2021) C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 2021 Yes
Adam D. Fine , Jamie Amemiya , Paul Frick , Laurence Steinberg , Elizabeth Cauffman PERCEPTIONS OF POLICE LEGITIMACY AND BIAS FROM AGES 13 TO 22 AMONG BLACK, LATINO, AND WHITE JUSTICE-INVOLVED MALES 45 Law and Human Behavior 243 (June, 2021) Objective: Although researchers, policymakers, and practitioners recognize the importance of the public's perceptions of police, few studies have examined developmental trends in adolescents and young adults' views of police. Hypotheses: Hypothesis 1: Perceptions of police legitimacy would exhibit a U-shaped curve, declining in adolescence before... 2021 Yes
Jordan Blair Woods POLICE ESCALATION AND THE MOTOR VEHICLE 24 New Criminal Law Review 115 (Spring, 2021) This article, prepared for the special issue on investigations, presents an original empirical analysis of the role of the motor vehicle in shaping how officers describe experiencing violence and perceiving danger during vehicle stops. Tens of millions of traffic stops occur every year, making vehicle stops the most common interaction that... 2021 Yes
Kate Levine POLICE PROSECUTIONS AND PUNITIVE INSTINCTS 98 Washington University Law Review 997 (2021) This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time,... 2021 Yes
Jocelyn Simonson POLICE REFORM THROUGH A POWER LENS 130 Yale Law Journal 778 (February, 2021) Scholars and reformers have in recent years begun to imagine new and different configurations for how the state can design policing institutions. These conversations have increased in volume and urgency in response to the 2020 national uprising against police violence, when radical demands born within social movements have gained... 2021 Yes
Aya Gruber POLICING AND "BLUELINING" 58 Houston Law Review 867 (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021 Yes
Stephen F. Rohde PRESUMED GUILTY: HOW THE SUPREME COURT EMPOWERED THE POLICE AND SUBVERTED CIVIL RIGHTS BY ERWIN CHEMERINSKY, LIVERIGHT, $27.95, 320 PAGES 44-NOV Los Angeles Lawyer 48 (November, 2021) On May 23, 1957, Dollree Mapp, a 34-year old African American woman living in Cleveland, had no idea she would become the center of one of the most important U.S. Supreme Court cases in American history. That day three armed police officers arrived at her house based on a tip that Virgil Ogletree was hiding there. He was a rival of gambling... 2021 Yes
Jelani Jefferson Exum PRESUMED PUNISHABLE: SENTENCING ON THE STREETS AND THE NEED TO PROTECT BLACK LIVES THROUGH A REINVIGORATION OF THE PRESUMPTION OF INNOCENCE 64 Howard Law Journal 301 (Winter, 2021) Introduction. 302 L1-2 I. Presumed Punishable A. The Development of Race-Based Policing and the Presumption of the Need to Control Black People Through Force. 305 B. The Current Consequences of Being Presumed Punishable. 309 C. Police as the Tool of the Presumption. 311 D. The Trauma of Being Presumed Punishable. 315 II. The Presumption of... 2021  
Russel K. Osgood PREVENTION AND REMEDIATION OF POLICE EXCESSIVE FORCE AND SIMILAR COMPLAINTS 66 Washington University Journal of Law & Policy 107 (2021) This Article, like many, started with a narrow focus. Because I believe that the substantive criminal law is an ineffective, frequently inapposite and blunt instrument, it strikes me that any proposal to reduce or eliminate excessive police force, and related complaints by some alteration(s) of substantive or procedural aspects of the criminal law,... 2021 Yes
Karen Engle , Lucas Lixinski QUILOMBO LAND RIGHTS, BRAZILIAN CONSTITUTIONALISM, AND RACIAL CAPITALISM 54 Vanderbilt Journal of Transnational Law 831 (October, 2021) The 1988 Brazilian Constitution, the first in a wave of new democratic and multicultural constitutions in Latin America, contains a transitory provision guaranteeing collective land rights to quilombo communities. These communities are composed of quilombolas, primarily descendants of formerly enslaved Africans, many of whom had escaped slavery. A... 2021  
The Honorable Solomon Oliver Jr. RACE AND POLICING: SOME THOUGHTS AND SUGGESTIONS FOR REFORM 89 Fordham Law Review 2597 (May, 2021) Daniel Capra: We are really honored here today at Fordham Law School's Center for Judicial Events and Clerkships to have as our guest speaker Judge Solomon Oliver of the Northern District of Ohio. I'm going to give a bio; I'm trying not to take up all the time allotted for the talk, because he's accomplished so much that I could probably do so.... 2021 Yes
Ric Simmons RACE AND REASONABLE SUSPICION 73 Florida Law Review 413 (March, 2021) The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... 2021  
Yuvraj Joshi RACIAL TRANSITION 98 Washington University Law Review 1181 (2021) The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... 2021  
Jasmine E. Harris RECKONING WITH RACE AND DISABILITY 130 Yale Law Journal Forum 916 (June 30, 2021) Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient sociopolitical issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely... 2021  
Katherine Mims Crocker RECONSIDERING SECTION 1983'S NONABROGATION OF SOVEREIGN IMMUNITY 73 Florida Law Review 523 (May, 2021) Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any person who violates federal rights. The U.S. Supreme Court has long held that person excludes states... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 39 Minnesota Journal of Law & Inequality 511 (2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 47 Mitchell Hamline Law Review 138 (November, 2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
Christina Payne-Tsoupros REMOVING POLICE FROM SCHOOLS USING STATE LAW HEIGHTENED SCRUTINY 17 Northwestern Journal of Law & Social Policy 1 (Fall, 2021) This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal... 2021 Yes
Jamelia N. Morgan RETHINKING DISORDERLY CONDUCT 109 California Law Review 1637 (October, 2021) Disorderly conduct laws are a combination of common law offenses aimed at protecting the public order, peace, and tranquility. Yet, contrary to common legal conceptions, the criminalization of disorderly conduct is not just about policing behavior that threatens to disrupt public order or even the public's peace and tranquility. Policing disorderly... 2021  
Anna Lvovsky RETHINKING POLICE EXPERTISE 131 Yale Law Journal 475 (November, 2021) This Article examines a counterintuitive phenomenon: cases where claims of police expertise do not bolster but undercut police authority in court. Assertions of unique insight, training, and experience have long provided officers with a reliable claim to deference, deflecting a range of challenges to police misconduct. Yet in a variety of disputes,... 2021 Yes
Jeanelly Nuñez SCANNING FOR BIAS: A NEUROSCIENTIFIC RESPONSE TO POLICING WITH IMPLICIT BIAS 27 Cardozo Journal of Equal Rights & Social Justice 295 (Spring, 2021) C1-2Table of Contents I. Introduction. 296 II. Numbers Do Not Lie--Statistical Data on Racial Disparities. 298 A. Am I Next? Likelihood that Victims to Fatal Police Violence are Men of Color. 298 B. Examining Drug Arrest Numbers for Minorities Compared to White People. 299 C. Driving While Black and Terry v. Ohio. 300 D. Minorites Make Up the... 2021 Yes
Thalia González , Emma Kaeser SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE 74 SMU Law Review Forum 118 (August, 2021) Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... 2021 Yes
Chelsea Hanlock SETTLING FOR SILENCE: HOW POLICE EXPLOIT PROTECTIVE ORDERS 109 California Law Review 1507 (August, 2021) The national outcry and months of Black Lives Matter protests against police brutality that followed the police killings of George Floyd and Breonna Taylor are a resounding demonstration of the public's interest in combatting police violence, particularly excess force used on Black Americans. While media attention on police killings increased after... 2021 Yes
Michelle S. Jacobs SOMETIMES THEY DON'T DIE: CAN CRIMINAL JUSTICE REFORM MEASURES HELP HALT POLICE SEXUAL ASSAULT ON BLACK WOMEN? 44 Harvard Journal of Law & Gender 251 (Spring, 2021) In the eighteen months between March 2019 and August 2020, at least eight Black women were murdered by the police. Breonna Taylor was one of them. Officer Brett Hankison, one of the three officers who murdered Breonna Taylor, was eventually discharged from the Louisville Police Department. In the memo discharging him, the police chief cited... 2021 Yes
Theresa Rocha Beardall, J.D., Ph.D. SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH 21 Nevada Law Journal 1025 (Spring, 2021) In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... 2021 Yes
Hilary Rau , Kim Shayo Buchanan , Monique L. Dixon , Phillip Atiba Goff STATE REGULATION OF POLICING: POST COMMISSIONS AND POLICE ACCOUNTABILITY 11 UC Irvine Law Review 1349 (August, 2021) This Article examines the untapped potential of Peace Officer Standards and Training (POST) commissions to protect communities that experience police misconduct and discrimination. POST commissions, which are created by state laws and exist in all fifty states, have broad authority to regulate police officers and police departments. POST... 2021 Yes
Harvey Gee SURVEILLANCE STATE: FOURTH AMENDMENT LAW, BIG DATA POLICING, AND FACIAL RECOGNITION TECHNOLOGY 21 Berkeley Journal of African-American Law & Policy 43 (2021) The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Andrew Guthrie Ferguson. New York University Press, 2017. Pp.259. $28.00 Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century. Ric Simmons. Cambridge University Press, 2019. Pp.264. $34.99 Introduction. 44 I. Big Data Surveillance,... 2021 Yes
Julian A. Cook, III SUSPICIONLESS POLICING 89 George Washington Law Review 1568 (December, 2021) The tragic death of Elijah McClain--a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers--epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police... 2021 Yes
Jalila Jefferson-Bullock, Jelani Jefferson Exum THAT IS ENOUGH PUNISHMENT: SITUATING DEFUNDING THE POLICE WITHIN ANTIRACIST SENTENCING REFORM 48 Fordham Urban Law Journal 625 (March, 2021) Introduction: Understanding Calls to Defund the Police. 626 I. Policing in the United States: Systemic Racism, Racial Trauma, and the Need to Rebuild Democracy. 631 A. U.S. Policing Is Systemically Racist. 632 i. The Racist Roots of Policing. 632 ii. Police Funding Is Systemically Racist. 633 B. Policing and Racial Trauma. 636 i. Background... 2021 Yes
David Schultz THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA 39 Minnesota Journal of Law & Inequality 571 (2021) The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... 2021 Yes
David Schultz THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA 47 Mitchell Hamline Law Review 203 (November, 2021) The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... 2021 Yes
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