| Author | Title | Citation | Summary | Year | key Terms in Title |
| Shelley Welton |
THE BOUNDS OF ENERGY LAW |
62 Boston College Law Review 2339 (October, 2021) |
Introduction. 2341 I. A Materialist Account of the Field and Its Failings. 2347 A. New Energy Sources and Uses Emerge: 1850-1930. 2348 B. New Deal Legal Gap-Filling and the Mid-Century Détente: 1930-1970. 2353 C. The (Partial) Collapse of the Consensus: 1970-2000. 2357 D. 1990s--2020: Energy Law Meets Climate Change, First Generation. 2361 II. The... |
2021 |
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| Eliana Machefsky |
THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA |
109 California Law Review 1959 (October, 2021) |
In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... |
2021 |
Yes |
| Robert M. Bloom , Nina Labovich |
THE CHALLENGE OF DETERRING BAD POLICE BEHAVIOR: IMPLEMENTING REFORMS THAT HOLD POLICE ACCOUNTABLE |
71 Case Western Reserve Law Review 923 (Spring, 2021) |
Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary; however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines... |
2021 |
Yes |
| Sara E. Yates |
THE DIGITIZATION OF THE CARCERAL STATE: THE TROUBLING NARRATIVE AROUND POLICE USAGE OF FACIAL RECOGNITION TECHNOLOGY |
19 Colorado Technology Law Journal 483 (Summer, 2021) |
The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse This Note applies a racial social control frame to the problem of facial recognition technology (FRT), showing how this technology may entrench preexisting inequalities and disparate treatment of people of color by law enforcement. Police usage of FRT... |
2021 |
Yes |
| Barbara A. Fedders |
THE END OF SCHOOL POLICING |
109 California Law Review 1443 (August, 2021) |
Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role... |
2021 |
Yes |
| Victor Li |
THE FRANCHISE'S PRIME-TIME FORMULA SHAPED A GENERATION'S UNDERSTANDING OF THE LEGAL SYSTEM |
107-SEP ABA Journal 34 (August/September, 2021) |
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. Two loud CLANGS, which evoke the slamming of a prison cell combined with the bang of a judge's gavel. FADE IN EXT. PARKING LOT... |
2021 |
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| Andrew Lanham |
THE GEOPOLITICS OF AMERICAN POLICING |
119 Michigan Law Review 1411 (April, 2021) |
Badges Without Borders: How Global Counterinsurgency Transformed American Policing. By Stuart Schrader. Oakland: University of California Press. 2019. Pp. xi, 393. Cloth, $85; paper, $29.95 On July 9, 2016, Jonathan Bachman, a freelance photographer for Reuters, snapped a photograph of Ieshia Evans, a nurse from Pennsylvania, as she confronted the... |
2021 |
Yes |
| Vincent M. Southerland |
THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM |
80 Maryland Law Review 487 (2021) |
A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... |
2021 |
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| Brandon Hasbrouck |
THE JUST PROSECUTOR |
99 Washington University Law Review 627 (2021) |
As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration. This was and is by design. Prosecutorial power derives from our constitutional structure--prosecutors are given almost unfettered discretion to determine who to charge, what to charge, and, often, what the... |
2021 |
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| Eisha Jain |
THE MARK OF POLICING: RACE AND CRIMINAL RECORDS |
73 Stanford Law Review Online 162 (June, 2021) |
This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone--regardless of whether they result in convictions--create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal... |
2021 |
Yes |
| Nicole Smith Futrell |
THE PRACTICE AND PEDAGOGY OF CARCERAL ABOLITION IN A CRIMINAL DEFENSE CLINIC |
45 New York University Review of Law and Social Change 159 (2021) |
Current social and racial justice movements have helped to advance deeper interest in the long-standing work of carceral abolitionists. Abolitionists understand that the criminal legal process ineffectively uses state-sanctioned violence, surveillance, punishment, and exclusion to address, and counterproductively perpetuate, the underlying problems... |
2021 |
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| Aaron Tang |
THE RADICAL-INCREMENTAL CHANGE DEBATE, RACIAL JUSTICE, AND THE POLITICAL ECONOMY OF TEACHERS' CHOICE |
169 University of Pennsylvania Law Review Online 186 (2021) |
L1-2Introduction . L3186 I. Teachers, Schools, and (Suburban) Parents. 193 A. Teachers. 193 B. Schools. 195 1. Integration. 195 2. School Choice. 197 C. Suburban Parents. 198 II. The Political Economy of Teachers' Choice. 200 A. Teachers' Choice. 201 B. The Political Economy of Teachers' Choice. 205 C. The Political Economy of Teachers' Unions. 207... |
2021 |
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| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
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| Angela Onwuachi-Willig |
THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? |
58 Houston Law Review 817 (Symposium, 2021) |
The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... |
2021 |
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| Jessica M. Eaglin |
TO "DEFUND" THE POLICE |
73 Stanford Law Review Online 120 (June, 2021) |
Much public debate circles around grassroots activists' demand to defund the police, raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of defund to clarify and distinguish four alternative, substantive policy positions that legal reforms... |
2021 |
Yes |
| Monika Batra Kashyap |
TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS |
26 Michigan Journal of Race and Law 87 (Winter, 2021) |
C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... |
2021 |
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| Kyle C. Velte |
TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK |
33 Yale Journal of Law & Feminism 119 (2021) |
White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... |
2021 |
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| Jordan Blair Woods |
TRAFFIC WITHOUT THE POLICE |
73 Stanford Law Review 1471 (June, 2021) |
We are at a watershed moment in which growing national protest and public outcry over police injustice and brutality, especially against people of color, are animating new meanings of public safety and new proposals for structural police reforms. Traffic stops are the most frequent interaction between police and civilians today, and they... |
2021 |
Yes |
| Julie Dahlstrom |
TRAFFICKING AND THE SHALLOW STATE |
12 UC Irvine Law Review 61 (November, 2021) |
More than two decades ago, the Trafficking Victims Protection Act (TVTA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been... |
2021 |
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| Dylan Rodríguez |
TYRANNY OF THE TASK FORCE: POLICE ABOLITION AND THE COUNTERINSURGENT CAMPUS |
53 Connecticut Law Review 571 (September, 2021) |
C1-2Essay Contents INTRODUCTION: (ANTIBLACK) DOMESTIC WAR, COUNTERINSURGENCY, AND THE CONDITIONS FOR ABOLITION. 573 I. COUNTERINSURGENCY (STATESIDE). 580 II. COUNTERINSURGENCY CAMPUS, PT. 1: UNIVERSITY OF CALIFORNIA, A CASE STUDY. 582 A. Case 1, Dumb Faith: The Academic Senate's Recommendations for UC Policing. 584 B. Case 2, Audit, Wash, and... |
2021 |
Yes |
| Hannah Bloch-Wehba |
VISIBLE POLICING: TECHNOLOGY, TRANSPARENCY, AND DEMOCRATIC CONTROL |
109 California Law Review 917 (June, 2021) |
Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand--let alone set limits on--new investigative methods and techniques for two major reasons. First, new surveillance... |
2021 |
Yes |
| Robert Norton, '22 |
WHAT IS A "REASON TO BELIEVE"? EXECUTION OF AN ARREST WARRANT AT A SUSPECT'S RESIDENCE SHOULD REQUIRE PROBABLE CAUSE |
54 Creighton Law Review 323 (March, 2021) |
I. INTRODUCTION. 323 II. BACKGROUND. 326 A. Examination of Probable Cause and Reasonable Suspicion Standards. 326 B. The Case that Started the Controversy: The Facts and Holding of Payton v. New York. 330 C. The Split of Authority. 333 1. Cases Holding the Payton Reason to Believe Standard Equates to Probable Cause. 334 2. Cases Holding the Payton... |
2021 |
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| Michael Allan Wolf |
ZONING REFORMED |
70 University of Kansas Law Review 171 (December, 2021) |
It has been roughly a century since early advocates of zoning took notice of how crowded and congested housing conditions contributed to the spread of disease (including the then-recent H1N1 pandemic). The U.S. Supreme Court had just rejected on property rights grounds a city ordinance that expressly segregated neighborhoods by race. One hundred... |
2021 |
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| Edward P. Richards |
A Historical Review of the State Police Powers and Their Relevance to the Covid-19 Pandemic of 2020 |
11 Journal of National Security Law & Policy 83 (2020) |
Introduction. 83 I. Plagues in the Past. 84 II. Epidemic Disease in the American Colonies. 86 III. Public Health Law at the Time of the Drafting of the Constitution. 87 IV. The Post-Constitution Public Health Cases. 89 V. Gibbons v. Ogden: Do Police Powers Survive the Commerce Clause?. 90 VI. The Quarantine Cases. 91 VII. The Vaccine Cases. 96; Search Snippet: ...I: Who's in Charge? A HISTORICAL REVIEW OF THE STATE POLICE POWERS AND THEIR RELEVANCE TO THE COVID-19 PANDEMIC OF... |
2020 |
Yes |
| Brian Mogck |
A Proposal for Police Reform: Require Effective Accountability Measures in Police Union Contracts as a Condition of Tax-exempt Status |
8/7/2020 University of Chicago Law Review Online 1 (August 7, 2020) |
In the wake of the May 25 police killing of George Floyd in Minneapolis, government leaders across the nation are urgently considering reforms that might prevent police brutality. Policy analysts have suggested changes to federal, state, and local laws to improve transparency for police departments and accountability for officers. Proposals have; Search Snippet: ...Chicago Law Review Online August 7, 2020 A PROPOSAL FOR POLICE REFORM: REQUIRE EFFECTIVE ACCOUNTABILITY MEASURES IN POLICE UNION CONTRACTS AS A CONDITION OF TAX-EXEMPT STATUS Brian... |
2020 |
Yes |
| Brandon Hasbrouck |
Abolishing Racist Policing with the Thirteenth Amendment |
68 UCLA Law Review Discourse 200 (2020) |
Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the Constitution itself. But a string of U.S. Supreme Court rulings involving the Thirteenth; Search Snippet: ...UCLA LAW REVIEW DISCOURSE UCLA Law Review Discourse 2020 ABOLISHING RACIST POLICING WITH THE THIRTEENTH AMENDMENT Brandon Hasbrouck [FNa1] Copyright © 2020 UCLA... |
2020 |
Yes |
| Brandon Hasbrouck |
Abolishing Racist Policing with the Thirteenth Amendment |
67 UCLA Law Review 1108 (November, 2020) |
This Essay was also published in the UCLA Law Review's online publication, Discourse. Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the; Search Snippet: ...UCLA LAW REVIEW UCLA Law Review November, 2020 Article ABOLISHING RACIST POLICING WITH THE THIRTEENTH AMENDMENT Brandon Hasbrouck [FNa1] Copyright © 2020 by... |
2020 |
Yes |
| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the; Search Snippet: ...New York University Law Review June, 2020 Article ANTI-SEGREGATION POLICING Monica C. Bell [FNa1] Copyright © 2020 by Monica C. Bell... |
2020 |
Yes |
| Megan Quattlebaum , Tom Tyler |
Beyond the Law: an Agenda for Policing Reform |
100 Boston University Law Review 1017 (May, 2020) |
Legal discussions about how best to manage the use of force by the police have focused on possible changes in the legal standards through which the police are held accountable for their actions--standards established in Graham v. Connor. We argue that such changes are unlikely to change police conduct in desirable ways. The police are currently; Search Snippet: ...of Police Violence Contribution BEYOND THE LAW: AN AGENDA FOR POLICING REFORM Megan Quattlebaum [FNa1] Tom Tyler [FNaa1] Copyright © 2020 by... |
2020 |
Yes |
| Christina Murray |
Cameras Down, Hands Up: How the Supreme Court Chilled the Development of the First Amendment Right to Record the Police |
71 Mercer Law Review 1125 (Summer, 2020) |
You may not realize this, but the Supreme Court of the United States has possibly jeopardized one of your First Amendment rights: the right to record the police. While this right may mean little to you now, it could serve as a means of protecting your other rights and in keeping law enforcement accountable. Because of the right to record the police; Search Snippet: ...THE DEVELOPMENT OF THE FIRST AMENDMENT RIGHT TO RECORD THE POLICE [FNa1] Christina Murray Copyright © 2020 by Mercer University School of... |
2020 |
Yes |
| |
Convicted: Do Recent Cases Represent a Shift in Police Accountability? A Research Note |
56 Criminal Law Bulletin 3 (2020) |
Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race, Crime, and Justice; Search Snippet: ...Law Bulletin Convicted: Do Recent Cases Represent a Shift in Police Accountability? A Research Note Delores Jones-Brown * and Kwan... |
2020 |
Yes |
| Frank Rudy Cooper |
Cop Fragility and Blue Lives Matter |
2020 University of Illinois Law Review 621 (2020) |
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012-2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police; Search Snippet: ...ILLINOIS LAW REVIEW University of Illinois Law Review 2020 Article COP FRAGILITY AND BLUE LIVES MATTER Frank Rudy Cooper [FNa1] Copyright... |
2020 |
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| Denise Herd |
Cycles of Threat: Graham V. Connor, Police Violence, and African American Health Inequities |
100 Boston University Law Review 1047 (May, 2020) |
This Essay explores how Graham v. Connor and the policies it codified contribute to multiple and interacting levels of health inequities caused by police violence in African American communities. First, police violence leads to higher rates of deaths, physical injuries, and psychological harm among affected individuals. Second, police violence; Search Snippet: ...of Police Violence Contribution CYCLES OF THREAT: GRAHAM v. CONNOR , POLICE VIOLENCE, AND AFRICAN AMERICAN HEALTH INEQUITIES Denise Herd [FNa1] Copyright... |
2020 |
Yes |
| Mitch Zamoff |
Determining the Perspective of a Reasonable Police Officer: an Evidence-based Proposal |
65 Villanova Law Review 585 (2020) |
Excessive force jurisprudence in America is in disarray. Although the Supreme Court mandated over thirty years ago that courts determine the constitutionality of allegedly excessive force from the perspective of a reasonable officer on the scene, courts have never seemed more confused about how to make that determination. Without any definitive; Search Snippet: ...Law Review 2020 Article DETERMINING THE PERSPECTIVE OF A REASONABLE POLICE OFFICER: AN EVIDENCE-BASED PROPOSAL Mitch Zamoff [FNa1] Copyright © 2020... |
2020 |
Yes |
| David Eichert |
Disciplinary Sodomy: Prison Rape, Police Brutality, and the Gendered Politics of Societal Control in the American Carceral System |
105 Cornell Law Review 1775 (September, 2020) |
This Note engages with critical legal scholarship about gender and race to reframe discussions about sodomy in American law. Instead of concentrating on the history and constitutionality of sodomy bans, I instead demonstrate how disciplinary sodomy remains an intrinsic part of the American carceral system. I detail several scenarios in which anal; Search Snippet: ...Cornell Law Review September, 2020 Note DISCIPLINARY SODOMY: PRISON RAPE, POLICE BRUTALITY, AND THE GENDERED POLITICS OF SOCIETAL CONTROL IN THE... |
2020 |
Yes |
| Caitlin Cavanagh, Erica Dalzell , Elizabeth Cauffman , Michigan State University, University of California, Irvine |
Documentation Status, Neighborhood Disorder, and Attitudes Toward Police and Courts among Latina Immigrants |
26 Psychology, Public Policy, and Law 121 (February, 2020) |
Individuals who live in disordered neighborhoods tend to view the justice system more negatively. However, some families with an undocumented member may feel compelled to remain undetected or may lack the means for suitable housing, and thus may have little choice but to live in disordered neighborhoods. The present study answers the question, does; Search Snippet: ...Law February, 2020 DOCUMENTATION STATUS, NEIGHBORHOOD DISORDER, AND ATTITUDES TOWARD POLICE AND COURTS AMONG LATINA IMMIGRANTS [FNa1] Caitlin Cavanagh Erica Dalzell... |
2020 |
Yes |
| Cedric Merlin Powell |
Down Here on the Ground: Prosecutorial Discretion, Intersectionality, Police Transparency, and Unintended Consequences |
58 University of Louisville Law Review 407 (Summer, 2020) |
Criminal Justice Reform in the Commonwealth is an inspired collaboration between the Coalition for Public Safety and the University of Louisville Law Review offering a dynamic, critical assessment of the regional, statewide, and national manifestations of structural inequality in the criminal justice system. Building upon a previous symposium on; Search Snippet: ...2019 Symposium DOWN HERE ON THE GROUND: PROSECUTORIAL DISCRETION, INTERSECTIONALITY, POLICE TRANSPARENCY, AND UNINTENDED CONSEQUENCES Cedric Merlin Powell [FNa1] Copyright © 2020... |
2020 |
Yes |
| Maryah Garner , Anna Harvey , Hunter Johnson |
Estimating Effects of Affirmative Action in Policing: a Replication and Extension |
62 International Review of Law & Economics 1 (June, 2020) |
Article history: Received 7 September 2019 Accepted 8 November 2019 Available online 15 November 2019 JEL classification: H76 J15 J78 K31 Keywords: Affirmative Action Crime Policing Employment Discrimination Many police departments in the United States have experienced externally-imposed affirmative action plans designed to increase the shares of; Search Snippet: ...Law & Economics June, 2020 ESTIMATING EFFECTS OF AFFIRMATIVE ACTION IN POLICING: A REPLICATION AND EXTENSION Maryah Garner [FNa] Anna Harvey [Fnb... |
2020 |
Yes |
| |
Evaluating Police Uses of Force by Seth W. Stoughton, Jeffrey J. Noble, and Geoffrey P. Alpert, Nyu Press, Https://nyupress.org, 352 Pp.; $60 |
56-OCT Trial 60 (October, 2020) |
This book focuses on the use of physical force by police officers is an issue of great importance that affects the public's attitudes about police and government. The authors--professors Stoughton and Alpert and police consultant Noble--estimate such force is used 600,000 times annually in the United States. They discuss how media coverage can lead; Search Snippet: ...2020 WL 5893618 TRIAL Trial October, 2020 Department Book EVALUATING POLICE USES OF FORCE BY SETH W. STOUGHTON, JEFFREY J. NOBLE... |
2020 |
Yes |
| Sahar F. Aziz , Khaled A. Beydoun |
Fear of a Black and Brown Internet: Policing Online Activism |
100 Boston University Law Review 1151 (May, 2020) |
Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to; Search Snippet: ...Police Violence Contribution FEAR OF A BLACK AND BROWN INTERNET: POLICING ONLINE ACTIVISM [FNd1] Sahar F. Aziz [FNa1] Khaled A. Beydoun... |
2020 |
Yes |
| Chandra L. Ford |
Graham, Police Violence, and Health Through a Public Health Lens |
100 Boston University Law Review 1093 (May, 2020) |
That police kill black people with impunity is a concerning social issue--but is it a public health problem? In this Essay, I examine how certain public health concepts and approaches can inform both the answer to this question and the development of strategies to address the problem. Drawing on Ruth Wilson Gilmore's definition of racism as the; Search Snippet: ...Apples: Exploring the Legal Determinants of Police Violence Contribution GRAHAM , POLICE VIOLENCE, AND HEALTH THROUGH A PUBLIC HEALTH LENS Chandra L... |
2020 |
Yes |
| |
Hernández V. Mesa and Police Liability for Youth Homicides Before and after the Death of Michael Brown |
56 Criminal Law Bulletin 3 (2020) |
Delores Jones-Brown: Dr. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race,; Search Snippet: ...5 Fall 2020 Criminal Law Bulletin Hernández v. Mesa and Police Liability for Youth Homicides Before and After the Death of... |
2020 |
Yes |
| Shima Baradaran Baughman |
How Effective Are Police? The Problem of Clearance Rates and Criminal Accountability |
72 Alabama Law Review 47 (2020) |
Introduction. 48 I. How to Measure Police Effectiveness. 55 A. Defining Clearance Rates. 56 B. The Problems of Clearance Rates. 59 C. Criminal Accountability: Police Effectiveness at Solving Crime. 65 1. Known Crimes. 66 2. Conviction Rates. 69 3. Imprisonment Rates. 70 4. Crime Resolution Rates. 71 II. Measuring Criminal Accountability. 73 A; Search Snippet: ...LAW REVIEW Alabama Law Review 2020 Article HOW EFFECTIVE ARE POLICE? THE PROBLEM OF CLEARANCE RATES AND CRIMINAL ACCOUNTABILITY Shima Baradaran... |
2020 |
Yes |
| Richard A. Rosenthal |
Independent Critical Incident Investigation Agencies: a Unique Form of Police Oversight |
83 Albany Law Review 855 (2019-2020) |
In 1990, the Province of Ontario, Canada, created the world's first independent critical incident investigation agency (ICIIA). The Special Investigations Unit (SIU) was given the jurisdiction to conduct criminal investigations of police incidents resulting in death and serious injury. It took another twenty years, however, for this model of; Search Snippet: ...Article INDEPENDENT CRITICAL INCIDENT INVESTIGATION AGENCIES: A UNIQUE FORM OF POLICE OVERSIGHT Richard A. Rosenthal [FNa1] Copyright © 2020 by Albany Law... |
2020 |
Yes |
| Brittany Temple |
Is "Policing for Profit" Really a Police Power Exception? Civil Asset Forfeiture as an Excessive Fine and the Police Power Exception to the Automatic Stay |
36 Emory Bankruptcy Developments Journal 215 (2020) |
When parallel bankruptcy and civil forfeiture proceedings arise, trustees and creditors are confronted with the issue of whether the police power exception to the automatic stay applies. Courts have widely ruled that civil forfeiture is a police power exception to the automatic stay because of its goal to deter crime and lack of monetary incentive; Search Snippet: ...BANKRUPTCY DEVELOPMENTS JOURNAL Emory Bankruptcy Developments Journal 2020 Comment IS POLICING FOR PROFIT REALLY A POLICE POWER EXCEPTION? CIVIL ASSET FORFEITURE AS AN EXCESSIVE FINE AND THE POLICE POWER EXCEPTION TO THE AUTOMATIC STAY Brittany Temple [FNa1] Copyright... |
2020 |
Yes |
| Aurélie Ouss, John Rappaport |
Is Police Behavior Getting Worse? Data Selection and the Measurement of Policing Harms |
49 Journal of Legal Studies 153 (January, 2020) |
Public concern about harmful policing is surging. Governments are paying historic amounts for law enforcement liability. Has police behavior changed? Or is society responding differently? Traditional data sources struggle with this question. Common metrics conflate the prevalence and severity of policing harms with the responses of legal actors; Search Snippet: ...STUDIES Journal of Legal Studies January, 2020 PT. 1 IS POLICE BEHAVIOR GETTING WORSE? DATA SELECTION AND THE MEASUREMENT OF POLICING HARMS Aurélie Ouss John Rappaport [FNa1] Copyright © 2020 by The... |
2020 |
Yes |
| Allen Slater |
It Should Never Be Justified: a Critical Examination of the Binary Paradigm Used to Categorize Police Shootings |
21 Berkeley Journal of African-American Law & Policy 1 (2020) |
Introduction. 2 I. The Stories Behind the Bullet. 5 II. We Are Not Bound to the Binary Paradigm. 7 A. Tennessee v. Garner: The Origin of the Binary Paradigm. 8 B. Scott v. Harris: Police Discretion Widens. 10 C. Plumhoff v. Rickard: Reinforcing the Scott Standard. 11 D. The Real-World Consequences of the Case Law. 12 III. Why Has the Binary; Search Snippet: ...A CRITICAL EXAMINATION OF THE BINARY PARADIGM USED TO CATEGORIZE POLICE SHOOTINGS Allen Slater [FNa1] Copyright © 2020 by Regents of the... |
2020 |
Yes |
| Sunita Patel |
Jumping Hurdles to Sue the Police |
104 Minnesota Law Review 2257 (May, 2020) |
Introduction. 2258 I. Police Structural Reform Litigation. 2269 A. Standing To Obtain Police Injunctions: Lyons. 2271 B. Municipal Liability: Monell. 2276 C. Class Certification: Wal-Mart Stores, Inc. v. Dukes. 2281 1. Class Certification Requirements Under Rule 23. 2282 2. Commonality Under Wal-Mart Stores, Inc.. 2283 II. Floyd v. City of New; Search Snippet: ...May, 2020 Article Civil Procedure JUMPING HURDLES TO SUE THE POLICE Sunita Patel [FNd1] Copyright © 2020 by Sunita Patel Introduction 2258... |
2020 |
Yes |
| Osagie K. Obasogie |
More than Bias: How Law Produces Police Violence |
100 Boston University Law Review 771 (May, 2020) |
Excessive use of force by law enforcement continues to be a serious problem that leaves bodies broken and communities grieving. This violence is thought to largely emanate from the biased predispositions of individual officers and police departments. While personal and organizational biases are key considerations, it is important to examine the; Search Snippet: ...of Police Violence Contribution MORE THAN BIAS: HOW LAW PRODUCES POLICE VIOLENCE Osagie K. Obasogie [FNa1] Copyright © 2020 by The Trustees... |
2020 |
Yes |
| I. India Thusi |
On Beauty and Policing |
114 Northwestern University Law Review 1335 (2020) |
To protect and serve is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing; Search Snippet: ...REVIEW Northwestern University Law Review 2020 Article ON BEAUTY AND POLICING [FNd1] I. India Thusi [FNa1] Copyright © 2020 by I. India... |
2020 |
Yes |