| Author | Title | Citation | Summary | Year | key Terms in Title |
| Eric Arnold |
POLICE MISCONDUCT: COMBATTING THE COMPLICITY CRISIS |
115 Journal of Criminal Law and Criminology 205 (Winter, 2025) |
This Comment explores the current state of police reform in the city of Chicago, with a special focus on the various oversight agencies currently in force. Chicago has a long history of police misconduct, and the city has tried to make changes over the years to restore the community's trust in policing. The police reform movement became especially... |
2025 |
Yes |
| Devon W. Carbado |
POLICE POWER ABOLITION |
72 UCLA Law Review Discourse 658 (2025) |
This Article employs the Law Review's Discourse symposium on my book, Unreasonable: Black Lives, Police Power, and the Fourth Amendment, as a starting point to foreground and elaborate on an idea that I reference in that text: police power abolition. The Article begins by describing the central insight that motivates Unreasonable--namely, that... |
2025 |
Yes |
| Mona Lynch, Sofia Laguna , Department of Criminology, Law & Society, University of California, Irvine, CA, USA |
POLICE TALK IN THE JURY ROOM: THE PRODUCTION OF RACE-CONSCIOUS REASONABLE DOUBT AMONG RACIALLY DIVERSE JURY GROUPS |
59 Law and Society Review 419 (June, 2025) |
(Received 26 September 2023; revised 29 April 2024; accepted 3 July 2024) A central goal of Critical Race Theory (CRT) is to deconstruct the jurisprudence of colorblindness that is infused with the language of equality while operating to maintain racial hierarchies. Color-blind ideology extends to the procedures governing criminal juries,... |
2025 |
Yes |
| Elizabeth E. Joh |
POLICE TECHNOLOGY EXPERIMENTS |
125 Columbia Law Review Forum 1 (31-Jan-25) |
Police departments often adopt new surveillance technologies that make mistakes, produce unintended effects, or harbor unforeseen problems. Sometimes the police try a new surveillance technology and later abandon it due to a lack of success, community resistance, or both. Critics have identified many problems with these tools: racial bias, privacy... |
2025 |
Yes |
| Saul M. Kassin , Hayley M. D. Cleary , Gisli H. Gudjonsson , Richard A. Leo , Christian A. Meissner , Allison D. Redlich , Kyle C. Scherr |
POLICE-INDUCED CONFESSIONS, 2.0: RISK FACTORS AND RECOMMENDATIONS |
49 Law and Human Behavior 7 (February, 2025) |
Wrongful conviction databases have shed light on the fact that innocent people can be induced to confess to crimes they did not commit. Drawing on police practices, core principles of psychology, and forensic studies involving multiple methodologies, this article updates the original Scientific Review Paper (Kassin et al., 2010) on the causes,... |
2025 |
Yes |
| Jonathon J. Booth |
POLICING AFTER SLAVERY: RACE, CRIME, AND RESISTANCE IN ATLANTA |
96 University of Colorado Law Review 1 (2025) |
This Article places the birth and growth of the Atlanta police in context by exploring the full scope of Atlanta's criminal legal system during the four decades after the end of slavery. To do so, it analyzes the connections Atlantans made between race and crime, the adjudication and punishment of minor offenses, and the variety of Black protests... |
2025 |
Yes |
| Warren Buff , Brandon Hasbrouck |
POLICING AS GENERAL WARRANTS |
173 University of Pennsylvania Law Review 1735 (May, 2025) |
The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst abuses they had experienced under English rule. Prominent businessmen--many of them engaged in smuggling--found their homes ransacked in search of contraband on flimsy evidence and without any reason given for the... |
2025 |
Yes |
| Aliza Hochman Bloom |
POLICING BIAS WITHOUT INTENT |
2025 University of Illinois Law Review 1307 (2025) |
In December of 2019, a woman was robbed in Jersey City, and she quickly reported it to a 911 dispatcher. When the dispatcher asked her whether the suspect was Black, white or Hispanic, she responded that she did not know. But when relaying the description to a police officer, the dispatcher improperly added to the woman's account that the suspect... |
2025 |
Yes |
| Sunita Patel |
POLICING CAMPUS PROTEST |
125 Columbia Law Review 1277 (June, 2025) |
College campuses across the country celebrate their legacies of creating free speech guarantees following student protests from the mid-1960s to early 1970s, even though colleges had minimal tolerance of such protests at the time. As part of the New Left's vision for a different society, students, sometimes joined by faculty, demanded an end to the... |
2025 |
Yes |
| Nila Bala |
POLICING CHILDREN'S DATA |
103 Washington University Law Review 249 (2025) |
In recent years, advances in policing technology have dramatically expanded law enforcement's ability to access data. This includes children's data--their photographs, text messages, geolocation data, health information, and online search histories--revealing intimate details of a child's life. While scholars have examined law enforcement's access... |
2025 |
Yes |
| Lea Cazaudumec Lucas |
POLICING IN PIXELS |
16 Case Western Reserve Journal of Law, Technology & the Internet 260 (2025) |
Artificial Intelligence (AI) is transforming border security and law enforcement, with facial recognition technology (FRT) at the forefront of this shift. Widely adopted by U.S. federal agencies such as the FBI, ICE, and CBP, FRT is increasingly used to monitor both citizens and migrants, often without their knowledge. While this technology... |
2025 |
Yes |
| Eisha Jain |
POLICING IN THE AGE OF CRIMINAL RECORDS |
103 North Carolina Law Review 1441 (June, 2025) |
When police officers conduct Terry stops today, they routinely check criminal records. Terry itself was decided well before electronic criminal records were routinely accessible to police officers, however. As a result, courts and commentators have not fully appreciated how criminal records shape Terry stops, particularly pretextual stops. When... |
2025 |
Yes |
| Annie Goodman |
POLICING THE PSYCH UNIT |
100 New York University Law Review 1262 (October, 2025) |
Tens of thousands of people are involuntarily confined in a hospital each year in connection with their mental illness or disability. In response to misconduct by people who are civilly committed, hospitals often call the police, setting in motion a chain of events with devastating consequences for the person who is transferred to criminal custody.... |
2025 |
Yes |
| G. Alex Sinha |
POLICING'S FREE-SPEECH PROBLEM |
2025 Utah Law Review 453 (2025) |
The central claim of this Article is that a significant share of typical policing activity is wildly and egregiously unconstitutional. More precisely, police regularly, predictably, and systematically violate the hardest, most settled core of free-speech law under the First Amendment. We have grown to tolerate these violations--we have not even... |
2025 |
Yes |
| Lisa Davis |
POST-CONFLICT REPARATIONS: METHODS FOR ADDRESSING DISCRIMINATION |
46 University of Pennsylvania Journal of International Law 947 (Summer, 2025) |
C1-3Table of Contents I. Introduction. 949 II. A Brief Overview of Reparations under International Law. 953 a. International Humanitarian and Criminal Law. 953 b. The U.N. Principles on Reparations. 956 III. Uprooting Discrimination through Post-Conflict Measures. 958 a. Discrimination as a Fixture in Contemporary Conflicts. 958 b. Recognizing... |
2025 |
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POST-INDICTMENT IDENTIFICATIONS |
54 Georgetown Law Journal Annual Review of Criminal Procedure 190 (2025) |
There are two constitutional avenues to challenge witness identification: the Sixth Amendment right to counsel during post-indictment lineups and showups, and the prohibition under the Due Process Clause of the Fifth Amendment against identification testimony obtained from overly suggestive police practices that could taint later in-court... |
2025 |
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| Maeve Hickey |
POSTS BY POLICE: DISCIPLINING LAW ENFORCEMENT FOR SPEECH ON SOCIAL MEDIA |
15 Wake Forest Law Review Online 97 (2-Oct-25) |
Justice Oliver Wendell Holmes, Jr., once wrote that a man has a constitutional right to talk politics, but he has no constitutional right to be a policeman. The Supreme Court later changed course, holding that the government may not condition public employment on an employee's exercise of his or her First Amendment rights. More recently, amidst... |
2025 |
Yes |
| Jacqueline Hahn |
PREDICTIVE POLICING AND THE IMPLICATIONS OF AI ACROSS GLOBAL FRAMEWORKS |
57 Cornell International Law Journal 465 (Spring, 2025) |
Predictive policing algorithms, which use artificial intelligence (AI) to forecast potential criminal activity and allocate resources, are transforming law enforcement across the globe. This Note examines the ethical, legal, and social implications of implementing predictive policing technologies across various countries--including the United... |
2025 |
Yes |
| Britney R. Wilson |
PREDISPOSED: RACE, DISABILITY, AND DEATH INVESTIGATIONS |
72 UCLA Law Review 500 (September, 2025) |
Disability, preexisting conditions, or underlying conditions might seem like uncontroversial factors to cite when determining an individual's cause of death. However, many death investigators have also cited these conditions in deaths caused by state violence or neglect. For example, a 2021 study found that medical examiners cited sickle cell... |
2025 |
|
| Harold McDougall |
PREPARE, REPAIR, DEFEND: A DIY TOOLKIT FOR REPARATIONS 2.0 |
9 Howard Human & Civil Rights Law Review 151 (2024-2025) |
C1-2Table of Contents Introduction. 152 I. Awakening. 153 A. CARICOM On Reparations. 153 B. Cultural DNA. 153 1. Protests and Its Limitations. 155 II. Engaging the University to Support Community-Based Cooperation. 161 III. The Havard Legacy of Slavery Initiative and My Proposal. 162 A. The Need of Reparations by Harvard. 162 IV. The Initiative and... |
2025 |
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| Jesse Cheng |
PRESERVING PRECEDENT ON CAPITAL MITIGATION |
2025 University of Illinois Law Review Online 21 (Spring, 2025) |
In the Court's recent decision in United States v. Tsarnaev, Justice Thomas appears to be planting the seeds for overturning longstanding precedent in death penalty trial procedure. A line of cases on capital mitigation--evidence in favor of sparing the life of a criminal defendant facing the death penalty-- has both expanded the scope of... |
2025 |
|
| Annemarie Foy |
PRESSING CHARGES: CRIMINAL FEES AND THE EXCESSIVE FINES CLAUSE |
110 Minnesota Law Review 947 (December, 2025) |
Millions of people owe money to the government as a consequence of a criminal charge. But while some of that debt is tied to fines or restitution, much of it is levied as fees, or payments owed to the government for the administration of a defendant's criminal proceedings. Criminal fees can include costs assessed for pretrial detention, a public... |
2025 |
|
| Thiago Nascimento dos Reis |
PRETRIAL DECISION-MAKING IN BRAZIL UNDER INTER-AMERICAN HUMAN RIGHTS LAW |
56 University of Miami Inter-American Law Review 151 (Spring, 2025) |
In recent decades, pretrial detention has been a key contributor to Brazil's mass incarceration. This is true, despite domestic and international norms limiting pretrial detention to exceptional circumstances and mounting evidence linking it to worse outcomes for arrestees in their criminal proceedings and post-release life prospects. As a... |
2025 |
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PROCEDURAL MEANS OF ENFORCEMENT UNDER 42 U.S.C. § 1983 |
54 Georgetown Law Journal Annual Review of Criminal Procedure 1282 (2025) |
Scope of Section 1983. Under 42 U.S.C. § 1983, a prisoner may seek redress against state and local (but not federal) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that qualify as under color of... |
2025 |
|
| Anna Arons |
PROSECUTING FAMILIES |
173 University of Pennsylvania Law Review 1029 (March, 2025) |
Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government--family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense... |
2025 |
|
| J.D. King |
PROSECUTION WITHOUT PROSECUTORS |
60 Wake Forest Law Review 1061 (2025) |
As the United States debates once again what it wants from its criminal justice system, the role of the American prosecutor is under scrutiny. After the explosion of prosecution and incarceration rates that occurred over the past half-century, most observers agreed that the American criminal justice system had become too large, locking up scores of... |
2025 |
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| Erin Sheley |
PROSECUTORIAL DISCRETION AND DIGITAL DEMOCRACY |
113 Kentucky Law Journal 71 (2024-2025) |
Introduction. 72 I. Two Case Studies in Discretion and Public Opinion. 70 A. #MeToo in Theory and Practice. 77 B. Corporate Homicide. 82 i. The Sparse History of Corporate Homicide. 83 ii. Corporate Homicide and Popular Morality. 89 II. Public Mandate and Government Officials. 93 A. Public Opinion and Public Officials Generally. 93 B. Public... |
2025 |
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| Justin Murray |
PROSECUTORIAL REFORM AND THE MYTH OF INDIVIDUALIZED ENFORCEMENT |
102 Washington University Law Review 1435 (2025) |
The American prosecutor's legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion,... |
2025 |
|
| Alireza Nourani-Dargiri |
PROTESTING, CASH BAIL, AND (UN)EQUAL PROTECTION: USING EMPIRICAL DATA TO PROVE EQUAL PROTECTION VIOLATIONS |
102 Denver Law Review 851 (Summer, 2025) |
Despite considerable data demonstrating disparate government treatment of racially minoritized groups, recent race-based equal protection cases have met only measured success because courts often find statistical evidence of racial bias to be too attenuated. Without an explicitly racist statement, policy, or law made by government officials, many... |
2025 |
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| Timothy Zick |
PUBLIC PROTEST AND CIVIL UNREST |
67 Arizona Law Review 459 (Summer, 2025) |
Governments and officials must respond to protest-related civil unrest. How they do so is both an index of official respect for dissent and a measure of how committed governments are to democratic accountability. This Article examines official responses to civil unrest in connection with several recent high-profile demonstrations. In general, it... |
2025 |
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| Shima Baradaran Baughman |
PUNISHING VIOLENCE |
75 American University Law Review 11 (October, 2025) |
The American criminal justice system doles out the harshest punishments in the world. It is infamous for its protracted criminal sentences and prodigious criminal code. But, what most scholars and policymakers overlook is that the United States punishes only a fraction of the total serious crime that occurs in the country--including violent crime.... |
2025 |
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| Sheldon A. Evans |
PUNISHMENT AS PLACEBO |
98 Southern California Law Review 513 (February, 2025) |
The modern criminal punishment regime has failed to deliver on its promise of public safety. For all of the resources expended and all of the human costs incurred, the ever-growing carceral state does not make us safer. Scholars across the social sciences have studied these shortcomings for decades using various methodologies. The burgeoning prison... |
2025 |
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| Michael DeLuca |
PUNISHMENT, PENAL REFORM, AND ALTERNATIVES TO INCARCERATION IN DURHAM, NORTH CAROLINA, 1869--PRESENT |
74 Duke Law Journal 1613 (April, 2025) |
In the years following the Civil War, communities throughout the United States reckoned with divergent ideas about crime and punishment. Southern states in particular faced questions related to race and the legacy of slavery as they defined new crimes, designed penal facilities, and filled local jails. During this period, North Carolina adopted a... |
2025 |
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| Farhang Heydari , Max Isaacs , Katie Kinsey , Barry Friedman , Christopher Slobogin , Alissa Marque Heydari |
PUTTING POLICE BODY-WORN CAMERA FOOTAGE TO WORK: A CIVIL LIBERTIES EVALUATION OF TRULEO'S AI ANALYTICS PLATFORM |
46 Cardozo Law Review 2247 (July, 2025) |
This Article summarizes findings from a civil liberties evaluation of Truleo, an AI-powered analytics platform designed to automate the review of police body-worn camera (BWC) footage. It includes a summary of how Truleo's platform works, policy choices made by the company and our assessment of safeguards and risks of the platform from a civil... |
2025 |
Yes |
| Tia L. Holmes , Office of the Public Defender, Baltimore, Maryland, 410-767-9854, Email tia.holmes@maryland.gov |
RACE AND PRETEXTUAL TRAFFIC STOPS: STRATEGIES FOR CHALLENGING WHREN v. UNITED STATES AND ITS VESTIGES |
49-DEC Champion 16 (November/December, 2025) |
Traffic stops are one of the most common ways that people interact with police officers. Sometimes the traffic stop is warranted to keep the roads safe, as in the case of a driver who is recklessly driving or committing some other safety-related traffic infraction. Other times (perhaps many or most times), the traffic stop is wholly unrelated to... |
2025 |
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| Katheryn Russell-Brown , Vanessa Miller |
RACE CENTERS AS CRITICAL CURRICULUM SPACES IN U.S. LAW SCHOOLS |
76 Mercer Law Review 609 (April, 2025) |
This piece aims to amplify the role of law school race centers. In fact, these centers are central curriculum spaces for student teaching and learning about race. The discussion highlights the role of race centers in law schools, explores the scholarly potential of race centers, and proposes strategies for sustaining race centers. The piece... |
2025 |
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| Vania Blaiklock |
RACE WITHOUT RACISM: RELIGIOUS SCHOOL CURRICULA AND THE RACE-NEUTRAL LEGACY OF BROWN |
66 William and Mary Law Review 883 (March, 2025) |
C1-2Table of Contents Introduction. 884 I. Brown's Colorblind Conversion. 888 II. Abeka Case Study--Narratives of Race Without Racism. 900 A. African Slave Trade & American Slavery. 902 B. Reconstruction. 906 C. The Civil Rights Movement. 908 D. Oppression in the Twenty-First Century. 911 Conclusion. 914 |
2025 |
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| E. Tendayi Achiume |
RACE, REPARATIONS, AND INTERNATIONAL LAW |
119 American Journal of International Law 397 (July, 2025) |
C1-3Table of Contents I. Introduction. 397 II. Reparations, Worldmaking, and Structures of Historical Injustice. 401 A. Race, Racism, and Colonial Worldmaking. 403 B. Race/Racism and the Structural Reproduction of Colonial Domination. 404 C. The Global Governance of Race/Racism and Reparative Anti-colonial Worldmaking. 407 III. The Legal... |
2025 |
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| Bennett Capers, Jeffrey Bellin |
RACE, THE ACADEMY, AND THE CONSTITUTION OF THE WAR ON DRUGS, THE CONSTITUTION OF THE WAR ON DRUGS BY DAVID POZEN, OXFORD UNIVERSITY PRESS, 2024 |
134 Yale Law Journal 1763 (March, 2025) |
The war on drugs is widely viewed as a policy failure. Despite massive government intrusions on personal liberty, drug addiction, overdoses, and drug-related violence have only increased since the war was declared in 1971. David Pozen's new book, The Constitution of the War on Drugs, reveals a constitutional failure as well. Pozen chronicles a host... |
2025 |
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| Meirav Furth-Matzkin |
RACIAL DISCRIMINATION IN RETAILERS' WILLINGNESS TO ACCEPT RETURNS: A FIELD STUDY |
119 Northwestern University Law Review 1135 (2025) |
Abstract--Black Americans have long faced discriminatory treatment while shopping in retail establishments, including, most notably, being subjected to increased surveillance, inconsistent pricing, and inferior customer service. Little attention, however, has been paid to other post-purchase aspects of retail transactions. Specifically, do Black... |
2025 |
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| Emily Ryo , Ian Peacock , Weston Ley , Christopher Levesque |
RACIAL DISPARITIES IN CRIME-BASED REMOVAL PROCEEDINGS |
109 Minnesota Law Review 1997 (May, 2025) |
Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants' criminal history. Many individuals in crime-based... |
2025 |
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| Justin D. Levinson , G. Ben Cohen , Koichi Hioki |
RACIALIZING THREE STRIKES |
67 Arizona Law Review 919 (Winter 2025) |
Three Strikes laws sit at the fulcrum of racial disparities and mass incarceration. Despite clarity across decades that such laws have served to disproportionately punish Black Americans, legislatures have blessed them, courts permit them, prosecutors charge them, and juries convict based on them. Although it has long been clear that these laws... |
2025 |
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| Guyora Binder , Alexandra Harrington |
RACIALLY DISPARATE AND DISPROPORTIONATE PUNISHMENT OF FELONY MURDER: EVIDENCE FROM NEW YORK |
110 Iowa Law Review 1055 (March, 2025) |
ABSTRACT: America's peculiar institution of felony murder liability has long been criticized as cruel and pointless, particularly as applied to defendants who did not kill. This study of felony murder arrest and disposition in New York reports large racial disparities, particularly for those convicted who did not kill. It is one of the first to... |
2025 |
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| Almas Khan |
RECONSTITUTING THE CANON: THE RISE OF THE BLACK LIVES MATTER JUDICIAL OPINION |
17 Washington University Jurisprudence Review 247 (2025) |
This article presents a critical race theory-inflected history of the U.S. judicial opinion and conceptualizes the emergence of a new form: the Black Lives Matter judicial opinion. Since the Black Lives Matter movement's inception in 2013, legal scholars have unearthed the racist intellectual history of several doctrinal fields, but the... |
2025 |
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| Rachel Moran |
RED FLAG OFFICERS |
96 University of Colorado Law Review 1013 (2025) |
Gun violence and police misconduct are two of the most challenging public safety issues the United States faces today. Both gun control efforts and endeavors to reimagine policing are hotly contested and often difficult to enact. But one form of gun control has achieved comparatively widespread political support in the past few years: red flag... |
2025 |
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| Laura G. Abelson |
REEVALUATING FELON-IN-POSSESSION LAWS AFTER BRUEN AND THE WAR ON DRUGS |
15 UC Irvine Law Review 871 (October, 2025) |
The legal landscape surrounding firearm possession is evolving rapidly. In 2022, the Supreme Court accelerated its expansion of the individual right to bear arms under the Second Amendment in New York Rifle & Pistol Ass'n v. Bruen. Since Bruen, courts around the country have struck down nearly all types of firearm regulations, with a notable... |
2025 |
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| Daniel Fryer |
REFORMING ABOLITION |
124 Michigan Law Review 187 (November, 2025) |
C1-2Table of Contents Introduction. 189 I. The Elusiveness of Abolition. 194 A. The Structure of Abolition. 195 B. Disagreement Among Abolitionists. 198 1. Scope. 200 2. Site. 201 3. Conception. 202 II. Limiting Abolition. 205 A. The Co-Optation Worry. 205 B. Grounding Abolition. 212 C. Abolition as Ideology. 220 III. Reform Is Not a Bad Word. 225... |
2025 |
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| Gregory Antill |
RELUCTANT WRONGDOING, INTENTIONAL WRONGDOING, AND THE CASE FOR REVISING CRIMINAL LAW'S MENS REA HIERARCHY |
113 California Law Review 1585 (October, 2025) |
This Article employs recent philosophical advances in action theory and moral responsibility to critically examine the traditional purpose-knowledge-recklessness-negligence (PKRN) mens rea hierarchy of the Model Penal Code. It is a foundational assumption of the traditional mens rea hierarchy that the commission of intentional harm ought to be... |
2025 |
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REMARKS BY JAMIL DAKWAR, DISCUSSANT |
119 American Society of International Law Proceedings 137 (April 16-April 18, 2025) |
Good evening, everyone. Thank you for inviting me to be the discussant of Professor Achiume's keynote. It's a real pleasure to be here with all of you; it is a bit overwhelming in a time when we are literally fighting for the basic principles of democracy and the rule of law, and for fundamental human rights, that all of you showed up tonight to... |
2025 |
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| Guy Rubinstein |
REMEDYING SELECTIVE ENFORCEMENT |
93 George Washington Law Review 789 (August, 2025) |
Scholars have long regarded the prohibition against racially selective enforcement by the police as a dead letter. Formally, the Supreme Court forbids police officers from stopping or searching individuals based on race. In practice, the traditional evidentiary standard for proving selective enforcement is nearly insurmountable, and successful... |
2025 |
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