| Author | Title | Citation | Summary | Year | key Terms in Title or Summary |
| Daanika Gordon , Associate Professor, Department of Sociology, Tufts University, Medford, MA, United States, Email: daanika.gordon@tufts.edu |
THE BOUNDARIES OF TWENTY-FIRST-CENTURY POLICING |
49 Law and Social Inquiry 2547 (November, 2024) |
Cheng, Tony. The Policing Machine: Enforcement, Endorsements, and the Illusion of Public Input. Chicago: University of Chicago Press, 2024 Phelps, Michelle. The Minneapolis Reckoning: Race, Violence, and the Politics of Policing in America. Princeton, NJ: Princeton University Press, 2024 Sierra-Arévalo, Michael. The Danger Imperative: Violence,... |
2024 |
Yes |
| Thomas J. Miceli, Kathleen Segerson, Department of Economics, University of Connecticut, Storrs, USA |
THE BROKEN-WINDOWS THEORY OF CRIME: A BAYESIAN APPROACH |
80 International Review of Law & Economics 1 (December, 2024) |
JEL Classifications: K14 K42 Key words: Crime law enforcement broken-windows theory The broken-windows theory of crime is based on the idea that aggressive enforcement of petty crimes, like misdemeanors, will have a deterring effect on would-be perpetrators of more serious crimes. This paper develops a model of this theory that depends on three... |
2024 |
Yes |
| Avlana K. Eisenberg |
THE CASE FOR MERCY IN POLICING AND CORRECTIONS |
102 Texas Law Review 1409 (June, 2024) |
One tends to think of mercy as something that judges and chief executives occasionally dole out to convicted offenders. This picture is seriously incomplete. Many others are in a position to be merciful--from police on the street to corrections officers in a prison. In short, anyone who has power to inflict something disagreeable on another person... |
2024 |
Yes |
| Julia Steggerda-Corey |
THE CASE FOR NCAA LIABILITY FOR SPECTATOR RACIAL HARASSMENT OF ATHLETES |
31 Jeffrey S. Moorad Sports Law Journal 1 (2024) |
Introduction. 1 I. The History of Spectator Harassment. 5 A. The NCAA's Role in Supporting & Protecting Athletes. 12 B. The Role of Member Institutions in Supporting & Protecting Athletes. 13 C. The Joint Responsibility of the NCAA & Member Institutions. 17 II. The Athlete Experience. 19 A. Managing Racism. 20 B. Economic Burden. 28 C. The... |
2024 |
|
| Simona Grossi |
THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT'S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER |
14 Columbia Journal of Race and Law 930 (July, 2024) |
This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons. It argues that the Supreme Court's approach, which conflates jurisdictional inquiries with procedural or remedial ones, has significantly... |
2024 |
Yes |
| Daniel L. Hatcher |
THE COMMODIFICATION OF CHILDREN AND THE POOR, AND THE THEORY OF STATEGRAFT |
2024 Wisconsin Law Review 559 (2024) |
Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of... |
2024 |
Yes |
| Margareth Etienne , Richard H. McAdams |
THE CONSEQUENCES AND CONSTITUTIONALITY OF TRAINING POLICE TO BLAME VICTIMS |
66 William and Mary Law Review 467 (November, 2024) |
A common technique in American interrogations is moral minimization, in which investigators excuse or justify the suspect's criminal behavior on moral grounds. A surprising type of moral minimization is explicit victim-blaming, which includes blaming the victim by endorsing negative stereotypes on the basis of gender, race, religion, or sexual... |
2024 |
Yes |
| Ciji Dodds |
THE CONSTITUTION AS A RACIAL CONTRACT |
28 University of Pennsylvania Journal of Law and Social Change 19 (2024) |
Introduction: Eternal Vigilance 19 I. America's Racial Contract 28 A. The Terms of the Agreement 28 B. Principles of Interpretation 31 C. The Subsidiary Slavery Contract 33 D. The Blue Gaze and Racialized Policing: The Criminalization of Black Freedom, Resistance, Insurrection, and Agency 34 II. Animate Capital: The Slave Trade Clause 36 III. A... |
2024 |
Yes |
| Derecka Purnell |
THE COST OF DOING BUSINESS |
112 California Law Review 1107 (June, 2024) |
Berkeley Law's symposium, Section 1983 and Police Use of Force: Building a Civil Justice Framework, asked: How do we reform the law in light of what we know? This Essay offers three responses. Part I provides additional historical context that reconsiders Section 1983 as one of the weakest federal government interventions during Reconstruction,... |
2024 |
Yes |
| Victoria M. Smiegocki , Shem Vinton , Pamela R. Metzger |
THE DIFFERENCE A DA MAKES |
21 Ohio State Journal of Criminal Law 331 (September, 2024) |
During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions. Analyzing qualitative and... |
2024 |
|
| Griffin Edwards , Stephen Rushin |
THE EFFECT OF POLICE QUOTA LAWS |
109 Iowa Law Review 2127 (July, 2024) |
ABSTRACT: This Article examines the effect of state laws restricting the use of police quotas. Police quotas describe the establishment of a predetermined number of traffic stops, citations, or arrests that officers must make within a particular time period. Some police supervisors have historically used quotas to ensure adequate productivity by... |
2024 |
Yes |
| Thomas Ward Frampton , Brandon Charles Osowski |
THE END OF BATSON? RULEMAKING, RACE, AND CRIMINAL PROCEDURE REFORM |
124 Columbia Law Review 1 (January, 2024) |
On January 1, 2022, the Arizona Supreme Court announced the most radical change to the American jury in nearly thirty-five years: the elimination of peremptory strikes. Arizona's move is part of a broader trend of states experimenting with new ways to counter racial exclusion in the selection of juries after decades of federal inaction. Perhaps as... |
2024 |
|
| Ryan Miller |
THE ENDURING VALUE OF THE PAST: WHY HISTORY SUGGESTS THE SUPREME COURT RECONSIDER WATSON, TERRY, AND THE DOCTRINE THAT FOLLOWED |
59 Harvard Civil Rights-Civil Liberties Law Review 465 (Spring, 2024) |
Two of the most important cases in U.S. criminal law, United States v. Watson and Terry v. Ohio, should be revisited according to the jurisprudence of late eighteenth-century America, when the Fourth Amendment came to be. This Note opens by comparing Kames's Historical Law-Tracts and Eden's Principles of Penal Law to illustrate contemporary... |
2024 |
|
| Paul R. Tremblay |
THE ETHICS OF HONORING LAW IN ACTION |
37 Georgetown Journal of Legal Ethics 231 (Spring, 2024) |
Legal Realists and jurisprudential scholars have long recognized the importance of the gap between law on the books and law in action. Their insights about the gap inform effective practice by lawyers serving their clients. But the gap also presents a challenge to those lawyers who commit to an internal perspective about the law, accepting that law... |
2024 |
|
| Ciji Dodds |
THE EXIGENCIES OF BLACK EXISTENCE: THE BLUE GAZE, THE STATE OF EXCEPTION, & RACIALIZED POLICING IN CARCERAL INTERNAL COLONIES |
104 Boston University Law Review 233 (February, 2024) |
I. The Blue Gaze. 241 II. The Racialized State of Exception. 245 III. Carceral Internal Colonies. 255 A. Legal Black Holes. 256 B. The Carceral Space: Residential Segregation & Hypersegregation. 257 C. Racialized Policing as Governance. 262 1. Anomic Violence. 263 2. Status-Oriented Violence. 264 3. Juridical Violence. 265 4. The Absence of... |
2024 |
Yes |
| Beth A. Colgan, Jean Galbraith |
THE FAILED PROMISE OF INSTALLMENT FINES |
172 University of Pennsylvania Law Review 989 (March, 2024) |
In the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to immediately pay off their fines and fees. The Court suggested that states could instead put defendants on installment payment plans. As this Article shows, this suggestion came against a backdrop of impressive... |
2024 |
|
| Thomas Ward Frampton |
THE FIRST BLACK JURORS AND THE INTEGRATION OF THE AMERICAN JURY |
99 New York University Law Review 515 (May, 2024) |
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like Strauder v. West Virginia (1880). Legal scholars and historians unanimously report that free people of color did not serve as jurors, in either the North or South, until 1860. In fact, this Article... |
2024 |
|
| David Gray |
THE FOURTH AMENDMENT STATE AGENCY REQUIREMENT: SOME DOUBTS |
109 Iowa Law Review 1487 (May, 2024) |
ABSTRACT: The state agency requirement holds that the Fourth Amendment restricts the conduct of the Federal Government and the States; [but] does not apply to private actors. As Justice Alito has pointed out, this rule dramatically limits the capacity of the Fourth Amendment to protect the security of the people . against unreasonable searches... |
2024 |
|
| Wayne A. Logan |
THE HARMS OF HEIEN: PULLING BACK THE CURTAIN ON THE COURT'S SEARCH AND SEIZURE DOCTRINE |
77 Vanderbilt Law Review 1 (January, 2024) |
In Heien v. North Carolina, the Supreme Court held that individuals can be seized on the basis of reasonable police mistakes of law. In an opinion authored by Chief Justice Roberts, the eight-Justice majority held that the Fourth Amendment's prohibition of unreasonable seizures does not bar legally mistaken seizures because [t]o be reasonable is... |
2024 |
Yes |
| Hannah Bloch-Wehba |
THE IDEOLOGY OF PRESS FREEDOM |
14 UC Irvine Law Review 1 (January, 2024) |
This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom,... |
2024 |
|
| Sharon Fairley |
THE IMPACT OF CIVILIAN INVESTIGATIVE AGENCY RESOURCES ON THE TIMELINESS OF POLICE MISCONDUCT INVESTIGATIONS |
26 NYU Journal of Legislation and Public Policy 563 (2023-2024) |
As many cities and counties turn to civilian oversight of law enforcement to enhance accountability, resource allocation is a critical issue with which police reform advocates, oversight entity administrators, and political leaders struggle almost every budget cycle. Resources are tremendously important in this context. Historically, lack of... |
2024 |
Yes |
| Sydney Baker , Emily Haney-Caron , Keisha April , Johanna Hellgren |
THE IMPACT OF RACE ON PREDICTORS OF PARENTS' ADVICE TO CHILDREN REGARDING MIRANDA WAIVERS |
30 Psychology, Public Policy, and Law 288 (August, 2024) |
Judges often use parental presence to support the validity of youth Miranda waivers, despite a lack of supporting research. Research on factors that influence parents' behavior during youth interrogation is limited and does not account for the impact of race. The current study involved presenting 763 parents with vignettes in which their child was... |
2024 |
|
| Lisa V. Martin |
THE IMPORTANCE OF CIVIL PATHWAYS TO PROTECTION ORDERS |
113 Georgetown Law Journal 121 (October, 2024) |
Civil protection orders (CPOs) were created in part to offer legal protections from domestic violence for those who do not want police or other criminal justice interventions. For CPOs to fulfill this function, people must be able to access CPOs outside of criminal processes. The study presented by this Article shows that in some rural communities,... |
2024 |
Yes |
| Stephen Rushin |
THE IMPORTANCE OF POLICING |
76 South Carolina Law Review 133 (Autumn, 2024) |
This Article argues that, if effectively regulated, policing represents a fundamentally important social institution that advances the community interest in public safety, justice, equality, and the rule of law. In recent years, a significant and growing body of legal scholarship has called for the shrinking of police responsibilities, the... |
2024 |
Yes |
| Adam B. Cox |
THE INVENTION OF IMMIGRATION EXCEPTIONALISM |
134 Yale Law Journal 329 (November, 2024) |
American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law's exceptionalism is widely believed to flow directly from the Supreme Court's invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that... |
2024 |
|
| Vivian D. Wesson |
THE INVERTED 'V' PROBLEM--AFTER THE OUTRAGE OVER POLICE BRUTALITY AGAINST BLACK VICTIMS, WHERE ARE THE REFORMS? |
96-FEB New York State Bar Journal 27 (January/February, 202) |
Rodney King. Amadou Diallo. Michael Brown. Eric Garner. Breonna Taylor. Over the past 30 years, instances of police use of force against Black people have sparked public outrage and triggered discussions about racial discrimination, justice and police reform. Following each incident, an immediacy to act, to change and to redress was featured... |
2024 |
Yes |
| Farhang Heydari |
THE INVISIBLE DRIVER OF POLICING |
76 Stanford Law Review 1 (January, 2024) |
Abstract. This Article connects the administrative state and the criminal system--two dominant modes of governance that too often are discussed in isolation. It presents an original account of how the policies and the failures of federal administrative agencies drive criminal law enforcement at the local level. In doing so, this Article exposes a... |
2024 |
Yes |
| Eldar Haber |
THE LAW OF THE TROJAN HORSE |
57 U.C. Davis Law Review 1667 (February, 2024) |
The use of malware in criminal investigations might be expanding. While police hacking is often publicized as used almost solely against pedophiles on the Dark Web, revelations from Israel on extensive police use of malware for a variety of criminal suspects might suggest that more intrusive forms of police hacking may emerge anywhere. Equipped... |
2024 |
Yes |
| Cecilia Menjívar |
THE LONG ARM OF LIMINAL IMMIGRATION LAWS |
110 Iowa Law Review Online 51 (2024) |
ABSTRACT: Stumpf and Manning's Article, Liminal Immigration Law, explains the origin, mechanisms, and persistence of liminal laws in three cases they analyze: DACA, immigration detainers, and administrative closure. Their analysis unearths key similarities across these cases: the stickiness and robustness of liminal rules, their transitory... |
2024 |
|
| Stevie J. Swanson |
THE METAMORPHOSES OF RACIAL DISCRIMINATION IN AMERICAN REAL ESTATE |
42 Minnesota Journal of Law & Inequality 183 (Summer, 2024) |
Many students come to law school hoping to obtain the skills to make the world a better place. Figuring out the best way to effectuate positive change begins with understanding the past. It is impossible to fully comprehend the present racial disparities in American real estate without clarity about past injustices. This Article focuses on aspects... |
2024 |
|
| Christopher Slobogin |
THE MINIMALIST ALTERNATIVE TO ABOLITIONISM: FOCUSING ON THE NON-DANGEROUS MANY |
77 Vanderbilt Law Review 531 (March, 2024) |
In The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics, published in the Harvard Law Review, Thomas Frampton proffers four reasons why those who want to abolish prisons should not budge from their position even for offenders who are considered dangerous. This Essay demonstrates why a criminal law minimalist approach to prisons and... |
2024 |
|
| Marc Consalo |
THE MODEL LAW ENFORCEMENT OFFICER AND OTHER FIRST RESPONDER'S DEFLECTION ACT: A NATIONAL BLUEPRINT FOR CREATING SUCCESSFUL DEFLECTION PROGRAMS ACROSS THE COUNTRY |
92 UMKC Law Review 555 (Spring, 2024) |
In terms of our criminal justice system, the idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not relatively new. In 1947, the Judicial Conference of the United States met to make recommendations for the first... |
2024 |
Yes |
| Nicholas J. Johnson |
THE MODERN ORTHODOXY IS A FAILED EXPERIMENT: TOWARD A RACE SENSITIVE, HARD LOOK AT FIREARMS POLICY AND THE BLACK COMMUNITY |
14 UC Irvine Law Review 1209 (October, 2024) |
This article extends the work on firearms and the Black community through an expanded critique of Black allegiance to the progressive gun control agenda. I have argued that this modern orthodoxy is at odds with the history of, and longstanding justifications for, Black distrust of the state. This article extends that argument in light of more... |
2024 |
|
| Katheryn Russell-Brown |
THE MULTITUDINOUS RACIAL HARMS CAUSED BY FLORIDA'S ANTI-DEI AND "STOP WOKE" LAWS |
51 Fordham Urban Law Journal 785 (March, 2024) |
Since 2021, Florida has passed legislation that radically redefines how educators address race-related topics in the university classroom. Two laws in particular, House Bill 7 (HB 7 or the Stop WOKE Act) and Senate Bill 266 (SB 266), which outlaws diversity, equity, and inclusion (DEI) programs at Florida universities, have led the charge. The... |
2024 |
|
| Elizabeth Langston Isaacs |
THE MYTHOLOGY OF THE THREE LIARS AND THE CRIMINALIZATION OF SURVIVAL |
42 Yale Law and Policy Review 427 (Spring, 2024) |
There is nothing new about the legal system discounting the credibility of women, people of color, and people behind bars. Historically, the mythology of these three liars has given rise to evidentiary rules that equate female chastity with truthfulness, and Blackness (or its proxy--a criminal record) with dishonesty. Examples include the... |
2024 |
|
| Jacob D. Charles , Darrell A.H. Miller |
THE NEW OUTLAWRY |
124 Columbia Law Review 1195 (May, 2024) |
From subtle shifts in the procedural mechanics of self-defense doctrine to substantive expansions of justified lethal force, legislatures are delegating larger amounts of violence work to the private sphere. These regulatory innovations layer on top of existing rules that broadly authorize private violence--both defensive and offensive--for... |
2024 |
|
| Priscilla A. Ocen |
THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING |
29 National Black Law Journal 35 (2024) |
This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... |
2024 |
Yes |
| Colleen V. Chien , William A. Sundstrom , Yabo Du , Akhil Raj , Bennett Cyphers , Rayna Saron |
THE PAPER PRISONS RACIAL JUSTICE ACT DATA TOOL |
29 Berkeley Journal of Criminal Law 29 (2024) |
The California Racial Justice Act provides a novel basis for challenging racial disparities in charging, conviction, and sentencing, even in the absence of explicit intent to discriminate. However, the lack of accessible data demonstrating a significant difference in outcomes for similarly situated defendants across racial groups has hindered... |
2024 |
|
| Emily M. Puckett |
THE PARADOX OF BARRING EARLY-RELEASE DEFENDANTS FROM SECTION 1983 RELIEF |
112 Kentucky Law Journal 163 (2023-2024) |
Table of Contents. 163 Introduction. 164 I. The Circuit Split Following Heck and Spencer. 167 A. Application of the Heck Bar. 168 i. The Souter Approach. 169 ii. The Heck Dicta Approach. 170 1. Favorable Termination. 170 II. Status of Heck after McDonough and Thompson. 172 III. A Way Out of Heck's Upside-Down Paradox. 173 A. Issues Prompting the... |
2024 |
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| Enrique Alvear Moreno |
THE PARADOX OF SANCTUARY: HOW PUNITIVE EXCEPTIONS CONVERGE TO CRIMINALIZE AND PUNISH LATINOS/AS |
49 Law and Social Inquiry 2466 (November, 2024) |
(Received 09 August 2022; revised 18 May 2023; accepted 23 October 2023; first published online 18 September 2024) Sanctuary cities define themselves as metropoles that refuse to share information, personnel, and facilitieswith federal immigration authorities to police immigrants. While research suggests that sanctuary cities contest the... |
2024 |
Yes |
| Jasmine E. Harris |
THE POLITICAL ECONOMY OF CONSERVATORSHIP |
71 UCLA Law Review 1364 (December, 2024) |
Conservatorship, though viewed as a private law device, has always operated as a tool of public governance, social control, and resource extraction through the manipulation of the legal category of disability. This Article places a well-accepted Anglo-American history of conservatorship in probate law in conversation with its historical deployment... |
2024 |
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| Russell M. Gold |
THE PRICE OF CRIMINAL LAW |
56 Arizona State Law Journal 841 (Summer, 2024) |
Should tax dollars pay for more criminal law, better public schools, or a new community center? Different counties will answer the question differently, but facing these tradeoffs is profoundly important to democratic governance. Nonetheless, because the criminal legal system diffuses power and hides and offloads costs, officials and voters do not... |
2024 |
|
| Shawn E. Fields |
THE PROCEDURAL JUSTICE INDUSTRIAL COMPLEX |
99 Indiana Law Journal 563 (Winter, 2024) |
The singular focus on procedural justice police reform is dangerous. Procedurally just law enforcement encounters provide an empirically proven subjective sense of fairness and legitimacy, while obscuring substantively unjust outcomes emanating from a fundamentally unjust system. The deceptive simplicity of procedural justice - that a polite cop is... |
2024 |
Yes |
| Taonga Leslie , Claire Comey |
THE PROMISE OF LIVED EXPERIENCE: ASSESSING RACE AND MERIT AFTER SFFA |
20 Northwestern Journal of Law & Social Policy 58 (Fall, 2024) |
70 years after Brown, students of color remain underrepresented in U.S. colleges and universities and in professions like law, medicine, business, and academia, which, in turn, drives inequitable social and economic outcomes. Recent Supreme Court decisions threaten to further exacerbate this inequity by preventing schools from considering race when... |
2024 |
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| Maria I. A. Oliveira |
THE PROSECUTORIAL ETHICS OF INVESTIGATING POLICE SHOOTINGS WHILE ACCEPTING CAMPAIGN CONTRIBUTIONS FROM POLICE UNIONS |
112 California Law Review 1461 (August, 2024) |
This Note is concerned with the unique conflict of interest presented when a prosecutor who accepts campaign contributions from a police union is responsible for investigating police shootings or other officer misconduct. It approaches the question by first analyzing the American Bar Association Model Rules of Professional Conduct, the American Bar... |
2024 |
Yes |
| Guy Rubinstein |
THE PROSECUTOR-ORIENTED EXCLUSIONARY RULE |
65 Boston College Law Review 1755 (May, 2024) |
Introduction. 1756 I. Suppressing Evidence to Deter Police Misconduct: Evolution and Critique. 1762 A. Deterrence of Police Misconduct as the Exclusionary Rule's Lone Justification. 1763 B. Critiques of the Exclusionary Rule's Asserted Deterrent Effect. 1766 1. Police Officers Often Care Little About Suppression of Evidence. 1767 2. Police Officers... |
2024 |
Yes |
| Kindaka Sanders |
THE RED PILL: CRITICAL RACE THEORY, OSTRICH LAWS, AND THE 14TH AMENDMENT RIGHT TO FREE AND EQUAL THOUGHT AND DIGNITY |
55 Saint Mary's Law Journal 147 (2024) |
I. Introduction. 148 II. Critical Race Theory. 157 III. Ostrich Laws. 164 IV. The Enlightenments. 170 A. The European Enlightenment. 170 B. American Enlightenment. 177 C. Freemasonry and the Founding Fathers. 190 V. The American Matrix. 204 VI. The First Amendment Right to Receive Information. 210 VII. Fourteenth Amendment Right to Free and Equal... |
2024 |
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| Elizabeth Kukura |
THE RELATIONSHIP BETWEEN DEMEDICALIZATION AND CRIMINALIZATION IN REPRODUCTIVE HEALTH |
34 Health Matrix: Journal of Law-Medicine 217 (2024) |
C1-2Contents I. INTRODUCTION. 217 II. UNDERSTANDING THE JACKSON FAMILY'S STORY. 224 A. Through the Lens of Demedicalization. 224 1. Demedicalizing Perinatal Care. 224 2. Demedicalizing Newborn Care. 233 B. Through the Lens of Criminalization. 239 III. DEMEDICALIZATION IN CONTEXT. 243 A. Defining Demedicalization as a Social Phenomenon. 244 B.... |
2024 |
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| Brandon L. Garrett , Cynthia Rudin |
THE RIGHT TO A GLASS BOX: RETHINKING THE USE OF ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE |
109 Cornell Law Review 561 (March, 2024) |
Artificial intelligence (AI) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a black box. Designers create AI models too complex for people to understand or they conceal how... |
2024 |
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| Sean A. Hill II |
THE RIGHT TO VIOLENCE |
2024 Utah Law Review 609 (2024) |
Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe... |
2024 |
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