| Author | Title | Citation | Summary | Year | key Terms in Title |
| Joel S. Johnson |
AD HOC CONSTRUCTIONS OF PENAL STATUTES |
100 Notre Dame Law Review 73 (November, 2024) |
The Supreme Court construed penal statutes in forty-three cases from the 2013 Term through the 2022 Term. In those cases, the Court tended to adopt narrow constructions, a preference consistent with several substantive canons of construction, such as the rule of lenity and the avoidance of constitutional vagueness concerns. Substantive canons were... |
2024 |
|
| Alexa A. Panganiban |
ADDRESSING THE ROOT CAUSE OF COVID-19 HATE CRIMES AGAINST THE AAPI COMMUNITY: SHIFTING FROM REACTIVE POLICIES TO PREVENTATIVE SOLUTIONS |
32 Journal of Law & Policy 160 (2024) |
While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with... |
2024 |
|
| Dalton Primeaux |
ADJUSTING THE FOCUS: ADDRESSING PRIVACY CONCERNS RAISED BY POLICE BODY-CAMERA FOOTAGE |
27 CUNY Law Review 117 (Winter, 2024) |
Introduction. 117 I. Body Camera Background. 120 A. History and Use of Body Cameras. 121 B. Officer Control of Footage. 124 C. Public Record and the Request Process. 125 D. Evidence and Use by Defense. 128 II. Public Interest in Disclosure. 129 III. Need for Privacy. 132 A. Policies That Protect Privacy. 133 B. Minors in Focus. 136 IV. Finding a... |
2024 |
Yes |
| Susan Bibler Coutin, Walter J. Nicholls |
ADMINIGRATION: CITY-LEVEL GOVERNANCE OF IMMIGRANT COMMUNITY MEMBERS |
49 Law and Social Inquiry 1595 (August, 2024) |
The concept of adminigration provides a much-needed lens in theorizing immigration enforcement, citizenship, and urban geographies. We define adminigration as the governance of immigrant community members through city-level policies and programs, whether or not these explicitly focus on immigrants. Our focus on adminigration involves three... |
2024 |
|
| Adam Davidson |
ADMINISTRATIVE ENSLAVEMENT |
124 Columbia Law Review 633 (April, 2024) |
There are currently over a million people enslaved in the United States. Under threat of horrendous punishment, they cook, clean, and even fight fires. They do this not in the shadow of the law but with the express blessing of the Thirteenth Amendment's Except Clause, which permits enslavement and involuntary servitude as punishment for a crime.... |
2024 |
|
| Richard J. Bonnie |
ADOLESCENTS IN THE JUSTICE SYSTEM: A PROGRESS REPORT ON THE RESTATEMENT OF CHILDREN AND THE LAW |
91 University of Chicago Law Review 383 (March, 2024) |
Professor Elizabeth Scott, the chief reporter of the American Law Institute's (ALI) Restatement of Children and the Law, has often observed that the nation's widespread commitment to juvenile justice reform in the twenty-first century should be grounded in two premises: (1) the laws and practices of the juvenile justice system must be grounded in... |
2024 |
|
| Kristin Henning |
ADVANCING RACIAL JUSTICE THROUGH THE RESTATEMENT OF CHILDREN AND THE LAW: THE CHALLENGE, THE INTENT, AND THE OPPORTUNITY |
91 University of Chicago Law Review 345 (March, 2024) |
The Restatement of Children and the Law explores the regulation of children in four categories: Children in Families, Children in Schools, Children in the Justice System, and Children in Society. Each category surveys the laws that facilitate or guard against the intrusion of the state into the lives of young people. Despite the state's... |
2024 |
|
| Trayce Hockstad, Lawrence Cappello |
AFTER THE AGE OF DISCRETION: POLICING AND PRIVACY IN A WORLD OF AUTOMATED ROADWAY ENFORCEMENT |
98 Saint John's Law Review 13 (2024) |
Our Fourth Amendment attempts to harmonize in fifty-eight words the tenuous, antagonistic relationship between privacy and public safety. These two values appear to be deadlocked in a contentious legal orbit, leaving behind them a trail of fascinating but foreboding jurisprudence in American law. The fundamental need of individuals for spaces of... |
2024 |
Yes |
| Bryan H. Choi |
AI MALPRACTICE |
73 DePaul Law Review 301 (Winter, 2024) |
Should AI modelers be held to a professional standard of care? Recent scholarship has argued that those who build AI systems owe special duties to the public to promote values such as safety, fairness, transparency, and accountability. Yet, there is little agreement as to what the content of those duties should be. Nor is there a framework for how... |
2024 |
|
| April G. Dawson |
ALGORITHMIC ADJUDICATION AND CONSTITUTIONAL AI--THE PROMISE OF A BETTER AI DECISION MAKING FUTURE? |
27 SMU Science and Technology Law Review 11 (Spring/Summer, 2024) |
Algorithmic governance is when algorithms, often in the form of AI, make decisions, predict outcomes, and manage resources in various aspects of governance. This approach can be applied in areas like public administration, legal systems, policy-making, and urban planning. Algorithmic adjudication involves using AI to assist in or decide legal... |
2024 |
|
| Keith Swisher |
ALGORITHMIC JUDICIAL ETHICS |
2024 Wisconsin Law Review 1289 (2024) |
Judges have a brand-new bag--an algorithmic accessory in criminal adjudication. It scores criminal defendants, aiming to inform judges which defendants are likely reoffenders or flight risks and which ones are not. The downsides, however, include that the algorithms score defendants primarily on the basis of other defendants' (mis)conduct and that... |
2024 |
|
| Hon. Carlton W. Reeves, Chair, United States Sentencing Commission, District Judge, U.S. District Court for the Southern District of Mississippi |
ALTERNATIVES TO INCARCERATION AND THE SENTENCING COMMISSION: A CALL FOR PROGRESS THROUGH PARTNERSHIP |
2024 Federal Sentencing Reporter 1072126 (2/1/2024) |
In this piece, I want to discuss where the Sentencing Commission might go in the future during my tenure as Chair. More importantly, I want to discuss how we can achieve that future. Before doing that, I must talk about where we are now, and how we got from the past to the present. In our country's earliest days, imprisonment was not an ordinary... |
2024 |
|
| Mark Jia |
AMERICAN LAW IN THE NEW GLOBAL CONFLICT |
99 New York University Law Review 636 (May, 2024) |
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and... |
2024 |
|
| Christian Ketter |
AN "ASSEMBLAGE" OF OPINIONS: HOW THE COUNTERPOINT OF THE ROBERTS COURT'S SECOND AMENDMENT CASES FIXED INADVERTENCIES IN JOHN MARSHALL'S TREASON DOCTRINE |
51 Rutgers Law Record 200 (Spring, 2024) |
It is admitted that the constitution has prevented many questions as to the doctrine of treason. -Chief Justice John Marshall (Ex Parte Bollman) Every opinion, to be correctly understood, ought to be considered with a view to the case in which it was delivered. -Chief Justice John Marshall (United States v. Burr) [W]e must never forget that it is a... |
2024 |
|
| Joanna C. Schwartz |
AN EVEN BETTER WAY |
112 California Law Review 1083 (June, 2024) |
Introduction. 1083 I. What We Know. 1085 II. How to Reform the Law in Light of What We Know. 1093 III. How to Reform the Law in Light of What We Know About How Hard it is to Reform the Law. 1098 Conclusion. 1106 |
2024 |
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| Lucy Chin |
ANSWERING THE CALL: HOW RECONFIGURATION OF THE NATION'S MENTAL HEALTH CRISIS CALL LINE CAN FACILITATE REIMAGINATION OF COMMUNITY WELL-BEING AND PUBLIC SAFETY |
108 Minnesota Law Review 2643 (May, 2024) |
When the 988 Suicide and Crisis Lifeline went live in Summer 2022, communities across the country began to confront the question of how this new, expanded behavioral health resource would integrate into the country's preexisting, emergency response systems. The program seemed to promise the solution to an increasingly visible problem--as... |
2024 |
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| Sonia M. Gipson Rankin , Melanie Moses , Kathy L. Powers |
AUTOMATED STATEGRAFT: ELECTRONIC ENFORCEMENT TECHNOLOGY AND THE ECONOMIC PREDATION OF BLACK COMMUNITIES |
2024 Wisconsin Law Review 665 (2024) |
Automated traffic enforcement systems disproportionately impact Black communities in the United States. This Essay uncovers a troubling reality: while technologies such as speed cameras and red light cameras are often touted as tools for public safety by the National Highway Safety Transportation Administration, they disproportionately burden Black... |
2024 |
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| Alexis Hoag-Fordjour |
BACK TO THE FUTURE: (RE)CONSTRUCTING INEFFECTIVE ASSISTANCE OF COUNSEL |
58 U.C. Davis Law Review 111 (November, 2024) |
This Article explores a new way of determining ineffective assistance of counsel. Under existing law, a defendant must show that (1) counsel's performance was deficient, and (2) such deficiency resulted in prejudice. Although the right to counsel is a foundational guarantee in criminal proceedings, the ineffectiveness standard fails to adequately... |
2024 |
|
| Alireza Nourani-Dargiri |
BAILING OUT THE PROTESTER |
14 Columbia Journal of Race and Law 977 (August, 2024) |
The United States cash bail system unconstitutionally hinders protest rights enshrined in the First Amendment. Protesting on controversial issues, while protected activity, often risks arrests and other interactions with police. Unfortunately, studies show that protesters of color are arrested at higher rates than white protesters. Cash bail, in... |
2024 |
Yes |
| Gillian Isabelle |
BALANCING THE BURDEN OF QUALIFIED IMMUNITY: HOW TO BETTER ADDRESS THE ORIGINAL INTENTIONS OF THIS LIMITED DEFENSE TO § 1983 CLAIMS |
92 George Washington Law Review Arguendo 95 (October, 2024) |
The doctrine of qualified immunity was born in a time of turmoil in the United States. A Supreme Court-created defense meant to shield government officials from petty lawsuits, qualified immunity has become a highly criticized doctrine. This criticism is representative of the ever-growing concern that government officials, especially police... |
2024 |
Yes |
| Salimah Khoja , Paulina Leyva Hernandez |
BETWEEN A RIVER AND A WALL: AN IMPOSSIBLE CHOICE FOR MIGRANTS LIVING UNDER OPERATION LONE STAR AND S.B. 4 |
27 CUNY Law Review 270 (Summer, 2024) |
In 2023 the Texas legislature passed Senate Bill 4 (S.B. 4), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas's S.B. 4 and Arizona's Senate Bill 1070 (S.B. 1070) were created to... |
2024 |
Yes |
| Daniel S. Harawa |
BETWEEN A ROCK AND A GUN |
134 Yale Law Journal Forum 100 (11/12/2024) |
abstract. The Roberts Court has methodically expanded the scope of Second Amendment rights. But in its first Second Amendment case involving a criminal defendant, United States v. Rahimi, the Court blinked. This Essay examines some of the deeper issues that lurk behind the Court's seemingly inconsistent treatment of Second Amendment rights and what... |
2024 |
|
| Prof. Angela D. Minor, Esq. |
BLACK LIVES STILL MATTER: THE UNCONSTITUTIONALITY OF THE REASONABLENESS STANDARD IN THE DOCTRINE OF QUALIFIED IMMUNITY |
27 University of the District of Columbia Law Review 71 (Spring, 2024) |
Legislative history serves as a tool of argumentation that offers preliminary insight as to why a particular law has been codified, passed, and implemented in society. It is designed to provide extensive background knowledge of the true intentions of the codification of a statute. An examination of the legislative history of the Civil Rights Acts... |
2024 |
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| Abhery Das , Michael Esposito , Hedwig Lee |
BODILY HARM: THE HEALTH CONSEQUENCES OF POLICING IN THE UNITED STATES |
112 California Law Review 1043 (June, 2024) |
In the United States, more than fifty million people have direct contact with police every year. Types of direct contact include pedestrian or traffic stops, traffic accidents, arrests, or resident-initiated events. During these police encounters, approximately one million individuals experience use of force. Annually, an estimated 250,000... |
2024 |
Yes |
| |
BOOK NOTES |
49 Law and Social Inquiry e1 (August, 2024) |
Constitutional Theory and History. 2 Criminal Justice and Social Control. 2 Criminal Justice and Social Control: Incarceration. 3 Criminal Justice and Social Control: Policing. 4 Fieldwork and Positionality. 6 Judicial Power. 6 Jurisprudence and Socio-Legal Theory. 6 Law and the Administrative State. 7 Law and Autocracy. 7 Law and Campaign Finance.... |
2024 |
Yes |
| David M. N. Garavito , Amelia Courtney Hritz , John H. Blume |
CAGED BIRDS AND THOSE THAT HEAR THEIR SONGS: EFFECTS OF RACE AND SEX IN SOUTH CAROLINA PAROLE HEARINGS |
27 University of Pennsylvania Journal of Law and Social Change 99 (2024) |
When most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons... |
2024 |
|
| Tanya Katerí Hernández |
CAN CRT SAVE DEI?: WORKPLACE DIVERSITY, EQUITY & INCLUSION IN THE SHADOW OF ANTI-AFFIRMATIVE ACTION |
71 UCLA Law Review Discourse 282 (2024) |
Just four years after the nation's summer of 2020 protests--sparked by the murder of George Floyd--culminated in a racial reckoning in which many organizations across the country instituted racial equity measures and policies, legislators across the nation are enacting anti-Critical Race Theory (CRT) bans in a seeming backlash to this advocacy for... |
2024 |
|
| Kate Levine |
CAN POLICE MISCONDUCT BE LIMITED? |
85 Ohio State Law Journal Online 11 (2024) |
C1-2Table of Contents I. Introduction. 1 II. Understanding the Scope of Police Criminality. 3 III. Decarceration and Limiting Principles. 9 VI. Conclusion. 13 |
2024 |
Yes |
| Jessica Tilton |
CAN POLICING BE PURGED OF WHITE SUPREMACY? A FIRST AMENDMENT INQUIRY |
45 Mitchell Hamline Law Journal of Public Policy and Practice 179 (Spring, 2024) |
I. Introduction. 181 II. Banning White Supremacy in Law Enforcement is a Concrete and Necessary Step Towards Fix the Evergrowing Distrust in the Institution of Policing.. 186 A. Instances of white supremacist officers terrorizing their communities.. 189 III. The First Amendment Does Not Provide Absolute Protection for Speech from Public Employees..... |
2024 |
Yes |
| Michael O'Hear |
CAN THE EXCESSIVE FINES CLAUSE MITIGATE THE LFO CRISIS? AN ASSESSMENT OF THE CASELAW |
108 Minnesota Law Review 1171 (February, 2024) |
The nation's increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One... |
2024 |
Yes |
| |
CAPITAL PUNISHMENT |
53 Georgetown Law Journal Annual Review of Criminal Procedure 979 (2024) |
Proportionality. Under the Eighth Amendment, which prohibits cruel and unusual punishment, defendants sentenced to death must be convicted of a crime for which the death penalty is a proportionate punishment. Appellate courts routinely analyze the constitutionality of a death sentence through the lenses of both evolving societal views and... |
2024 |
|
| Akin Adepoju |
CAPITAL PUNISHMENT UNMASKED: SHADES OF JUSTICE IN AMERICA'S GRIM THEATER |
67 Howard Law Journal 249 (Spring, 2024) |
At the core of America's story lies a sobering reality: laws, whether overt or masked by neutrality, have been instrumental in upholding white supremacy. The nation's history, legal frameworks, and institutions created a system of hierarchy. Slavery, the Three-Fifths Compromise in the Constitution, and the application of the death penalty are... |
2024 |
|
| Carol Jacobsen, David G. Winter, Abigail J. Stewart |
CARCERAL BACKLASH: THE CASE FOR CHANGING THE COURSE OF WOMEN'S HOMICIDE CONVICTIONS |
31 UCLA Journal of Gender & Law 133 (Summer, 2024) |
Carol Jacobsen is a feminist, artist, writer, political organizer, and professor of Film and Photography, Women and Gender Studies, and Law at the University of Michigan. She is founding director of the Michigan Women's Justice & Clemency Project, a grassroots nonprofit working to free women wrongfully sentenced to life and protesting human rights... |
2024 |
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| Sarah M. Morris |
CARRIE-ING ON: ADVANCING JUSTICE FOR DISABLED PARENTS AFTER COLORADO'S CARRIE ANN LUCAS PARENTAL RIGHTS FOR PEOPLE WITH DISABILITIES ACT |
77 Oklahoma Law Review 195 (Autumn, 2024) |
In 2018, the Colorado legislature declared: (I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children; (II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency... |
2024 |
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| Megan Mills Rash |
CASE BRIEF: CAROLINA YOUTH ACTION PROJECT v. WILSON |
103 North Carolina Law Review Forum 32 (2024) |
In late October of 2015, at Spring Valley High, two young, Black high school students were settling into their seats for their algebra class. Both were unaware that they would be leaving school early in handcuffs and each facing criminal charges for disturbing a school. One of the students, Niya Kenny, remembers being a bit late to class and... |
2024 |
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| Bryan L. Adamson |
CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW'S ACADEMY FOR INCLUSIVE LEADERSHIP DEVELOPMENT: A NEW PEDAGOGY INTEGRATING DIVERSITY, EQUITY, AND INCLUSIVE BELONGING INTO LEGAL EDUCATION |
75 Washington University Journal of Law & Policy 1 (2024) |
This essay outlines the blueprint for The Academy for Inclusive Leadership Development at Case Western Reserve University School of Law. Created in response to the national, racialized police brutality of The Racial Reckoning in summer 2020, The Academy seeks to equip legal professionals and students with tools to identify, assess, and reform... |
2024 |
Yes |
| Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
2024 |
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| Michelle Wilde Anderson |
CENTERING THE STATE IN STATEGRAFT: REFORMING ABUSIVE LOCAL GOVERNMENTS REQUIRES STATE LAW REFORM |
2024 Wisconsin Law Review 621 (2024) |
Ten years have passed since Darren Wilson, an officer of the Ferguson police department in Missouri, killed teenager Michael Brown. The street uprising that followed led to a generation of investigative journalism, federal inquests, civil rights litigation, and legal and policy scholarship that documented local governments engaged in illegal,... |
2024 |
Yes |
| Jason A. Cade |
CHALLENGING THE CRIMINALIZATION OF UNDOCUMENTED DRIVERS THROUGH A HEALTH JUSTICE FRAMEWORK |
41 Wisconsin International Law Journal 325 (Spring, 2024) |
States increasingly use driver's license laws to further policy objectives unrelated to road safety. This symposium contribution employs a health justice lens to focus on one manifestation of this trend--state schemes that prohibit noncitizen residents from accessing driver's licenses and then impose criminal sanctions for driving without... |
2024 |
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| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
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| Shelby Stender |
CIRCUMVENTING THE FOURTH AMENDMENT: THE UNCONSTITUTIONAL NATURE OF GEOFENCE WARRANTS |
2024 Utah Law Review 733 (2024) |
Federal and state law enforcement agencies are using a new tactic for gathering evidence: geofence warrants. These warrants allow law enforcement to gather historical location data collected by third party companies including Google, Facebook, Amazon, and Apple. Armed with a geofence warrant today, law enforcement agencies can track the previous... |
2024 |
Yes |
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
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| Fred O. Smith, Jr. |
CIVIL JUSTICE AND ABOLITION: AN EXERCISE IN DIALECTIC |
112 California Law Review 1057 (June, 2024) |
This Essay delves into an apparent paradox that surfaced during a symposium entitled Section 1983 and Police Use of Force. Two themes were prevalent: one advocating for reforms to legitimize America's criminal legal system and another warning against legitimizing a broken system through such reforms. This duality underscored a legitimacy... |
2024 |
Yes |
| Jeremiah A. Ho |
COLONIZING QUEERNESS |
95 University of Colorado Law Review 889 (2024) |
This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or... |
2024 |
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| Daniel S. Harawa |
COLORING IN THE FOURTH AMENDMENT |
137 Harvard Law Review 1533 (April, 2024) |
C1-2CONTENTS Introduction. 1535 I. Race-ing and (E)race-ing Seizures.. 1540 A. The Reasoning of Courts that Do Not Consider Race. 1542 B. The Reasoning of Courts that Consider Race. 1544 II. Porting Colorblindness to the Fourth Amendment. 1548 A. The Incessant Invocation of Justice Harlan's Dissent. 1548 1. Colorblindness in the Wings: Concurrences... |
2024 |
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| Edward Crane |
COMMONWEALTH v. KAREN K., 491 MASS. 165 (2023) |
104 Massachusetts Law Review 111 (May, 2024) |
Reasonable doubt is often considered to be the most important legal standard in our criminal justice system. Though notoriously difficult to define, the standard is well known by both lawyers and lay people. The prominence of the standard is reflected in popular culture, as it has served as the title for a classic hip-hop album by Jay-Z as well as... |
2024 |
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| Alexis Hoag-Fordjour |
COMMUNITY RESPONSIVE PUBLIC DEFENSE |
92 Fordham Law Review 1309 (March, 2024) |
I. Defining the Terms. 1311 A. Defining the Community. 1312 B. Responding to That Community. 1315 C. Increased Community Action Addressing Injustice. 1318 II. Community Responsiveness in Action. 1321 A. Mindful, Mission-Driven Staffing. 1322 B. Advocacy Outside of the Courtroom. 1325 C. Funding Source Makes a Difference. 1328 III. Benefits and... |
2024 |
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| Chelsea Sissom |
COMPULSORY COLOR-BLINDNESS versus THE FIRST AMENDMENT: PROTECTING CULTURALLY RESPONSIVE INSTRUCTION IN THE AGE OF ANTI-CRITICAL RACE THEORY HYSTERIA |
96 Temple Law Review 471 (Spring, 2024) |
Who knows who might be the target of the well-read man? It appears conservative legislators fear it will be them. In May 2021, the first of a wave of politicians passed laws restricting discussions of race and racism in classrooms across the country. These laws and policies began as a political response to the 2020 racial reckoning in the United... |
2024 |
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| Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley |
COMPUTATIONALLY ASSESSING SUSPICION |
92 University of Cincinnati Law Review 1108 (2024) |
C1-3Contents Introduction. 1109 I. Reasonable Suspicion Can Be Modeled. 1116 A. The Law of Drug Interdiction Stops. 1118 B. The Ill-Defined Reasonable Suspicion Standard. 1123 C. The Potential Benefits of an Automated Standard. 1125 II. Identifying Legally Relevant Factors with Language Models. 1127 A. Developing a List of Suspicious Factors. 1128... |
2024 |
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| David. B. Owens |
CONSENT SEARCHES AS POLICE VIOLENCE |
85 Ohio State Law Journal Online 76 (2024) |
C1-2Table of Contents I. Introduction. 1 A. Consent Searches Must Be Understood in Context of the Spectacle of Police Violence. 2 B. Requests for Consent Are an Expression of Authority (Backed with a Threat of Violence). Can They Ever Be Voluntary?. 8 II. A Proposed Solution: Keep Consent but Make it a Jury Question?. 10 III. Conclusion. 12 |
2024 |
Yes |