| Author | Title | Citation | Summary | Year |
| Ric Simmons |
Terry in the Age of Automated Police Officers |
50 Seton Hall Law Review 909 (2020) |
Robots are now commonplace tools for law enforcement. The current generation of police robots is largely limited to remote-controlled robots that are designed to perform specific tasks, such as search-and-rescue drones and bomb-disposal robots. But the use of robots in law enforcement is likely to increase dramatically in the near future, since; Search Snippet: ...Law Review 2020 Article TERRY IN THE AGE OF AUTOMATED POLICE OFFICERS Ric Simmons [FNa1] Copyright © 2019 by Seton Hall University... |
2020 |
| Matthew Stanford |
The Constitutional Challenges Awaiting Police Reform--and How Congress Can Try to Address Them Preemptively |
11 California Law Review Online 296 (July, 2020) |
The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history; Search Snippet: ...Law Review Online July, 2020 Article THE CONSTITUTIONAL CHALLENGES AWAITING POLICE REFORM--AND HOW CONGRESS CAN TRY TO ADDRESS THEM PREEMPTIVELY... |
2020 |
| Arthur Rizer, Emily Mooney |
The Evolution of Modern Use-of-force Policies and the Need for Professionalism in Policing |
21 Federalist Society Review 114 (May 21, 2020) |
The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the authors. Whenever we publish an article that advocates for a particular position, as here, we offer links to other perspectives on the issue, including ones opposed to the position taken in the article. In this case,; Search Snippet: ...USE-OF-FORCE POLICIES AND THE NEED FOR PROFESSIONALISM IN POLICING Arthur Rizer Emily Mooney [FNa1] Copyright © 2020 The Federalist Society... |
2020 |
| Andres F. Rengifo , Lee Ann Slocum |
The Identity Prism: How Racial Identification Frames Perceptions of Police Contact, Legitimacy, and Effectiveness |
45 Law and Social Inquiry 590 (August, 2020) |
This article examines the role of racial identity in the configuration of opinions about the police. We argue that racial identity links social context to individual valuations of law enforcement, moderating the association between specific encounters and general views on police legitimacy and effectiveness. These propositions are assessed using; Search Snippet: ...and Social Inquiry August, 2020 Article THE IDENTITY PRISM: HOW RACIAL IDENTIFICATION FRAMES PERCEPTIONS OF POLICE CONTACT, LEGITIMACY, AND EFFECTIVENESS Andres F. Rengifo [FNa1] Lee Ann... |
2020 |
| Brandon Garrett , Christopher Slobogin |
The Law on Police Use of Force in the United States |
21 German Law Journal 1526 (December, 2020) |
(Received 09 September 2020; accepted 11 September 2020) Recent events in the United States have highlighted the fact that American police resort to force, including deadly force, much more often than in many other Western countries. This Article describes how the current regulatory regime may ignore or even facilitate these aggressive police; Search Snippet: ...JOURNAL German Law Journal December, 2020 Article THE LAW ON POLICE USE OF FORCE IN THE UNITED STATES Brandon Garrett [FNa1... |
2020 |
| Earl Flood |
The Path Forward on Policing Reform |
56-SEP Trial 58 (September, 2020) |
For eight minutes and 46 seconds, people watched the video of George Floyd's heinous killing at the hands of Minneapolis police officers. It struck an all-too-familiar chord when viewers heard that fateful plea: I can't breathe. Floyd was not alone--along with Eric Garner, Breonna Taylor, Rayshard Brooks, and other recent victims, countless; Search Snippet: ...September, 2020 Department On the Hill THE PATH FORWARD ON POLICING REFORM Earl Flood [FNa1] Copyright © 2020 by the American Association... |
2020 |
| Daanika Gordon |
The Police as Place-consolidators: the Organizational Amplification of Urban Inequality |
45 Law and Social Inquiry 1 (February, 2020) |
Efforts to understand racial inequality in policing often focus on the micro-level, examining the situational dynamics of police-citizen encounters. This Article explores racial inequality in policing from another angle: it asks how the police organization responds to and further constructs the surrounding urban environment. I examine a police; Search Snippet: ...SOCIAL INQUIRY Law and Social Inquiry February, 2020 Article THE POLICE AS PLACE-CONSOLIDATORS: THE ORGANIZATIONAL AMPLIFICATION OF URBAN INEQUALITY Daanika... |
2020 |
| Grace Howard |
The Pregnancy Police: Surveillance, Regulation, and Control |
14 Harvard Law & Policy Review 347 (Summer, 2020) |
A wave of state legislation restricting the right to abortion in 2019 has drawn attention to the contingency of rights of pregnant people. However, the regulation and criminalization of pregnant bodies in the United States began many years before. Drawing from original research in criminal cases, as well as from notable family court hearings,; Search Snippet: ...Policy Review Summer, 2020 The Politics of Pregnancy THE PREGNANCY POLICE: SURVEILLANCE, REGULATION, AND CONTROL Grace Howard [FNa1] Copyright © 2020 by... |
2020 |
| David U. Socol de la Osa |
The State of Murder in Japan and the United States: a Story of Socioeconomic Integration and Police Geography |
41 University of Pennsylvania Journal of International Law 809 (Spring, 2020) |
Japan has uncovered a competitive advantage in murder prevention strategies, as murder rates in the nation are some of the lowest in the world. In Japan, murder rates have been falling consistently since the post-World War II era to reach rates of 0.2 murders per 100,000 people, whereas in the United States these rates have been historically; Search Snippet: ...AND THE UNITED STATES: A STORY OF SOCIOECONOMIC INTEGRATION AND POLICE GEOGRAPHY David U. Socol de la Osa [FNa1] Copyright © 2020... |
2020 |
| Ayesha Bell Hardaway |
The Supreme Court and the Illegitimacy of Lawless Fourth Amendment Policing |
100 Boston University Law Review 1193 (May, 2020) |
For more than half a century, documented police brutality has affected communities of color and the American legal system has largely failed to address it. Beginning with Rizzo v. Goode, Supreme Court decisions have allowed local police departments nearly unlimited discretion in their policies and practices. That decision and others demonstrate; Search Snippet: ...THE SUPREME COURT AND THE ILLEGITIMACY OF LAWLESS FOURTH AMENDMENT POLICING Ayesha Bell Hardaway [FNa1] Copyright © 2020 by The Trustees of... |
2020 |
| Janet C. Hoeffel |
The Warren Court and the Birth of the Reasonably Unreasonable Police Officer |
49 Stetson Law Review 289 (Winter, 2020) |
The Warren Court had a complex relationship with policing. On the one hand, it appeared to act as a regulator of police practice. This was its most public face, popularized in opinions like Miranda v. Arizona. On the other hand, the Warren Court supported discretionary police practices in opinions that, now 50 years later, reveal themselves as the; Search Snippet: ...THE WARREN COURT AND THE BIRTH OF THE REASONABLY UNREASONABLE POLICE OFFICER Janet C. Hoeffel [FNa1] Copyright © 2020 by Janet C... |
2020 |
| Somil Trivedi , Nicole Gonzalez Van Cleve |
To Serve and Protect Each Other: How Police-prosecutor Codependence Enables Police Misconduct |
100 Boston University Law Review 895 (May, 2020) |
Most Americans are rightly enraged when police shoot unarmed civilians, use excessive force, or engage in unethical practices like planting evidence. However, there is little popular understanding and scholarly attention as to why prosecutors fail to charge or otherwise hold officers accountable. This Article offers a novel contribution to the; Search Snippet: ...Police Violence Contribution TO SERVE AND PROTECT EACH OTHER: HOW POLICE-PROSECUTOR CODEPENDENCE ENABLES POLICE MISCONDUCT Somil Trivedi [FNa1] Nicole Gonzalez Van Cleve [FNaa1] Copyright... |
2020 |
| Andrew R. Hairston |
Toward the End of School Policing in Texas and Arkansas |
42 University of Arkansas at Little Rock Law Review 753 (Summer, 2020) |
School policing has existed in regions across the United States for decades. It remains a national problem with a broad impact, exacerbating the school-to-prison pipeline, but the practice is intriguing to study in the South. For the past several decades--through memoranda of understanding between school districts and law enforcement agencies, as; Search Snippet: ...School to Prison Pipelines Article TOWARD THE END OF SCHOOL POLICING IN TEXAS AND ARKANSAS Andrew R. Hairston [FNa1] Copyright © 2020... |
2020 |
| Emanuel Powell |
Unlawful Silence: St. Louis Families' Fight for Records after the Killing of a Loved One by Police |
57 American Criminal Law Review Online 65 (Spring, 2020) |
I did not cry when I learned my cousin Ronnie had been killed by the police. I asked my mom if the family was okay. I asked what happened. She told me they only knew the story the police were telling--that my cousin had inexplicably run out of his house shooting a gun and been shot dead by multiple officers. I told my mother to let me know if she; Search Snippet: ...FOR RECORDS AFTER THE KILLING OF A LOVED ONE BY POLICE Emanuel Powell [FNa1] Copyright © 2020 by American Criminal Law Review... |
2020 |
| Lucius T. Outlaw III |
Unsecured (Black) Bodies: How Baltimore Foreshadows the Dangers of Racially Targeted Dragnet Policing Let Loose by Utah V. Strieff |
50 New Mexico Law Review 25 (Winter, 2020) |
The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights. With this sentence, Justice Sonia Sotomayor unleashes a fierce admonishment of the majority opinion (drafted by Justice Clarence Thomas) in Utah v. Strieff and the majority's lack of; Search Snippet: ...BODIES: HOW BALTIMORE FORESHADOWS THE DANGERS OF RACIALLY TARGETED DRAGNET POLICING LET LOOSE BY UTAH v. STRIEFF Lucius T. Outlaw III... |
2020 |
| Barak Ariel , Renée J. Mitchell , Justice Tankebe , Maria Emilia Firpo , Ricardo Fraiman , Jordan M. Hyatt |
Using Wearable Technology to Increase Police Legitimacy in Uruguay: the Case of Body-worn Cameras |
45 Law and Social Inquiry 52 (February, 2020) |
What are the effects of wearable police cameras on perceptions of the police? In this study, we report causal estimates from a crossover randomized controlled trial in Uruguay on the effects of use of body-worn cameras by traffic police on the perceptions of legitimacy and satisfaction by drivers ticketed for traffic violations. We pay particular; Search Snippet: ...Social Inquiry February, 2020 Article USING WEARABLE TECHNOLOGY TO INCREASE POLICE LEGITIMACY IN URUGUAY: THE CASE OF BODY-WORN CAMERAS Barak... |
2020 |
| Jack T. Vanderford |
Wardlow Revisited: How Media Coverage of Police Brutality Makes Empirical Data More Relevant than Ever |
22 University of Pennsylvania Journal of Constitutional Law 1523 (August, 2020) |
Freddie Gray stood on a street corner in West Baltimore when he made eye contact with a uniformed police officer. Gray ran from the area after seeing the officer, who chased Gray down and forced him to stop by drawing and threatening to use his Taser gun. A video taken by a bystander captures Gray screaming in pain as his arms are handcuffed behind; Search Snippet: ...Law August, 2020 Comment WARDLOW REVISITED: HOW MEDIA COVERAGE OF POLICE BRUTALITY MAKES EMPIRICAL DATA MORE RELEVANT THAN EVER Jack T... |
2020 |
| Cedric L. Alexander |
What Good Policing Looks like |
92-AUG New York State Bar Journal 16 (August, 2020) |
In God we trust, the great statistician W. Edwards Deming famously quipped. All others must bring data. We have a quarter-century of data that shows a sharp decline in the U.S. crime rate between 1993 and 2018: down 51% by the FBI numbers and 71% according to the Bureau of Justice Statistics. By these numbers, we could claim that whatever; Search Snippet: ...JOURNAL New York State Bar Journal August, 2020 WHAT GOOD POLICING LOOKS LIKE Cedric L. Alexander [FNa1] Copyright © 2020 by the... |
2020 |
| Hilary Jochmans |
What's Happening in Washington with Police Reform |
92-AUG New York State Bar Journal 33 (August, 2020) |
In the wake of the horrific killing of George Floyd at the hands of the police, in addition to numerous other instances throughout the country, elected officials in Washington are considering policing reform measures. Motivated by protests throughout the country demanding changes on the use of force, racial and religious bias and national police; Search Snippet: ...Department Hilary on the Hill WHAT'S HAPPENING IN WASHINGTON WITH POLICE REFORM Hilary Jochmans [FNa1] Copyright © 2020 by the New York... |
2020 |
| Benjamin Levin |
What's Wrong with Police Unions? |
120 Columbia Law Review 1333 (June, 2020) |
In an era of declining labor power, police unions stand as a success story for worker organizing--they exert political clout and negotiate favorable terms for their members. Yet, despite support for unionization on the political left, police unions have become public enemy number one for commentators concerned about race and police violence. Much; Search Snippet: ...REVIEW Columbia Law Review June, 2020 Essay WHAT'S WRONG WITH POLICE UNIONS? Benjamin Levin [FNa1] Copyright © 2020 by the Directors of... |
2020 |
| Kelly M. Hogue |
When an Officer Kills: Turning Legal Police Conduct into Illegal Police Misconduct |
98 Texas Law Review 601 (February, 2020) |
Stephon Clark, a twenty-two-year-old Black man, was standing in his grandmother's backyard when he was shot and killed by two Sacramento police officers. Police had been dispatched to investigate a vandalism complaint, and within ten minutes of arriving on the scene, Mr. Clark was dead. The officers had fired their weapons twenty times. Both; Search Snippet: ...Review February, 2020 Note WHEN AN OFFICER KILLS: TURNING LEGAL POLICE CONDUCT INTO ILLEGAL POLICE MISCONDUCT Kelly M. Hogue [FNa1] Copyright © 2020 by Texas Law... |
2020 |
| Kenneth Williams |
Why Police Have a Legal Duty to Provide Medical Aid to People They Shoot |
18 Ohio State Journal of Criminal Law 391 (Fall, 2020) |
Police-involved shootings have become one of the most contentious issues in the United States, especially when the individual shot is African American. I have frequently been asked by different media outlets to offer my opinion on the legality of such shootings. Once I received a different type of request: to watch a video of a police shooting; Search Snippet: ...State Journal of Criminal Law Fall, 2020 Symposium Commentary WHY POLICE HAVE A LEGAL DUTY TO PROVIDE MEDICAL AID TO PEOPLE... |
2020 |
| Antony Barone Kolenc |
23 and Plea: Limiting Police Use of Genealogy Sites after Carpenter V. United States |
122 West Virginia Law Review 53 (Fall, 2019) |
I. Introduction. 54 II. Carpenter, the Fourth Amendment, and DNA Testing. 56 A. Historical Fourth Amendment Analysis and the Carpenter Decision. 57 1. The Dual Track of the Fourth Amendment. 57 2. The Carpenter Decision and Its Potential Impact on Police Action. 60 B. Understanding Genetic Privacy and Genealogy Databases. 62 1. The Promise of DNA... |
2019 |
| Molly Griffard |
A Bias-free Predictive Policing Tool?: an Evaluation of the Nypd's Patternizr |
47 Fordham Urban Law Journal 43 (December, 2019) |
Introduction. 44 I. Background on Predictive Policing. 46 A. A Short History of Predictive Policing. 47 B. Critiques of Predictive Policing and Actuarial Justice. 49 i. Racial Biases. 49 ii. Unchecked Error: Data, Social Science, and Cognitive Biases. 52 1. Data Entry Errors. 53 2. Flawed Social Science. 53 3. Cognitive Biases. 54 iii.... |
2019 |
| Nicholas M. Catania |
A Modern and Psychological Perspective on the Court's Lenient Requirements for a Finding of Qualified Immunity in Cases of Local Police Misconduct and its Effect on the Abuse of Police Discretion |
19 Florida Coastal Law Review 269 (Spring, 2019) |
The men who are to protect the community against violent aggression easily turn into the most dangerous aggressors. They transgress their mandate. They misuse their power for the oppression of those whom they were expected to defend against oppression. The main political problem is how to prevent the police power from becoming tyrannical. This is... |
2019 |
| Cynthia H. Conti-Cook |
A New Balance: Weighing Harms of Hiding Police Misconduct Information from the Public |
22 CUNY Law Review 148 (Winter, 2019) |
Three New York City events in the past two years have demonstrated how hiding information related to police misconduct harms its residents. In April 2016, the New York Police Department (NYPD) eliminated public access to misconduct information by taking down a clipboard in the Deputy Commissioner of Public Information's office that posted... |
2019 |
| Cynthia H. Conti-Cook |
A New Balance: Weighing Harms of Hiding Police Misconduct Information from the Public |
22 CUNY Law Review 148 (Winter, 2019) |
Three New York City events in the past two years have demonstrated how hiding information related to police misconduct harms its residents. In April 2016, the New York Police Department (NYPD) eliminated public access to misconduct information by taking down a clipboard in the Deputy Commissioner of Public Information's office that posted; Search Snippet: ...Interest Practitioner Section A NEW BALANCE: WEIGHING HARMS OF HIDING POLICE MISCONDUCT INFORMATION FROM THE PUBLIC Cynthia H. Conti-Cook [FNd1... |
2019 |
| I. Bennett Capers |
Afrofuturism, Critical Race Theory, and Policing in the Year 2044 |
94 New York University Law Review Rev. 1 (April, 2019) |
In 2044, the United States is projected to become a majority-minority country, with people of color making up more than half of the population. And yet in the public imagination--from Robocop to Minority Report, from Star Trek to Star Wars, from A Clockwork Orange to 1984 to Brave New World--the future is usually envisioned as majority white.... |
2019 |
| I. Bennett Capers |
Afrofuturism, Critical Race Theory, and Policing in the Year 2044 |
94 New York University Law Review 1 (April, 2019) |
In 2044, the United States is projected to become a majority-minority country, with people of color making up more than half of the population. And yet in the public imagination--from Robocop to Minority Report, from Star Trek to Star Wars, from A Clockwork Orange to 1984 to Brave New World--the future is usually envisioned as majority white; Search Snippet: ...New York University Law Review April, 2019 Article AFROFUTURISM, CRITICAL RACE THEORY, AND POLICING IN THE YEAR 2044 I. Bennett Capers [FNa1] Copyright © 2019... |
2019 |
| V. Noah Gimbel , Craig Muhammad |
Are Police Obsolete? Breaking Cycles of Violence Through Abolition Democracy |
40 Cardozo Law Review 1453 (April, 2019) |
On February 5, 2018, Baltimore activists organized a successful cease-fire weekend, during which no one was killed--and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into... |
2019 |
| Richard K. Moule, Jr. , George W. Burruss , Megan M. Parry , Bryanna Fox |
Assessing the Direct and Indirect Effects of Legitimacy on Public Empowerment of Police: a Study of Public Support for Police Militarization in America |
53 Law and Society Review 77 (March, 2019) |
The process-based model dominates contemporary American research on police-community relations and perceptions of police. A sizable literature has examined the linkages between procedural justice, legitimacy, compliance with the law, and cooperation with police. Less examined is the relationship between legitimacy and public empowerment of police.... |
2019 |
| Mitch Zamoff |
Assessing the Impact of Police Body Camera Evidence on the Litigation of Excessive Force Cases |
54 Georgia Law Review 1 (Fall, 2019) |
In the wake of several hotly debated and widely publicized shootings of civilians by police officers, calls for the increased use of body-worn cameras (bodycams) by law enforcement officers have intensified. As police departments across the country expand their use of this emergent technology, courts will increasingly be presented with video; Search Snippet: ...Georgia Law Review Fall, 2019 Article ASSESSING THE IMPACT OF POLICE BODY CAMERA EVIDENCE ON THE LITIGATION OF EXCESSIVE FORCE CASES... |
2019 |
| Jordan Blair Woods |
Autonomous Vehicles and Police De-escalation |
114 Northwestern University Law Review Online 74 (September 9, 2019) |
Several experts predict that autonomous vehicles will become mainstream in the next few decades. Although autonomous vehicles will have massive implications for law enforcement, the technology has received little to no attention in criminal procedure and policing scholarship. This Essay introduces a new vector into the nascent law and... |
2019 |
| Taylor Emory |
Barring Access to the Truth: North Carolina's Limiting Approach to Police Body-camera Footage |
41 Campbell Law Review 483 (Spring, 2019) |
Police body-cameras are innovative, truth-detecting tools. When it comes to controversial citizen-law enforcement interactions, they can depict an accurate portrayal of the events. No speculation, no controversy--just the truth. And with the truth, the existing tension between law enforcement officials and the general populace can begin to ease; Search Snippet: ...BARRING ACCESS TO THE TRUTH: NORTH CAROLINA'S LIMITING APPROACH TO POLICE BODY-CAMERA FOOTAGE Taylor Emory [FNa1] Copyright © 2019 by Campbell... |
2019 |
| Peter Hyndman |
Body Cameras Won't Bring Justice: Why Pennsylvania's Chapter 67a Does Not Promise Police Accountability |
91 Temple Law Review 321 (Winter, 2019) |
On August 9, 2014, Ferguson, Missouri, police officer Darren Wilson shot and killed Michael Brown, an unarmed, black eighteen-year-old. The killing sparked immediate and prolonged protests in Ferguson and elsewhere, with demonstrators taking to the streets to challenge what they viewed as yet another instance of police brutality against people of... |
2019 |
| Tosha Childs |
Building Police-community Trust in Illinois: Will We Ever Get There? An Examination of the Illinois Police and Community Relations Act |
43 Southern Illinois University Law Journal 675 (Spring, 2019) |
The ongoing tension and tragic altercations between law enforcement and community members across the United States has resulted in unfortunate fatalities and an undeniable absence of trust. As a result, on December 18, 2014, President Barack Obama established the Task Force on 21st Century Policing by executive order and charged the task force... |
2019 |
| Adam D. Fine, Kathleen E. Padilla , Julie Tapp , Arizona State University, Irvine, California |
Can Youths' Perceptions of the Police Be Improved? Results of a School-based Field Evaluation in Three Jurisdictions |
25 Psychology, Public Policy, and Law 303 (November, 2019) |
The way police officers interact with individuals fundamentally impacts the public's perceptions of law enforcement. Such perceptions are, in turn, linked to a variety of key outcomes, including crime commission, crime reporting, and the willingness to be a witness. Considering that the way children perceive the police may set the tone for how they; Search Snippet: ...Policy, and Law November, 2019 CAN YOUTHS' PERCEPTIONS OF THE POLICE BE IMPROVED? RESULTS OF A SCHOOL-BASED FIELD EVALUATION IN... |
2019 |
| Renata M. O'Donnell |
Challenging Racist Predictive Policing Algorithms under the Equal Protection Clause |
94 New York University Law Review 544 (June, 2019) |
Algorithms are capable of racism, just as humans are capable of racism. This is particularly true of an algorithm used in the context of the racially biased criminal justice system. Predictive policing algorithms are trained on data that is heavily infected with racism because that data is generated by human beings. Predictive policing algorithms... |
2019 |
| Osagie K. Obasogie , Zachary Newman |
Constitutional Interpretation Without Judges: Police Violence, Excessive Force, and Remaking the Fourth Amendment |
105 Virginia Law Review 425 (April, 2019) |
I. Introduction. 425 II. Endogeneity, the Fourth Amendment, and the Problem of Police Accountability. 428 A. Reasonableness and the Fourth Amendment. 428 B. Legal Endogeneity and Constitutional Law. 430 C. A Lack of Accountability. 434 III. Procedural Justice and Police Violence. 437 A. Divergent Perceptions and Police Mistrust. 437 B. What Is... |
2019 |
| Joshua Thompson , Erin Wilcox |
Contemporary Challenges to Race-based Student Assignment Polices and the Compelling Interests That Justify Them |
11 Alabama Civil Rights & Civil Liberties Law Review 143 (2019) |
Introduction. 145 I. Brown and Remedying De Jure Segregation With All Deliberate Speed. 147 A. A Brief History of Desegregation Orders. 149 B. When Desegregation Orders End. 152 C. Zombie Desegregation Orders. 154 II. Challenging the Remedial Justification for Race-Based Student Assignment Plans. 155 A. When Does a School District's Remedial; Search Snippet: ...Rights & Civil Liberties Law Review 2019 Article CONTEMPORARY CHALLENGES TO RACE-BASED STUDENT ASSIGNMENT POLICES AND THE COMPELLING INTERESTS THAT JUSTIFY THEM Joshua Thompson [FNa1... |
2019 |
| Tracey Maclin |
Cops and Cars: How the Automobile Drove Fourth Amendment Law |
99 Boston University Law Review 2317 (December, 2019) |
This Article discusses Professor Sarah A. Seo's new book, Policing the Open Road: How Cars Transformed American Freedom. I focus on Professor Seo's analyses of Carroll v. United States and Brinegar v. United States. Carroll is important because it was the Court's first car case. Moreover, understanding Carroll (and Brinegar, which solidified and; Search Snippet: ...UNIVERSITY LAW REVIEW Boston University Law Review December, 2019 Article COPS AND CARS: HOW THE AUTOMOBILE DROVE FOURTH AMENDMENT LAW Tracey... |
2019 |
| Sarah A. Seo |
Democratic Policing Before the Due Process Revolution |
128 Yale Law Journal 1246 (March, 2019) |
According to prevailing interpretations of the Warren Court's Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court's decisions during that revolutionary period that enabled discretionary policing. Instead of... |
2019 |
| Dorothy E. Roberts |
Digitizing the Carceral State: Automating Inequality: How High-tech Tools Profile, Police, and Punish the Poor. By Virginia Eubanks. New York, N.y.: St. Martin's Press. 2018. Pp. 260. $26.99 |
132 Harvard Law Review 1695 (April, 2019) |
Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local, state, and federal levels increasingly make automated decisions based on vast collections of digitized information about individuals and mathematical algorithms that both... |
2019 |
| Kate Levine |
Discipline and Policing |
68 Duke Law Journal 839 (February, 2019) |
A prime focus of police-reform advocates is the transparency of police discipline. Indeed, transparency is one of, the most popular accountability solutions for a wide swath of policing problems. This Article examines the transparency cure as it applies to Police Disciplinary Records (PDRs). These records are part of an officer's personnel file... |
2019 |
| Alisa Tiwari |
Disparate-impact Liability for Policing |
129 Yale Law Journal 252 (October, 2019) |
This Note justifies disparate-impact liability for police practices. It develops the first structured analysis of the Safe Streets Act's (SSA's) antidiscrimination power and argues that the SSA imposes disparate-impact liability on police departments. The analysis includes an examination of the statute's text, the historical meaning of... |
2019 |
| Hayden Carlos |
Disqualifying Immunity: How Qualified Immunity Exacerbates Police Misconduct and Why Congress must Destroy it |
46 Southern University Law Review 283 (Spring, 2019) |
The United States is currently in the post-Ferguson era of the fight for civil rights--an era defined by calls for criminal justice reform, police accountability, and radical revolution of law enforcement. This era, much like its predecessors throughout American history, is perpetuated when police are not held accountable for violating... |
2019 |
| Heather Zaykowski, Lena M. Campagna, Erin Cournoyer Allain |
Examining the Paradox of Crime Reporting: Are Disadvantaged Victims More Likely to Report to the Police? |
53 Law and Society Review 1305 (December, 2019) |
This study uses an intersectional approach to examine the paradox that disadvantaged victims often mobilize the police, despite their distrust and lack of confidence in the law. Data from the National Crime Victimization Survey (1994-2016) were analyzed using logistic regression to model the predicted probabilities of police notification by... |
2019 |
| Jonathan Simon |
Explicit Bias: Why Criminal Justice Reform Requires Us to Challenge Crime Control Strategies That Are Anything but Race Blind |
54 Tulsa Law Review 331 (Winter, 2019) |
Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America (Harvard University Press 2017). Pp.464. Paperback $18.95. Nicole Gonzalez Van Cleve, Crook County: Racism and Injustice in America's Largest Criminal Court (Stanford University Press 2016). Pp. 272. Hardcover $16.95. These books rely upon... |
2019 |
| Steven L. Nelson , Ray Orlando Williams |
From Slave Codes to Educational Racism: Urban Education Policy in the United States as the Dispossession, Containment, Dehumanization, and Disenfranchisement of Black Peoples |
19 Journal of Law in Society 82 (Spring, 2019) |
In 2016, Margalynne J. Armstrong considered the following question in the Santa Clara kaw Review: Are we nearing the end of impunity for taking Black lives? She framed her response to this question around issues of police brutality, and she related issues of police brutality to the consistent and persistent racial subjugation of Black peoples in... |
2019 |
| Trevor George Gardner |
Immigrant Sanctuary as the "Old Normal": a Brief History of Police Federalism |
119 Columbia Law Review Rev. 1 (January, 2019) |
Three successive presidential administrations have opposed immigrant-sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular... |
2019 |