AuthorTitleCitationSummaryYearkey Terms in Title
Ric Simmons LEGAL VIGILANTES 61 American Criminal Law Review 157 (Spring, 2024) Recent years have seen a series of high-profile cases of private individuals using lethal force in their purported attempts to enforce the criminal law. But these self-appointed private enforcers, such as Kyle Rittenhouse or the killers of Ahmaud Arbery, are only the most extreme cases of a vast amount of vigilante activity that occurs in the... 2024  
Abel Rodríguez LETHAL IMMIGRATION ENFORCEMENT 109 Cornell Law Review 465 (January, 2024) Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clintonera policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths... 2024  
Kristen Paige Green LETTERS TO SOLEIL: REPRODUCTIVE REPARATIONS AS BLACK MATERNAL JUSTICE 112 Georgetown Law Journal 1543 (June, 2024) C1-3Table of Contents L1-2Introduction . L31544 I. State of Black Maternal Mortality. 1546 a. state of black pregnancy. 1547 b. state of black childbirth. 1550 c. state of black postpartum. 1552 II. Maternity and Misogynoir. 1554 a. othering the black mother. 1554 b. labeling the black mother. 1556 c. commodifying the black mother. 1560 III. Modern... 2024  
Sarah Ryan LIBERTY AND EQUALITY UNDER THE FIRST AMENDMENT: SCRUTINIZING BOOK BANS THROUGH AN EQUAL PROTECTION FRAMEWORK 90 Brooklyn Law Review 299 (Fall, 2024) The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers and no buyers. In May of 2022, Vicki Baggett, a language arts teacher, submitted a Request for the Reconsideration of Educational Media, objecting to the use... 2024  
Sandra Wachter LIMITATIONS AND LOOPHOLES IN THE EU AI ACT AND AI LIABILITY DIRECTIVES: WHAT THIS MEANS FOR THE EUROPEAN UNION, THE UNITED STATES, AND BEYOND 26 Yale Journal of Law and Technology 671 (2024) Predictive and generative artificial intelligence (AI) have both become integral parts of our lives through their use in making highly impactful decisions. AI systems are already deployed widely--for example, in employment, healthcare, insurance, finance, education, public administration, and criminal justice. Yet severe ethical issues, such as... 2024  
Nadav Shoked LOCAL IN A PECULIAR WAY: THE POLICE FORCE IN AMERICAN LAW 172 University of Pennsylvania Law Review 1291 (April, 2024) This Article sets out to pinpoint the locus of control over the police. Running the police force is one of the most important tasks assigned to local governments in America. Yet heretofore policing has not been analyzed through the lens of local government law. Through a review of state statutes, this Article reveals that the reigning notion that... 2024 Yes
Zygmont Pines Magical Thinking and Appearance-Based Recusal 13 British Journal of American Legal Studies 67 (Spring, 2024) This article is a critical analysis of a fundamental judicial ethic, the appearance of impartiality, an increasingly important public issue that is poorly understood and woefully underexamined in jurisprudence and academic literature. The ethic is pivotal to the determination of judicial disqualification, a/k/a recusal, and the public's fragile... 2024  
Laura Molik MARTIN SOSTRE--ENEMY OF THE STATE 42 Minnesota Journal of Law & Inequality 125 (Spring, 2024) L1-2Table of Contents Introduction--Remembering Martin Sostre. 125 I. From the Army to Attica. 137 II. The Pro Se Prisoner. 141 III. The Buffalo Bookstores. 146 IV. The Motley Cases. 155 Conclusion--Sostre's Living Legacy. 175 2024  
Prithika Balakrishnan MASS SURVEILLANCE AS RACIALIZED CONTROL 71 UCLA Law Review 478 (July, 2024) Incarceration has become the norm for those who assert their innocence. A staggering number of defendants are incarcerated prior to the adjudication of their cases--a reality that has become a central paradox of an American criminal justice system which holds axiomatic the presumption of innocence. Recent attempts to address pretrial mass... 2024  
Felicia Mulholland MENTAL HEALTH IN PRISON: THE UNINTENDED BUT CATASTROPHIC EFFECTS OF DEINSTITUTIONALIZATION 39 Touro Law Review 363 (2024) The degree of civilization in a society can be judged by entering its prisons. --Fyodor Dostoevsky Prisons and jails are not adequately equipped to manage the ever-growing population of mentally ill inmates. Despite deinstitutionalization efforts, prisons have steadily become the new psychiatric hospitals and unfortunately, because of the lack of... 2024 Yes
Marcia M. Ziegler MENTAL HEALTH RESPONSE TO 911 CALLS: DEFUNDING THE POLICE, NOW WITH ALL OF THE DANGER AND NONE OF THE PROTECTION 27 University of the District of Columbia Law Review 111 (Spring, 2024) On January 2, 2023, Sassie Smith walked six blocks from her home to a Los Angeles Police Department (LAPD) station to get help for her husband. Takar Smith, having been previously diagnosed with schizophrenia, was talking to himself and making nonsensical remarks, a sign that he was having an episode and needed intervention. Sassie intended to... 2024 Yes
Alison J. Kanosky , Department of American Studies, California State University, Fullerton, USA MILITARIZED POLICING IN THE HINTERLANDS: A BLACKWATER TRAINING GROUND AND THE CULTURAL CONCEPTIONS OF SECURITY 47 PoLAR: Political and Legal Anthropology Review 135 (November, 2024) Research in recent decades shows that private military and security contractors have reshaped the tenor and reach of US military power abroad while also accelerating the militarization of domestic policing. Previous work on militarized policing has primarily centered on urban environments. This article examines Blackwater North, a facility in a... 2024 Yes
Paul J. Larkin , Charles D. Stimson , Thomas W. Spoehr MILITARY NECESSITY AND RACIAL DISCRIMINATION 22 Georgetown Journal of Law & Public Policy 547 (Summer, 2024) C1-3Table of Contents L1-2Introduction . L3548 I. The Military Service Academies' Admissions Policies. 552 A. The Federal Service Academies. 552 B. Oversight and Admissions. 555 C. Nominations and Appointments to Military Academies. 556 D. Admission to the USCGA and USMMA. 559 E. Additional Rules Requiring Race as a Consideration. 560 II. The... 2024  
Yoav Sapir , Guy Rubinstein MINIMALIST CRIMINAL COURTS 101 Washington University Law Review 1955 (2024) For many penal abolitionists, criminal courts have been complicit in mass incarceration. This Article argues that, unlike abolitionists, criminal justice minimalists should consider criminal courts part of the solution rather than the problem. Minimalist scholars have focused on advancing wide-scale public policy proposals, such as extensive... 2024  
Alexandra Natapoff MISDEMEANOR DECLINATION: A THEORY OF INTERNAL SEPARATION OF POWERS 102 Texas Law Review 937 (April, 2024) Millions of times every year, American prosecutors make the all-important decision whether to decline or file formal criminal charges after police have made an arrest. This declination decision determines whether an arrest will become a full-fledged criminal case and thus whether an individual arrestee will become a defendant. It establishes the... 2024 Yes
Julia Feron MISSING THE MARK: HOW MIRANDA FAILS TO CONSIDER A MINOR'S MIND 52 Hofstra Law Review 785 (Spring, 2024) A teenage boy from Brooklyn was arrested and taken to an interrogation room. There, with his mother present, a police officer read him his Miranda rights and asked him if he wanted to talk. The boy very clearly answered: No. The officer then left the room briefly. Upon returning, the officer asked the boy's mother if she wanted to ask the boy... 2024 Yes
Angela Onwuachi-Willig MOVING BEYOND STATEMENTS AND GOOD INTENTIONS IN U.S. LAW SCHOOLS 75 Alabama Law Review 691 (2024) Introduction. 692 I. The Challenges to Becoming Antiracist Institutions. 699 II. Building the Pathway to Antiracist Lawyering. 709 Conclusion. 714 2024  
Harvey Gee MOVING FORWARD TOGETHER: ASIAN AMERICANS AND ALLYSHIP IN A NON-BLACK-AND-WHITE AMERICA 58 University of San Francisco Law Review 172 (2024) Last term, the U.S. Supreme Court overturned four decades of precedent when it effectively ended the use of affirmative action in the historical decision Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA v. Harvard). A 6-3 conservative supermajority held that the admissions programs used by Harvard College and the... 2024  
Joseph Hummel MUSIC OF THE LAW: A WIGMORIAN PLAYLIST FOR A MODERN ERA 59 Tulsa Law Review 301 (Spring, 2024) I. Introduction. 302 II. The Evolution of law and Literature and Music's Place (or Lack Thereof) Within It. 303 III. Music and its Relation to the Law. 312 A. Music and the Law. 312 B. But after all, what is served by such a list?. 314 i. The Law Governing Music, and the Music Governing Law. 314 ii. Justifications and Professional Goals:... 2024  
Daniel W. Xu NARROWING THE POLICE ACCOUNTABILITY GAP IN CIVIL RIGHTS PROSECUTIONS 73 Emory Law Journal 961 (2024) The absence of police accountability has never been more visible. High-profile police brutality has resulted in high-profile disappointment, where culpable officers walk away undisciplined, unprosecuted, and undeterred from committing the same atrocity again. Such impunity has exposed longstanding deficiencies within the United States' two-tiered... 2024 Yes
Cynthia Alkon NEGOTIATING POLICE REFORM 93 Mississippi Law Journal 1053 (2024) Introduction. 1053 I. The Simulation. 1055 A. The Basics. 1055 B. Roles Assignments and Preparation:. 1055 C. Logistics:. 1057 D. Written Assignment. 1059 II. What Types of Classes Could Use This Simulation?. 1059 III. Background Information. 1060 IV. How Has it Worked?. 1060 A. Multi-Party Negotiations are Complex Negotiations. 1061 B. The... 2024 Yes
Ndjuoh MehChu NEITHER COPS NOR CASEWORKERS: TRANSFORMING FAMILY POLICING THROUGH PARTICIPATORY BUDGETING 104 Boston University Law Review 73 (February, 2024) A caseworker makes a home visit to a poor Black family under the guise of protecting the children in the household from suspected neglect. The caseworker investigates. They search the premises without a warrant, as the Fourth Amendment's restraints do not apply to them, even though they are state actors who replicate police power. The family's four... 2024 Yes
Nino C. Monea NEXT ON THE CHOPPING BLOCK: THE LITIGATION CAMPAIGN AGAINST RACE-CONSCIOUS POLICIES BEYOND AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS 33 Boston University Public Interest Law Journal 1 (Winter, 2024) Abstract. 4 Introduction. 4 I. The Legal Landscape. 6 A. University Admissions Precedent. 6 B. Other Affirmative Action Precedent. 8 C. Major Anti-Discrimination Laws. 8 D. The Plaintiffs. 10 II. Common Contested Issues in Affirmative Action Litigation. 14 A. Standing. 14 1. Injury. 14 2. Redressability. 16 3. Ripeness. 17 4. Mootness. 18 B.... 2024  
Colleen Murphy , Lesley Wexler NON-STATE PUNISHMENT 2024 University of Illinois Law Review 819 (2024) How should we think about the Jewish community's punishment of Jewish kapos, councilmembers, and police officers after the Holocaust? Or of Americans who fire, divorce, or shun participants in the January 6 attempted auto-coup? In the American context, the invocation of cancel culture or wokeness' reflects concern about the defensibility of... 2024 Yes
Emily M.S. Houh OHIO: A CASE STUDY IN SUBNATIONAL AUTHORITARIANISM 16 Drexel Law Review 713 (2024) Since 2021, legislators and school board members in Ohio have continuously introduced, proposed, or adopted a barrage of measures aimed at restricting what can be taught in K-12 and higher education institutions. This article contextualizes the attacks in Ohio on higher education specifically in a national and global context; closely analyzes the... 2024  
Jessica M. Eaglin ON "COLOR-BLIND" AND THE ALGORITHM 112 Georgetown Law Journal 1385 (June, 2024) Earthling? I jump and bump my head on the underside of a bookshelf. It is a quiet Monday in late summer, right before the start of the school year. I am unpacking boxes of books. To suggest that I am distracted would be an understatement. Yet, when I hear that airy call behind me, I know who it is. AJ, hello, I call out as I turn to open yet... 2024  
Etienne C. Toussaint ON THE CULTIVATION OF BLACK LETTER LAW 124 Columbia Law Review Forum 151 (11/14/2024) Engaging with the sociocultural dimensions of race and racism across U.S. history is essential when creating, critiquing, and reforming the law. Building on Robin West's exploration of the law and culture movement, this Piece introduces a novel hermeneutic project that reads Black American culture throughout U.S. history to gain critical insights... 2024  
Mark C. Grafenreed OPEN HUNTING SEASON: BLACK BODIES AS A THREATENED SPECIES 30 Cardozo Journal of Equal Rights & Social Justice 341 (Winter, 2024) . about one white person in two believes police provide very good protection . for Negroes, the figure is one in five. Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to... 2024 Yes
Paul H. Robinson , Jeffrey Seaman , Muhammad Sarahne OUR TROUBLING FAILURES IN SOLVING CRIMES: RETHINKING LEGAL LIMITS ON CRIME INVESTIGATION 74 Case Western Reserve Law Review 693 (Spring, 2024) Justice is failing in America. Clearance rates--the rate at which police identify a crime's perpetrator--are tragically low for most crimes, even serious offenses. In 2022, there were around 20,000 criminal homicides in America, with a clearance rate of 52.3 percent. Yet murder has by far the highest clearance rate for serious offenses. Even worse,... 2024 Yes
Erika George, Nicky Boothe, Kellyn O. McGee , Moderator, Panelists PANEL DISCUSSION: MINDFULNESS IN THE LAW SCHOOL ENVIRONMENT 73 Journal of Legal Education 208 (Fall, 2024) A 2018 Gallup report on the global state of emotions found that fear, sadness and anger are on the rise around the world. Perhaps an increase in the reported experience of emotions associated with anxiety and depression should not come as a surprise--there are real reasons to be worried about the state of the world. On a daily basis we are exposed... 2024  
Johanna Hellgren , Emily Haney-Caron , Sydney Baker , Naomi E. S. Goldstein , Kaillee Philleo PARENT ADVICE TO CHILDREN DURING INTERROGATIONS: DO CRIME SEVERITY AND PERCEPTIONS OF CONSEQUENCES MATTER? 30 Psychology, Public Policy, and Law 273 (August, 2024) Although many jurisdictions assume that the presence of a parent during youth interrogation protects the child's rights, research on factors that influence parents' behavior and advice is limited. The current study examined factors that influence parental advice to their children regarding Miranda waiver, including the severity of the crime and... 2024  
Adam Crepelle , Timothy Purdon , Brendan Johnson PASSING THE BUCK: THE PERILS OF OKLAHOMA v. CASTRO-HUERTA 101 Denver Law Review 261 (Winter, 2024) The Supreme Court's 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents... 2024 Yes
Maria Hawilo, Laura Nirider PAST, PROLOGUE, AND CONSTITUTIONAL LIMITS ON CRIMINAL PENALTIES 114 Journal of Criminal Law and Criminology 51 (Winter, 2024) Most criminal prosecutions occur at a level that is both neglected by many legal scholars and central to the lives of most people entangled in the criminal legal system: the level of the state. State v. Citizen prosecutions, which encompass most crimes ranging from robbery to homicide, are governed both by the federal constitution and by the... 2024  
Ji Seon Song PATIENT OR PRISONER 92 George Washington Law Review 1 (February, 2024) Carceral power expands into many institutions vital to social life. This Article focuses on one such important institution: the hospital in the free world. Hospitals outside of carceral institutions routinely treat, diagnose, screen, and discharge people under law enforcement and correctional control. Just as hospitals serve an important function... 2024 Yes
James W. Ganas PAYGO FOR CRIMINAL SENTENCING: POLITICAL INCENTIVES AND PROCESS REFORM 99 New York University Law Review 320 (April, 2024) The American criminal justice system is exceptional, characterized by uniquely high sentences and uniquely large numbers of incarcerated individuals. This regime is perpetuated by a political system that fetishizes Americans' short-term pushes for increased punitiveness when crime rates increase. Drawing on political process and representation... 2024  
Peter Siegelman PHYSICAL FITNESS AND THE POLICE: THE CASE FOR UNISEX TESTING 56 Connecticut Law Review 445 (January, 2024) Many jurisdictions require applicants for police jobs to take physical fitness tests, many of which have easier passing requirements for women than for men. While the goal of increasing women's representation among police is laudable, this Article argues that the use of gendered cutoff scores violates Title VII for two distinct reasons: not only... 2024 Yes
The Hon. Roderick Kennedy (Ret.) POLICE BODY CAMERAS: ANALOG THINKING ABOUT A DIGITAL QUESTION 20 SciTech Lawyer 17 (Winter, 2024) Police body-worn cameras (BWCs) embody hope and promise for the objective preservation of criminal procedure evidence and an enhanced means for police to provide transparency and accountability regarding their activities and practices. Yet, BWCs can only operate to capture phenomena within optical and audio recording limits of the camera itself.... 2024 Yes
Mihailis E. Diamantis POLICE MENTAL HEALTH 109 Iowa Law Review 2063 (July, 2024) ABSTRACT: Mental health intervention is a critical tool for preventing police violence. In recent years, activists have pointed to a tragic pattern of police misinterpreting civilian mental health crises and responding with deadly force. People with untreated mental illness are sixteen times more likely to die at the hands of police. Today, a... 2024 Yes
Travis Thickstun POLICE SHOOTINGS AFTER TORRES v. MADRID: SUSPECTS ELUDING CAPTURE ARE SEIZED UNDER FOURTH AMENDMENT 26 Scholar: St. Mary's Law Review on Race and Social Justice 340 (2024) Introduction. 341 I. History of the Development of the Doctrine of Seizures of Persons Under the Fourth Amendment. 343 A. Distinguishing Investigatory Stops from Full Arrests. 343 B. Lack of Clarity Before Torres Lead to Circuit Split. 344 C. Distinguishing Seizures by Force and Seizures by Control. 345 II. Torres v. Madrid. 346 III. Consistency of... 2024 Yes
Summer Williams POLICE SOCIAL MEDIA: THE 13 JUROR 51 Northern Kentucky Law Review 71 (2024) The American criminal justice system is built on the idea of innocent until proven guilty. Every individual accused of a crime is presumed innocent of the alleged crime unless the prosecution can prove, beyond a reasonable doubt, that the defendant is guilty. However, although the American criminal justice system's goal is to achieve justice,... 2024 Yes
Brenner M. Fissell POLICE-MADE LAW 108 Minnesota Law Review 2561 (May, 2024) This Article presents evidence that police are writing laws that they enforce. This newly discovered phenomenon compounds the existing understanding of police making law through the exercise of discretion. They make law in a far more direct way, functioning as quasi-legislators at the local level-- identifying a social problem, drafting an... 2024 Yes
Wayne A. Logan POLICING EMOTIONS: WHAT SOCIAL PSYCHOLOGY CAN TEACH FOURTH AMENDMENT DOCTRINE 72 Buffalo Law Review 685 (April, 2024) Police officers, like the citizens they serve, often believe that they can accurately and reliably discern emotions from the faces of the individuals they encounter. An officer, for instance, might interpret a facial expression to infer that an individual is surprised by the officer's presence, which can serve as a factor justifying a seizure based... 2024 Yes
Roland Neil , Joscha Legewie POLICING NEIGHBORHOOD BOUNDARIES AND THE RACIALIZED SOCIAL CONTROL OF SPACES 58 Law and Society Review 192 (June, 2024) (Received 17 October 2022; revised 11 July 2023; accepted 12 October 2023) Prior scholarship has established that controlling space is central to policing, while highlighting various ways in which this form of social control can be racialized. Extending this work, we advance a theory on the racialized control of space that predicts a higher level... 2024 Yes
Sharon Brett POLICING STATE POLICE: SYSTEM REFORM WITHIN THE "FICTION" OF EX PARTE YOUNG 59 Harvard Civil Rights-Civil Liberties Law Review 175 (Spring, 2024) Statewide police forces exist in nearly every jurisdiction in the United States. Like their local counterparts, state police officers regularly violate citizens' constitutional rights. Yet the overwhelming majority of police reform litigation has focused exclusively on damages actions against individual officers or prospective relief against... 2024 Yes
Devontae W. Torriente POLICING THE POLICE: AN ANALYSIS OF THE CITIZENS POLICE OVERSIGHT COMMISSION 172 University of Pennsylvania Law Review Online 83 (2024) Introduction. 83 I. The Struggle for External Accountability for Police Abuses. 85 A. The Problem of Police Abuses in Philadelphia. 85 B. The Police Advisory Commission. 91 II. The Citizens Police Oversight Commission: A Significant Addition to the Police Accountability Landscape. 93 A. CPOC and Its Powers Under a New City Ordinance. 94 B.... 2024 Yes
Sara Y. Gras POSITIONING PODCASTING AS LEGAL SCHOLARSHIP 2024 Utah Law Review 189 (2024) Technology has revolutionized legal practice, education, and society generally, yet the availability of new forms of digital media has not significantly changed the locus of legal scholarship. This Article examines whether our collective understanding of where scholarship can exist should expand to include podcasting as a formally acknowledged... 2024  
  POST-INDICTMENT IDENTIFICATIONS 53 Georgetown Law Journal Annual Review of Criminal Procedure 188 (2024) 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... 2024 Yes
Holly Morrison PRESERVING EMPLOYEE RIGHTS IN THE ERA OF CANCEL CULTURE 38 ABA Journal of Labor & Employment Law 107 (2024) Emmanuel Cafferty is a middle-aged Hispanic man and former utility worker. In June 2020, Cafferty was terminated after a stranger posted on Twitter a photo of him driving. In the image, Cafferty has his hand hanging out of a truck window and appears to be making what looks like an okay hand sign. According to Cafferty, he was cracking his... 2024  
Jeffrey Bellin PRINCIPLES OF PROSECUTOR LENIENCE 102 Texas Law Review 1541 (June, 2024) Once the Darth Vader of academic writing, American prosecutors are making a comeback. In recent years, progressive prosecutors have leveraged prosecutors' one true superpower--lenience--to reform the criminal justice system from the inside. There is so much scholarly enthusiasm for this project that the existing commentary can be summarized... 2024 Yes
Brandon Hasbrouck PRISONS AS LABORATORIES OF ANTIDEMOCRACY 133 Yale Law Journal 1966 (April, 2024) Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America's prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls:... 2024  
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