AuthorTitleCitationSummaryYearkey Terms in Title
  PROCEDURAL MEANS OF ENFORCEMENT UNDER 42 U.S.C. § 1983 53 Georgetown Law Journal Annual Review of Criminal Procedure 1275 (2024) Scope of Section 1983. Under 42 U.S.C. Section 1983, a prisoner may seek redress against state and local (but not federal) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that qualify as under... 2024  
Sarah Gottlieb PROGRESSIVE FACADE: HOW BAIL REFORMS EXPOSE THE LIMITATIONS OF THE PROGRESSIVE PROSECUTOR MOVEMENT 81 Washington and Lee Law Review 1 (Winter, 2024) Progressive prosecutors have been acclaimed as the new hope for change in the criminal legal system. Advocates and scholars touting progressive prosecution believe that progressive prosecutors will use their power and discretion to address systemic racism and end mass incarceration. Just as this hope has arisen, however, so have concerns that... 2024  
Caitlin Glass, Kat M. Albrecht, Perry Moriearty PROSECUTORIAL DATA TRANSPARENCY AND DATA JUSTICE 119 Northwestern University Law Review 193 (2024) Abstract--The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these... 2024  
Mridula S. Raman PROSECUTORIAL DISCRETION AND THE CRIME OF ABORTION 43 Yale Law and Policy Review 171 (Fall, 2024) In an election cycle in which Republicans soundly trounced Democrats, one of the few silver linings for liberals was that voters in numerous states enshrined abortion access in their state constitutions. However, even as voters protected or expanded abortion rights in some jurisdictions, there remain serious threats to abortion rights elsewhere: In... 2024  
Donald Braman , Jared Fishman , Lily Grier , Kevin Himberger , Jarvis Idowu , J.J. Naddeo , Rory Pulvino , Jess Sorensen , Joanie Weaver PROSECUTORS IN THE PASSING LANE: RACIAL DISPARITIES, PUBLIC SAFETY, AND PROSECUTORIAL DECLINATIONS OF PRETEXTUAL STOPS 61 San Diego Law Review 87 (February-March, 2024) C1-2Table of Contents Abstract. 88 I. Introduction. 89 II. The Rise of Pretextual Stops. 92 A. Pretextual Stops' Troubled History. 92 1. Modern Racial Politics and the Rise of Pretextual Stops. 93 2. Federal Support for Pretextual Stops. 95 3. Aggressive Order Maintenance Theories Legitimize Pretextual Policing. 98 4. The Supreme Court's... 2024 Yes
Brian L. Owsley PROTESTING WHILE BLACK 15 Alabama Civil Rights & Civil Liberties Law Review 1 (2023-2024) I. Protesters Around the Country Have Been Killed or Injured in Attacks.. 8 II. Several State Legislatures Enacted Statutes Targeting African American Protesters.. 12 III. Alabama's Targeted Legislation Focused on a Single Community Against a Single African American Organization.. 17 IV. The First Amendment Provides Protections for Everyone,... 2024  
Jamelia N. Morgan PSYCHIATRIC HOLDS AND THE FOURTH AMENDMENT 124 Columbia Law Review 1363 (June, 2024) Fourth Amendment jurisprudence governing emergency searches and seizures for mental health evaluation, crisis stabilization, and treatment is in disarray. The Supreme Court has yet to opine on what Fourth Amendment standards apply to these psychiatric holds, and lower courts have not, on the whole, distinguished legal standards governing... 2024  
Vincent M. Southerland PUBLIC DEFENSE AND AN ABOLITIONIST ETHIC 99 New York University Law Review 1635 (November, 2024) The American carceral state has grown exponentially over the last six decades, earning the United States a place of notoriety among the world's leaders in incarceration. That unprecedented growth has been fueled by a cultural addiction to carceral logic and its tools--police, prosecution, jails, prisons, and punishment--as a one-size-fits-all... 2024 Yes
Rianna Jha PULLING OUT ALL THE STOPS: LIMITING PRETEXTUAL POLICING THROUGH PROSECUTORIAL DISCRETION 61 American Criminal Law Review 1349 (Fall, 2024) Pretextual stops are a common and constitutionally-sanctioned policing practice, deployed when an officer ostensibly detains a motorist for a traffic violation but actually intends to pursue other investigatory agendas. Because pretexts enable law enforcement to conduct investigatory stops without probable cause, they can conceal improper motives... 2024 Yes
Erin Collins PUNISHING GENDER 71 UCLA Law Review 316 (April, 2024) As jurisdictions across the country grapple with the urgent need to redress the impact of mass incarceration, there has been a renewed interest in reforms that reduce the harms punishment inflicts on women. These gender-responsive reforms aim to adapt traditional punishment practices that, proponents claim, were designed for men. The push to... 2024  
Omavi Shukur PUNISHING INVOLUNTARY RESISTANCE 113 Georgetown Law Journal 1 (October, 2024) Prosecutors should have to prove voluntariness in cases arising out of resistance to arrest. During an arrest, police violence--such as the use of pepper spray or police canines--may induce involuntary resistance. Such resistance may give rise to criminal charges. The actus reus element of criminal responsibility, however, provides that a person... 2024 Yes
Anne E. Ralph QUALIFIED IMMUNITY, LEGAL NARRATIVE, AND THE DENIAL OF KNOWLEDGE 65 Boston College Law Review 1317 (April, 2024) Introduction. 1318 I. The Story of Qualified Immunity. 1324 II. Law's Stories and Epistemic Injustice. 1336 A. Law and Narrative. 1336 1. Narrative Basics. 1336 2. The Study of Narrative. 1338 3. Law and Narrative. 1339 4. The Consequences of Excluding Narrative from Law. 1344 B. Epistemic Injustice. 1347 III. How Qualified Immunity Excludes... 2024  
Natsu Taylor Saito, Georgia State University RACE AND NATIONAL SECURITY. EDITED BY MATIANGAI V. S. SIRLEAF. NEW YORK: OXFORD UNIVERSITY PRESS, 2023. PP. XII, 263. INDEX 118 American Journal of International Law 586 (July, 2024) National security has become normalized--a touchstone invoked to justify governmental policies and fiscal decision making. It represents power exerted over virtually every aspect of our lives. We argue about whether this measure or that expenditure is necessary but the meaning of the construct itself is often presumed rather than interrogated. What... 2024  
Khiara M. Bridges RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI 110 Virginia Law Review 243 (April, 2024) What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... 2024  
Melda Gurakar RACE, DISABILITY, AND POLICE MISCONDUCT: A DISCRIT APPROACH TO PRIVACY LAW AND THE KILLINGS OF RYAN GAINER AND SONYA MASSEY 124 Columbia Law Review Forum 221 (12/2/2024) In March 2024, police killed Ryan Gainer, a Black teenager with autism, in his California home after his family sought help during a behavioral crisis. Several months later, police killed Sonya Massey, a Black woman experiencing a mental health crisis, in her Illinois home. This Comment examines the failure of U.S. privacy law to protect disabled... 2024 Yes
Perry Moriearty , Kat Albrecht , Caitlin Glass RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER 51 Fordham Urban Law Journal 675 (March, 2024) Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... 2024  
Ian Ayres , Sonia Qin , Pranjal Drall RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT 21 UC Law Journal of Race and Economic Justice 183 (June, 2024) In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... 2024  
Elizabeth Lashley-Haynes RACIAL JUSTICE ACT DISCOVERY MOTIONS: A USEFUL TOOL FOR DEFENSE PRACTITIONERS 29 Berkeley Journal of Criminal Law 57 (2024) Introduction. 57 I. Recent Appellate Decisions Clarifying Requirements for D Motions. 58 A. Young's Relaxed Plausible Justification Standard. 59 B. Garcia's Requirement to Provide Ample Time to Prepare D Motions. 60 II. D Motions Are Incredibly Useful Tools in Defense Counsel's Toolbox. 61 A. D Motions Can Circumvent Problematic California Public... 2024  
Thalia González, Rebecca Epstein RACIAL RECKONING AND THE POLICE-FREE SCHOOLS MOVEMENT 72 UCLA Law Review Discourse 38 (2024) Across the country, students of color face daily threats of arrest, exclusion, and violence at the hands of school police officers. Whether deemed threatening, defiant, or hypersexualized, Black students, in particular, pay a heavy price to access their right to free public education. Despite victories in dismantling educational carcerality since... 2024 Yes
Brandon Alston , Department of Sociology, The Ohio State University, Evanston, IL, USA, Email: Alston.113@osu.edu RECOGNIZING "CAMERA CUES": POLICING, CELLPHONES AND CITIZEN COUNTERSURVEILLANCE 58 Law and Society Review 216 (June, 2024) I appreciate the generative feedback from participants in the Race and Society Workshop, Crime, Law, and Society Workshop and the Culture and Society Workshop at Northwestern University. I am grateful for the comments that I received from Northwestern faculty, who followed this project at various stages: Gary Alan Fine, Wendy Griswold, John Hagan,... 2024 Yes
Natalie Nanasi RECONCILING DOMESTIC VIOLENCE PROTECTIONS AND THE SECOND AMENDMENT 59 Wake Forest Law Review 131 (2024) In March of 2023, the Fifth Circuit Court of Appeals held that individuals subject to domestic violence protective orders could not be required to give up their guns. The decision was the first of a federal appellate court to overturn a firearm regulation pursuant to New York State Rifle & Pistol Association v. Bruen, a 2022 Supreme Court opinion... 2024  
Bennett Capers , Gregory Day RECONSTRUCTION, AND THE UNFULFILLED PROMISE OF ANTITRUST 109 Minnesota Law Review 341 (November, 2024) Wealth inequality remains as wide, and as troubling, as it was a half-century ago. While scholars have offered various explanations, there is a contributor that has escaped serious scrutiny: state monopoly power. It is not just that there is a long history of states and municipalities using their monopoly power to protect dominant interests, from... 2024  
Benjamin Levin , Kate Levine REDISTRIBUTING JUSTICE 124 Columbia Law Review 1531 (June, 2024) This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives' continued support for the carceral system. Despite progressives' increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal... 2024  
Amanda Alexander, J.D., Ph.D., Tolulope Sonuyi, M.D., M.Sc. REDUCING COMMUNITY VIOLENCE & INCARCERATION: INSIGHTS FROM A HEALTH-JUSTICE PARTNERSHIP IN DETROIT 42 Yale Law and Policy Review 773 (Spring, 2024) Community violence is the leading cause of death for young adults in Detroit. Our community and others across the country desperately require solutions that center the needs of violence survivors and interrupt cycles of violence, reinjury, retaliation, incarceration, and premature death. Most cities have confronted the problem of community violence... 2024  
Colin Schaeffer REDUCING POLICE ESCALATION IN THE USE OF FORCE: TRAINING POLICE OFFICERS IN MARTIAL ARTS 16 University of St. Thomas Journal of Law & Public Policy 828 (April, 2024) Police use of force is often under intense scrutiny, particularly when that use of force involves a firearm or other method that leads to the death or serious bodily injury of a suspect. One method to reduce the use of firearms and other deadly uses of force, I will argue, is the implementation of greater martial arts training for police. Martial... 2024 Yes
Corey Stoughton REFLECTIONS OF A NON-ABOLITIONIST ADMIRER OF THE POLICE ABOLITION MOVEMENT 30 Washington and Lee Journal of Civil Rights and Social Justice 227 (Spring, 2024) C1-2Table of Contents I. Abolition and Reform: The Debate on the Ground. 229 II. The Abolitionist Critique Has Exposed Weak Reformism and Inspired Better Reform.. 234 2024 Yes
Stephanie Holmes Didwania REGRESSIVE WHITE-COLLAR CRIME 97 Southern California Law Review 299 (February, 2024) Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called white-collar prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the... 2024  
Ronald J. Krotoszynski, Jr. , Caprice L. Roberts REIMAGINING FIRST AMENDMENT REMEDIES 109 Iowa Law Review 911 (March, 2024) ABSTRACT: Since the Warren Court's landmark First Amendment decisions of the 1960s, the Supreme Court has aggressively deployed the Free Speech Clause to provide broad substantive protections for expressive freedoms. These rules, in theory, should effectively safeguard the marketplace of political ideas and facilitate both speaker and audience... 2024  
Naomi Levy, Amy E. Lerman, Peter Dixon REIMAGINING PUBLIC SAFETY: DEFINING "COMMUNITY" IN PARTICIPATORY RESEARCH 49 Law and Social Inquiry 68 (February, 2024) In the context of a national movement to defund police departments, many American cities are starting to reimagine public safety, as activists demand new practices that maintain safety while minimizing harm, as well as ensuring accountability when harms occur. Drawing on Everyday Peace Indicators methodologies, we argue that community-centered... 2024 Yes
Joseph Berra, S. Priya Morley REIMAGINING RIGHTS IN THE AMERICAS 28 UCLA Journal of International Law and Foreign Affairs 1 (Fall, 2024) C1-2Table of Contents I. Prelude: Site Visit of the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) on the Rights of the Unhoused, Racialization and Criminalization of Poverty in Los Angeles. 5 II. The Bringing Human Rights Home Symposium: Bridging the Gap Between International and Domestic Frames for Human... 2024  
Anna Offit REIMAGINING THE INCLUSIVE JURY 57 U.C. Davis Law Review 2691 (April, 2024) At the height of the COVID-19 pandemic, everyday life for many Americans was upended. And yet, the jury trial remained viable-- even vital. Faced with an era-defining public health disaster, courts innovated, embracing novel technologies and techniques to reimagine where and how justice might be made. But why did it take a pandemic to spur this... 2024  
Jordan Blair Woods REIMAGINING TRAFFIC FINES AND FEES 14 UC Irvine Law Review 936 (September, 2024) Traffic tickets can be big business for government. Every year, traffic tickets generate hundreds of millions, if not billions, of dollars in revenue for state and local governments nationwide. That revenue is then allocated to support a wide variety of government programs, some of which have nothing to do with traffic violations. The burdens of... 2024  
Ali Fraerman RELYING ON UNRELIABLE TECH: UNCHECKED POLICE USE OF ALGORITHMIC TECHNOLOGIES 40 Santa Clara High Technology Law Journal 115 (2023-2024) In the past two decades, police forces have come to rely on algorithm-based technologies for investigative leads. Several of these technologies are unreliable. They are prone to error, misidentifying suspects, and crimes. When relied upon, they lead to false arrests and unnecessary stop-and-frisks. Yet, there is no coercive mechanism, either... 2024 Yes
James Dykman REMOVING BAD APPLES: ENDING GRIEVANCE ARBITRATION OVER PENNSYLVANIA STATE POLICE TROOPER DISCIPLINE 96 Temple Law Review 283 (Winter, 2024) Despite assurances that the only problem with American policing is that there are a few bad apples, police departments nationwide seem less capable than ever of plucking bad apple officers from their ranks. Scholars attribute this inability to remove officers to many sources, including shoddy internal investigations; police union collective... 2024 Yes
Jane K. Stoever REMOVING THE BIAS OF CRIMINAL CONVICTIONS FROM FAMILY LAW 35 Yale Journal of Law & Feminism 1 (2024) Abstract: What happens when a legal system reduces a person to a record of arrests and prosecutions and prioritizes that information in family court? And what are the implications when this legal system is rooted in racism; disproportionately arrests, charges, and sentences people of color; and increasingly criminalizes domestic violence survivors?... 2024  
Thalia González , Paige Joki REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION 65 Boston College Law Review 317 (February, 2024) Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... 2024  
Isabel Jones REPRODUCTIVE CONTROL AS A CARCERAL TOOL OF THE STATE - UNDERSTANDING EUGENICS IN A POST-ROE SOCIETY 112 California Law Review 969 (June, 2024) The government has used reproductive control as a carceral tool for centuries, especially against women of color. While scholars anticipate the overturn of Roe v. Wade will exacerbate state surveillance and control over pregnancy, the current pro-choice rhetoric neglects the state's history of policing reproduction through forced sterilization... 2024 Yes
Lauren van Schilfgaarde RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION 112 California Law Review 103 (February, 2024) For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... 2024  
Farhang Heydari RETHINKING FEDERAL INDUCEMENT OF PRETEXT STOPS 2024 Wisconsin Law Review 181 (2024) Few topics in policing have received more attention than pretextual traffic stops--traffic stops made for crime-fighting purposes. Community leaders, legislators, police executives, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded... 2024 Yes
Alec Soghomonian RETHINKING HINDSIGHT: THE FAILED INTERPRETATION OF GRAHAM v. CONNOR 47 New York University Review of Law and Social Change 455 (2024) Introduction. 456 II. The Development of Excessive Force Standards. 458 A. Supreme Court Precedent: Tennessee v. Garner & Graham v. Connor. 458 B. The Circuit Split: What Constitutes Reasonableness?. 463 III. Adopting the Capacious Rule in Non-Lethal Excessive Force Cases: Why the Ninth and Tenth Circuits Are Correct. 468 A. Responding to... 2024  
Paul H. Robinson , Jeffrey Seaman , Muhammad Sarahne RETHINKING THE BALANCE OF INTERESTS IN NON-EXCULPATORY DEFENSES 114 Journal of Criminal Law and Criminology 1 (Winter, 2024) Most criminal law defenses serve the criminal law's goal of shielding blameless defendants from liability. Justification defenses, such as self-defense and law enforcement authority, exculpate on the ground that the defendant's conduct, on balance, does not violate a societal norm. Excuse defenses, such as insanity and duress, exculpate on the... 2024 Yes
Aliza Hochman Bloom REVIVING REHABILITATION AS A DECARCERAL TOOL 101 Washington University Law Review 1989 (2024) After advocates argued that circumstances attendant to late adolescent offenders make them less culpable for their offenses and better disposed to rehabilitation, the Massachusetts Supreme Judicial Court (SJC) held in January 2024 that it is unconstitutional to sentence eighteen-to-twenty-year-olds to life without parole. Last summer, Connecticut... 2024  
  RIGHT TO A JURY TRIAL 53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2024  
Ava Ayers SANCTUARY WITHOUT RESISTANCE 28 Lewis & Clark Law Review 1 (2024) Activist movements that embrace the idea of sanctuary for noncitizens are rich with narratives of resistance. These narratives vary; some sanctuary advocates pursue resistance only to specific federal immigration policies, while others offer more radical critiques that challenge the very legitimacy of U.S. immigration law. But when local and state... 2024  
Priya Baskaran SEARCHING FOR JUSTICE: INCORPORATING CRITICAL LEGAL RESEARCH INTO CLINIC SEMINAR 30 Clinical Law Review 227 (Spring, 2024) This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justiceoriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal... 2024  
Osagie K. Obasogie SECTION 1983 AND POLICE USE OF FORCE: TOWARDS A CIVIL JUSTICE FRAMEWORK 112 California Law Review 1001 (June, 2024) Conversations about police use of force have peaked in recent years as social movements and the increased visibility of police killings have led to demands for change and accountability. Unfortunately, criminal prosecutions are rare, which has led victims and their families to seek justice through civil actions. 42 U.S.C. § 1983 is the most common... 2024 Yes
John R. Hitt SEDITION HUNTERS: HOW JANUARY 6TH BROKE THE JUSTICE SYSTEM, BY RYAN J. REILLY (PUBLIC AFFAIRS -- HACHETTE BOOK GROUP) 2023, 467 PAGES 105 Massachusetts Law Review 60 (December, 2024) A republic, if you can keep it was Benjamin Franklin's response to Elizabeth Willing Powel's September 1787 question: Well, Doctor, what have we got, a republic or a monarchy? Ryan J. Reilly's book tells the story of a group of individuals who took it upon themselves to help retain our republic at a moment when law enforcement seemed... 2024 Yes
Erin Sheley SELF-DEFENSE AND POLITICAL RAGE 11 Texas A&M Law Review 591 (Spring, 2024) This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions,... 2024  
Ekow N. Yankah SHOULD RACIALLY VULNERABLE VICTIMS SHOW MERCY? 102 Texas Law Review 1515 (June, 2024) On June 17, 2015, twenty-one-year-old Dylann Roof entered the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, sat, and prayed with nine congregants for at least an hour before pulling out a handgun and killing Cynthia Hurd, Susan Jackson, Ethel Lance, DePayne Middleton-Doctor, State Senator Rev. Clementa Pinckney, Tywanza... 2024  
Lauren J. Yu SHUTTING OUT NOISE AND UNDERSTANDING ARTIFICIAL INTELLIGENCE 122 Michigan Law Review 1355 (April, 2024) Noise: A Flaw in Human Judgment. By Daniel Kahneman, Olivier Sibony and Cass R. Sunstein. New York: Little, Brown Spark. 2021. Pp. ix, 454. Hardcover, $32; paper, $21.99. You Look Like a Thing and I Love You: How Artificial Intelligence Works and Why It's Making the World a Weirder Place. By Janelle Shane. New York: Voracious. 2019. Pp. 259.... 2024  
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