| Author | Title | Citation | Summary | Year | key Terms in Title or Summary |
| Portia Pedro |
A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE |
107 Virginia Law Review Online 143 (June, 2021) |
In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... |
2021 |
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| Alexis Hoag |
ABOLITION AS THE SOLUTION: REDRESS FOR VICTIMS OF EXCESSIVE POLICE FORCE |
48 Fordham Urban Law Journal 721 (March, 2021) |
Introduction. 721 I. An Attempt at Redress: The Civil Rights Act of 1866. 726 II. Reconstruction Redux: 18 U.S.C. ยง 242. 730 III. Abolitionist Framework. 735 IV. Abolitionist Solutions. 738 A. Reparations. 739 B. Divest and Reinvest. 741 Conclusion. 742 |
2021 |
Yes |
| Lisa Kelly |
ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE |
17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) |
The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... |
2021 |
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| Rachel Foran, Mariame Kaba, Katy Naples-Mitchell |
ABOLITIONIST PRINCIPLES FOR PROSECUTOR ORGANIZING: ORIGINS AND NEXT STEPS |
16 Stanford Journal of Civil Rights & Civil Liberties 496 (2021) |
L1-2Introduction . L3496 I. History & Recent Roots Of Progressive Prosecution. 506 II. Abolition, Not Reform. 517 III. What Do We Believe?. 518 A. Abolitionist Principles for Prosecutor Organizing. 519 IV. Abolitionist Organizing Strategies Focused on the Prosecuting Office. 520 A. Baseline tactics. 521 B. Strategies focused on the prosecuting... |
2021 |
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| Dr. Mary L. Milano , Kenya A. Jenkins-Wright |
ADDRESSING RACIAL INEQUALITY |
109 Illinois Bar Journal 40 (February, 2021) |
An Illinois State Bar Association initiative; a nationwide imperative. ON MAY 25, 2020, GEORGE FLOYD, a black man, was killed by members of the Minneapolis Police Department. America watched in collective disbelief and outrage as video footage showed Floyd trying to breathe and crying for help for eight minutes and 46 seconds. His crime, if any,... |
2021 |
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| Henry F. Fradella , Weston J. Morrow , Michael D. White |
AN EMPIRICAL ANALYSIS OF THE RACIAL/ETHNIC AND SEX DIFFERENCES IN NYPD STOP-AND-FRISK PRACTICES |
21 Nevada Law Journal 1151 (Spring, 2021) |
C1-2Table of Contents Introduction. 1152 I. Stop-and-Frisk Authority. 1155 II. Stop-and-Frisk and the Undercurrent of Racial Injustice. 1160 A. Racial Issues in Terry v. Ohio. 1160 B. Racial Issues Throughout American Policing. 1161 III. Stop-and-Frisk and the NYPD. 1165 A. Crime, Disorder, and Broken Windows. 1165 B. Crime Control Benefits. 1169... |
2021 |
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| Stephen Rushin, Griffin Edwards |
AN EMPIRICAL ASSESSMENT OF PRETEXTUAL STOPS AND RACIAL PROFILING |
73 Stanford Law Review 637 (March, 2021) |
This Article empirically illustrates that legal doctrines permitting police officers to engage in pretextual traffic stops may contribute to an increase in racial profiling. In 1996, the U.S. Supreme Court held in Whren v. United States that pretextual traffic stops do not violate the Fourth Amendment. As long as police officers identify... |
2021 |
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| Christine Cimini, Doug Smith |
AN INNOVATIVE APPROACH TO MOVEMENT LAWYERING: AN IMMIGRANT RIGHTS CASE STUDY |
35 Georgetown Immigration Law Journal 431 (Winter, 2021) |
C1-3Table of Contents L1-2Introduction . L3432 I. Literature on Lawyering and Social Change. 442 A. The Critique of Lawyers as Agents for Social Change. 442 B. Newer Models of Social Change Lawyering. 447 II. The Rise and Fall of S-Comm as an Effective Case Study. 454 III. The Immigrant Rights Landscape Prior to S-Comm. 456 A. The Local/National... |
2021 |
|
| Fred O. Smith Jr. |
BEYOND QUALIFIED IMMUNITY |
119 Michigan Law Review Online 121 (May, 2021) |
I never watched the video. The descriptions themselves have always felt like enough. Traumatizing enough. Invasive enough. George Floyd, father of two, laying on the ground, as an unfazed officer kneeled on his neck for at least eight minutes and forty-six seconds. He pleaded for his life and cried out to his deceased mother until he met his... |
2021 |
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| Zamir Ben-Dan, Rigodis Appling |
BREAKING THE BACKBONE OF UNLIMITED POWER: THE CASE FOR ABOLISHING ABSOLUTE IMMUNITY FOR PROSECUTORS IN CIVIL RIGHTS LAWSUITS |
73 Rutgers University Law Review 1373 (Summer, 2021) |
There is an abundance of literature on prosecutorial misconduct: the power prosecutors have in the courtroom, the racially discriminatory ways that prosecutors yield that power, the plethora of instances in which they have abused such power, and the gross inadequacies of existing checks on said power. A major reason why prosecutorial misconduct is... |
2021 |
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| Jordan Martin |
BREONNA TAYLOR: TRANSFORMING A HASHTAG INTO DEFUNDING THE POLICE |
111 Journal of Criminal Law and Criminology 995 (Fall, 2021) |
How can modern policing be reformed to address police violence against Black women when it can occur at no fault of their own and end with a shower of bullets in the middle of the night while within the sanctity of their own home? What is accomplished when her name is said but justice is never achieved? What good does it do when her story is... |
2021 |
Yes |
| Monika Zalnieriute |
BURNING BRIDGES: THE AUTOMATED FACIAL RECOGNITION TECHNOLOGY AND PUBLIC SPACE SURVEILLANCE IN THE MODERN STATE |
22 Columbia Science and Technology Law Review 284 (2021) |
Live automated facial recognition technology, rolled out in public spaces and cities across the world, is transforming the nature of modern policing. R (on the application of Bridges) v Chief Constable of South Wales Police, decided in August 2020, is the first successful legal challenge to automated facial recognition technology in the world. In... |
2021 |
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| Sawyer Like |
BURNING IN THE MELTING POT: AMERICAN POLICING AND THE INTERNAL COLONIZATION OF AFRICAN AMERICANS |
22 Rutgers Race & the Law Review 333 (2021) |
We inherit the belief that the past does not matter - we can start over, we can go beyond the racial thinking that, deep down, nearly every American has known is not a wise way of thinking - the funny and often tragic part being that this anti-historical belief is itself an inheritance from our past. On May 25, 2020, George Floyd, a 46-year-old... |
2021 |
Yes |
| Trevor George Gardner |
BY ANY MEANS: A PHILOSOPHICAL FRAME FOR RULEMAKING REFORM IN CRIMINAL LAW |
130 Yale Law Journal Forum 798 (March 8, 2021) |
Equitable crime policy and equity in the process of crime policymaking stand as the two goals most important to criminal-justice reform advocates. It would be a strategic mistake, however, to consider the two of equal importance. Crime-policy reform should be considered the first-order principle of the crime-policy reform movement.... |
2021 |
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| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
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| Rebecca Brown , Peter Neufeld |
CHIMES OF FREEDOM FLASHING: FOR EACH UNHARMFUL GENTLE SOUL MISPLACED INSIDE A JAIL |
76 New York University Annual Survey of American Law 235 (2021) |
C1-2TABLE OF CONTENTS Introduction. 236 I. Scope of the Problem. 238 II. Foundational Reforms that Reveal Wrongful Convictions. 243 III. Reforms that Prevent Wrongful Convictions. 247 A. Eyewitness Misidentification. 248 1. Initial Reform Efforts. 250 2. Addressing Estimator Variables. 251 3. Where We Want To Go. 253 B. False Confessions. 255 1.... |
2021 |
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| Peter C. Douglas |
CITY OF LOS ANGELES v. LYONS: HOW SUPREME COURT JURISPRUDENCE OF THE PAST PUTS A CHOKEHOLD ON CONSTITUTIONAL RIGHTS IN THE PRESENT |
17 Northwestern Journal of Law & Social Policy 81 (Fall, 2021) |
The United States today has refocused its attention on its continuing struggles with civil rights and police violence--struggles that have always been present but which come to the forefront of the collective consciousness at inflection points like the current one. George Floyd--and uncounted others--die at the hands of the police, and there is,... |
2021 |
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| Shima Baradaran Baughman |
CRIME AND THE MYTHOLOGY OF POLICE |
99 Washington University Law Review 65 (2021) |
The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principle emanating from these theoretical critiques is that the... |
2021 |
Yes |
| Marvel L. Faulkner |
DEAR COURTS: I, TOO, AM A REASONABLE MAN |
48 Pepperdine Law Review 223 (January, 2021) |
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American... |
2021 |
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| Jordan Blair Woods |
DESTABILIZING POLICING'S MASCULINITY PROJECT |
89 George Washington Law Review 1527 (December, 2021) |
In the wake of national calls for police reform and nationwide protests of police killings of unarmed people of color, and unarmed Black men in particular, there is a renewed focus on the relationship between masculinity and police violence. This Article, prepared for a symposium on Addressing the Crisis in Policing Today: Race, Masculinity, and... |
2021 |
Yes |
| Anthony O'Rourke , Rick Su , Guyora Binder |
DISBANDING POLICE AGENCIES |
121 Columbia Law Review 1327 (May, 2021) |
Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a... |
2021 |
Yes |
| Bianca Velez |
DO THE POLICE PROTECT AND SERVE ALL PEOPLE IN THE UNITED STATES?: A SURVEY OF THE PROBLEMS WITHIN MODERN POLICING AND SOLUTIONS TO ENSURE THE POLICE PROTECT AND SERVE US ALL |
55 University of San Francisco Law Review 421 (2021) |
ON MAY 25TH, 2020, MINNEAPOLIS POLICE responded to a call from a convenience store employee alleging that a Black man named George Floyd had made a purchase with a counterfeit twenty-dollar bill. Four police officers subsequently detained Mr. Floyd, and within seventeen minutes of the first squad car arriving at the scene, Mr. Floyd was handcuffed,... |
2021 |
Yes |
| Connor B. McDermott, Editor in Chief, 2020-2021 |
EDITOR'S NOTE |
25 Lewis & Clark Law Review xi (2021) |
Modern writing at its worst does not consist in picking out words for the sake of their meaning and inventing images in order to make the meaning clearer. It consists in gumming together long strips of words which have already been set in order by someone else, and making the results presentable by sheer humbug. George Orwell Any transition brings... |
2021 |
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| Ann C. McGinley |
ENOUGH! ELIMINATING POLICE ABUSE OF INDIVIDUALS OF COLOR WITH DISABILITIES |
21 Nevada Law Journal 1081 (Spring, 2021) |
C1-2Table of Contents Introduction. 1082 I. Dis/abled, of Color, and Vulnerable to Police Encounters: Data and Stories. 1084 A. Federal Database--The National Violent Death Reporting System. 1086 B. News Service Databases. 1087 C. Foundation and Advocacy Organization Reports. 1089 II. The Law as Remedy: Constitutional Failures and the ADA. 1093 A.... |
2021 |
Yes |
| L. Darnell Weeden |
EXPLORING PROTEST RIGHTS, UNREASONABLE POLICE CONDUCT, AND QUALIFIED IMMUNITY |
45 Thurgood Marshall Law Review 167 (Spring, 2021) |
The issue to be addressed in this Article is whether the right to challenge government authority by means of protesting unreasonable police conduct on public sidewalks, public streets, public parks, or in court litigation is unreasonably restricted by qualified immunity. For example, a person's First Amendment right to protest is violated when a... |
2021 |
Yes |
| Andrew Guthrie Ferguson |
FACIAL RECOGNITION AND THE FOURTH AMENDMENT |
105 Minnesota Law Review 1105 (February, 2021) |
Introduction. 1106 I. Facial Recognition Technology. 1109 A. The Technology. 1110 B. Police Use of Facial Recognition Technology. 1115 1. Face Surveillance. 1116 2. Face Identification. 1119 3. Face Tracking. 1122 4. Non-Law Enforcement Purposes. 1124 II. The Fourth Amendment and the Privacy Problem of Facial Recognition. 1126 A. Pre-Digital Face... |
2021 |
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| Kate Weisburd |
FALL 2020 SYMPOSIUM: ADDRESSING THE CRISIS IN POLICING TODAY: RACE, MASCULINITY, AND POLICE USE OF FORCE IN AMERICA |
89 George Washington Law Review 1357 (December, 2021) |
The year 2020 was a year of reckoning. The COVID-19 pandemic, along with the protests in support of the Black Lives Matter movement and against police violence toward unarmed Black, Brown, and Indigenous peoples, revealed our collective, but also differing, vulnerability to violence, sickness, death, and economic harm. Meanwhile, the #metoo... |
2021 |
Yes |
| G. Alex Sinha |
FALSE FLAGS AND THE FIRST AMENDMENT: LYING THROUGH SYMBOLIC SPEECH |
89 George Washington Law Review Arguendo 133 (November, 2021) |
Ivan Hunter, a leader of the right-wing Boogaloo Bois, recently pleaded guilty to participating in a riot when he fired his AK-47 at the Minneapolis Police Third Precinct during a Black Lives Matter protest in May of 2020. Hunter's target--the home base of Derek Chauvin, the officer captured on video killing George Floyd--burned down at the hands... |
2021 |
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| Quintin Chatman |
FIGHTING FOR JUSTICE IN A DIVIDED WORLD |
45-JUL Champion 42 (July, 2021) |
How do the racial problems in the criminal legal system impact the dynamics of the lawyer-client relationship? Three zealous advocates share their views. With feet planted firmly and with a line drawn in the sand, criminal defense lawyers stand between clients and the power of the government. While bar associations like NACDL have the luxury of... |
2021 |
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| Frank LoMonte , Ann Marie Tamburro |
FROM AFTER-SCHOOL DETENTION TO THE DETENTION CENTER: HOW UNCONSTITUTIONAL SCHOOL-DISRUPTION LAWS PLACE CHILDREN AT RISK OF PROSECUTION FOR "SPEECH CRIMES" |
25 Lewis & Clark Law Review 1 (2021) |
As unrest erupts across the country over issues of police violence and race, how and when police use their authority inside schools is receiving renewed scrutiny. Students of color are uniquely at risk of being subject to overzealous arrest as a result of a confluence of dangerous factors: Young people are constantly surveilled throughout the... |
2021 |
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| Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams |
GLOBAL IMPUNITY: HOW POLICE LAWS & POLICIES IN THE WORLD'S WEALTHIEST COUNTRIES FAIL INTERNATIONAL HUMAN RIGHTS STANDARDS |
49 Georgia Journal of International and Comparative Law 243 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 245 II. Background. 248 III. International Human Rights Framework and Methodology. 251 A. The Principles. 253 B. Grading Scale. 256 IV. Analysis of Use of Force Laws and Policies. 259 A. Applying the Human Rights Framework. 259 i. Legality. 261 ii. Necessity. 263 a. Immediacy. 264... |
2021 |
Yes |
| Jennifer M. Smith , Elliot O. Jackson |
HISTORICALLY BLACK COLLEGES & UNIVERSITIES: A MODEL FOR AMERICAN EDUCATION |
14 Florida A & M University Law Review 103 (Winter, 2021) |
The whole world opened to me when I learned to read. ~ Mary McLeod Bethune Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery... |
2021 |
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| Michael D. White , Henry F. Fradella , Michaela Flippin |
HOW CAN WE ACHIEVE ACCOUNTABILITY IN POLICING? THE (NOT-SO-SECRET) INGREDIENTS TO EFFECTIVE POLICE REFORM |
25 Lewis & Clark Law Review 405 (2021) |
The summer of 2020 was marked by a series of high-profile police killings of citizens, highlighting excessive force as the most pernicious form of racial injustice in American policing. The persistence of the excessive use of force problem over decades raises serious questions regarding what we know about police accountability, and has led some to... |
2021 |
Yes |
| Dorothy Roberts |
HOW I BECAME A FAMILY POLICING ABOLITIONIST |
11 Columbia Journal of Race and Law 455 (July, 2021) |
My book Shattered Bonds: The Color of Child Welfare, published in 2001, documented the racial realities of family policing in America. At the time, more than a half million children had been taken from their parents by child protection services (CPS) and were in foster care. Black families were the most likely of any group to be torn apart. Black... |
2021 |
Yes |
| Jim Hilbert |
IMPROVING POLICE OFFICER ACCOUNTABILITY IN MINNESOTA: THREE PROPOSED LEGISLATIVE REFORMS |
47 Mitchell Hamline Law Review 222 (February, 2021) |
I. Introduction. 223 II. Minnesota's Past and Present: Racism and Police Abuse Followed by Studies and Inaction. 233 A. Minnesota History. 233 1. The Largest Mass Execution in the Country. 233 2. The Northernmost Lynching on Record. 235 B. Decades of Studies and Reports with the Same Conclusions (and the Same Inaction). 236 C. Past Signs of... |
2021 |
Yes |
| Kate Levine |
INTRODUCTION |
42 Cardozo Law Review 1165 (July, 2021) |
Cardozo Law Review has, for the first time, collected all of the articles about the criminal legal system in Volume 42 into one issue. I am thrilled to have the opportunity to frame this issue with some thoughts on criminal legal scholarship. In the summer of 2020, the United States saw the largest and most sustained protests against police... |
2021 |
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| Jessica L. Roberts |
INTRODUCTION |
58 Houston Law Review 807 (Symposium, 2021) |
On October 9, 2020, Dean Angela Onwuachi-Willig delivered the twenty-fifth annual Frankel Lecture, From Lynching as Status Quo to the New Status Quo. It was the first Frankel Lecture to address the issue of racial violence in policing, a topic that was long overdue. It was also the first event in the series's illustrious history to take place... |
2021 |
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| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
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| Aaron Littman |
JAILS, SHERIFFS, AND CARCERAL POLICYMAKING |
74 Vanderbilt Law Review 861 (May, 2021) |
The machinery of mass incarceration in America is huge, intricate, and destructive. To understand it and to tame it, scholars and activists look for its levers of power--where are they, who holds them, and what motivates them? This much we know: legislators criminalize, police arrest, prosecutors charge, judges sentence, prison officials confine,... |
2021 |
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| |
JUSTICE CANNOT BE 'QUALIFIED' |
57-DEC Trial 46 (December, 2021) |
After the tragic killings of Eric Garner, Michael Brown, Breonna Taylor, George Floyd, and countless other Black Americans by police, a long overdue spotlight has been cast on police misconduct and the endemic mistreatment of minority groups. Inextricably tied to this conversation is qualified immunity, a doctrine that shields government officials... |
2021 |
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| Julia E. Paranyuk |
LESSONS FROM THE MILITARY ON REFORMING POLICE DISCIPLINE |
96 New York University Law Review 1675 (November, 2021) |
In recent years, there has been significant public debate concerning policing in the United States. Current events and recurring instances of police brutality have drawn attention to police misconduct and reinvigorated calls for systemic reforms to policing and police discipline. While there is a growing consensus in the United States among... |
2021 |
Yes |
| Dr. Ihsan Alkhatib |
MAKING THE OPTIMISTIC CASE FOR POLICING REFORM: POLICE AS PARTNERS AND REFORM AS TRUE TO DEMOCRATIC VALUES AND AMERICA'S VISION OF ITSELF |
49 Georgia Journal of International and Comparative Law 323 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 325 II. On Police and Policing. 325 III. Police Use of Deadly Force on Unarmed Civilians: Cases that Fit a Narrative. 327 IV. Choice of Countries to Examine: The Case of India. 329 V. Policing in Authoritarian Regimes: It's not Only Police. 330 VI. Score for Compliance and Police Killings. 331 VII. Race and... |
2021 |
Yes |
| Jordan Blair Woods |
METANARRATIVES OF TRAFFIC POLICING |
53 Connecticut Law Review 645 (September, 2021) |
This Essay, written for the Commentary Issue on police and prison abolition, draws on principles of postmodern feminist and queer theory to evaluate the dominance of a police-reliant, one-size-fits-all model of traffic enforcement in the United States. Traffic stops are currently the most common interaction between police and civilians in the... |
2021 |
Yes |
| James S. Liebman , Kayla C. Butler , Ian Buksunski |
MINE THE GAP: USING RACIAL DISPARITIES TO EXPOSE AND ERADICATE RACISM |
30 Southern California Review of Law & Social Justice 1 (Winter, 2021) |
For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial... |
2021 |
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| Erika K. Wilson |
MONOPOLIZING WHITENESS |
134 Harvard Law Review 2382 (May, 2021) |
C1-2CONTENTS Introduction. 2384 I. White-Student Segregation and Social Closure. 2388 A. Defining Social Closure. 2390 B. Social Closure and Racial Segregation in Public Schools: Monopolies. 2392 1. Scarcity. 2393 2. Exclusion. 2396 3. Monopolization. 2400 C. The Normative Case for Regulating White-Student Segregation. 2404 1. Harms to Democracy.... |
2021 |
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| Tifanei Ressl-Moyer, Pilar Gonzalez Morales, Jaqueline Aranda Osorno |
MOVEMENT LAWYERING DURING A CRISIS: HOW THE LEGAL SYSTEM EXPLOITS THE LABOR OF ACTIVISTS AND UNDERMINES MOVEMENTS |
24 CUNY Law Review 91 (Winter, 2021) |
INTRODUCTION. 92 I. Harmful Legal Practices During Social Justice Movements and in Times of Crisis. 95 A. Undervaluing Clients and the Communities from Which the Client Comes. 98 1. When lawyers fail to see clients as equal partners with relevant information to contribute. 99 2. When lawyers fail to anticipate how client work will impact the... |
2021 |
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| Alexander Reinert, Joanna C. Schwartz, James E. Pfander |
NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT |
116 Northwestern University Law Review 737 (2021) |
Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines... |
2021 |
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| Sarah Houston |
NOW THE BORDER IS EVERYWHERE: WHY A BORDER SEARCH EXCEPTION BASED ON RACE CAN NO LONGER STAND |
47 Mitchell Hamline Law Review 197 (February, 2021) |
I. Introduction. 197 II. Historical Background. 201 A. History of Expedited Removal. 201 B. Immigration Exceptionalism on the Border. 203 III. Race Can No Longer Justify Immigration Stops and Searches. 207 A. Demographic Shift--Latinos as a Majority Presence. 207 B. The Creeping Expansion of Immigration Enforcement Past the Border. 211 C. Vagueness... |
2021 |
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| Cynthia Lee |
OFFICER-CREATED JEOPARDY: BROADENING THE TIME FRAME FOR ASSESSING A POLICE OFFICER'S USE OF DEADLY FORCE |
89 George Washington Law Review 1362 (December, 2021) |
When a police officer's use of deadly force kills or seriously injures a civilian, that officer may face civil liability or criminal prosecution. In both civil and criminal cases, a critical question that the jury must decide is whether the officer's use of force was reasonable or excessive. As a general matter, the jury will be advised that it... |
2021 |
Yes |
| Christian Sundquist |
PANDEMIC POLICING |
37 Georgia State University Law Review 1339 (Summer, 2021) |
C1-2CONTENTS Introduction. 1340 I. The Cycle of Pandemic Racism. 1348 A. Economic Crises. 1348 B. Immigration Crises. 1349 C. Crime Crises. 1350 II. Pandemic Policing. 1353 Conclusion. 1359 |
2021 |
Yes |