AuthorTitleCitationSummaryYearkey Terms in Title or Summary
Adam D. Fine , Jamie Amemiya , Paul Frick , Laurence Steinberg , Elizabeth Cauffman PERCEPTIONS OF POLICE LEGITIMACY AND BIAS FROM AGES 13 TO 22 AMONG BLACK, LATINO, AND WHITE JUSTICE-INVOLVED MALES 45 Law and Human Behavior 243 (June, 2021) Objective: Although researchers, policymakers, and practitioners recognize the importance of the public's perceptions of police, few studies have examined developmental trends in adolescents and young adults' views of police. Hypotheses: Hypothesis 1: Perceptions of police legitimacy would exhibit a U-shaped curve, declining in adolescence before... 2021 Yes
Jordan Blair Woods POLICE ESCALATION AND THE MOTOR VEHICLE 24 New Criminal Law Review 115 (Spring, 2021) This article, prepared for the special issue on investigations, presents an original empirical analysis of the role of the motor vehicle in shaping how officers describe experiencing violence and perceiving danger during vehicle stops. Tens of millions of traffic stops occur every year, making vehicle stops the most common interaction that... 2021 Yes
Kate Levine POLICE PROSECUTIONS AND PUNITIVE INSTINCTS 98 Washington University Law Review 997 (2021) This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time,... 2021 Yes
Jocelyn Simonson POLICE REFORM THROUGH A POWER LENS 130 Yale Law Journal 778 (February, 2021) Scholars and reformers have in recent years begun to imagine new and different configurations for how the state can design policing institutions. These conversations have increased in volume and urgency in response to the 2020 national uprising against police violence, when radical demands born within social movements have gained... 2021 Yes
Aya Gruber POLICING AND "BLUELINING" 58 Houston Law Review 867 (Symposium, 2021) In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, Don't get it twisted--the criminal justice system ain't broke. It's working just the way it's supposed... 2021 Yes
Stephen F. Rohde PRESUMED GUILTY: HOW THE SUPREME COURT EMPOWERED THE POLICE AND SUBVERTED CIVIL RIGHTS BY ERWIN CHEMERINSKY, LIVERIGHT, $27.95, 320 PAGES 44-NOV Los Angeles Lawyer 48 (November, 2021) On May 23, 1957, Dollree Mapp, a 34-year old African American woman living in Cleveland, had no idea she would become the center of one of the most important U.S. Supreme Court cases in American history. That day three armed police officers arrived at her house based on a tip that Virgil Ogletree was hiding there. He was a rival of gambling... 2021 Yes
Jelani Jefferson Exum PRESUMED PUNISHABLE: SENTENCING ON THE STREETS AND THE NEED TO PROTECT BLACK LIVES THROUGH A REINVIGORATION OF THE PRESUMPTION OF INNOCENCE 64 Howard Law Journal 301 (Winter, 2021) Introduction. 302 L1-2 I. Presumed Punishable A. The Development of Race-Based Policing and the Presumption of the Need to Control Black People Through Force. 305 B. The Current Consequences of Being Presumed Punishable. 309 C. Police as the Tool of the Presumption. 311 D. The Trauma of Being Presumed Punishable. 315 II. The Presumption of... 2021  
Russel K. Osgood PREVENTION AND REMEDIATION OF POLICE EXCESSIVE FORCE AND SIMILAR COMPLAINTS 66 Washington University Journal of Law & Policy 107 (2021) This Article, like many, started with a narrow focus. Because I believe that the substantive criminal law is an ineffective, frequently inapposite and blunt instrument, it strikes me that any proposal to reduce or eliminate excessive police force, and related complaints by some alteration(s) of substantive or procedural aspects of the criminal law,... 2021 Yes
Karen Engle , Lucas Lixinski QUILOMBO LAND RIGHTS, BRAZILIAN CONSTITUTIONALISM, AND RACIAL CAPITALISM 54 Vanderbilt Journal of Transnational Law 831 (October, 2021) The 1988 Brazilian Constitution, the first in a wave of new democratic and multicultural constitutions in Latin America, contains a transitory provision guaranteeing collective land rights to quilombo communities. These communities are composed of quilombolas, primarily descendants of formerly enslaved Africans, many of whom had escaped slavery. A... 2021  
The Honorable Solomon Oliver Jr. RACE AND POLICING: SOME THOUGHTS AND SUGGESTIONS FOR REFORM 89 Fordham Law Review 2597 (May, 2021) Daniel Capra: We are really honored here today at Fordham Law School's Center for Judicial Events and Clerkships to have as our guest speaker Judge Solomon Oliver of the Northern District of Ohio. I'm going to give a bio; I'm trying not to take up all the time allotted for the talk, because he's accomplished so much that I could probably do so.... 2021 Yes
Ric Simmons RACE AND REASONABLE SUSPICION 73 Florida Law Review 413 (March, 2021) The current political moment requires society to rethink the ways that race impacts policing. Many of the solutions will be political in nature, but legal reform is necessary as well. Law enforcement officers have a long history of considering a suspect's race when conducting criminal investigations. The civil rights movement and the progressive... 2021  
Yuvraj Joshi RACIAL TRANSITION 98 Washington University Law Review 1181 (2021) The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought racial transition. While Civil... 2021  
Jasmine E. Harris RECKONING WITH RACE AND DISABILITY 130 Yale Law Journal Forum 916 (June 30, 2021) Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient sociopolitical issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely... 2021  
Katherine Mims Crocker RECONSIDERING SECTION 1983'S NONABROGATION OF SOVEREIGN IMMUNITY 73 Florida Law Review 523 (May, 2021) Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any person who violates federal rights. The U.S. Supreme Court has long held that person excludes states... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 39 Minnesota Journal of Law & Inequality 511 (2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
JLI Vol. 39 Editorial Board REFUNDING THE COMMUNITY: WHAT DEFUNDING MPD MEANS AND WHY IT IS URGENT AND REALISTIC 47 Mitchell Hamline Law Review 138 (November, 2021) (The police) are a very real menace to every black cat alive in this country. And no matter how many people say, You're being paranoid when you talk about police brutality'--I know what I'm talking about. I survived those streets and those precinct basements and I know. And I'll tell you this--I know what it was like when I was really helpless,... 2021  
Christina Payne-Tsoupros REMOVING POLICE FROM SCHOOLS USING STATE LAW HEIGHTENED SCRUTINY 17 Northwestern Journal of Law & Social Policy 1 (Fall, 2021) This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal... 2021 Yes
Jamelia N. Morgan RETHINKING DISORDERLY CONDUCT 109 California Law Review 1637 (October, 2021) Disorderly conduct laws are a combination of common law offenses aimed at protecting the public order, peace, and tranquility. Yet, contrary to common legal conceptions, the criminalization of disorderly conduct is not just about policing behavior that threatens to disrupt public order or even the public's peace and tranquility. Policing disorderly... 2021  
Anna Lvovsky RETHINKING POLICE EXPERTISE 131 Yale Law Journal 475 (November, 2021) This Article examines a counterintuitive phenomenon: cases where claims of police expertise do not bolster but undercut police authority in court. Assertions of unique insight, training, and experience have long provided officers with a reliable claim to deference, deflecting a range of challenges to police misconduct. Yet in a variety of disputes,... 2021 Yes
Jeanelly Nuñez SCANNING FOR BIAS: A NEUROSCIENTIFIC RESPONSE TO POLICING WITH IMPLICIT BIAS 27 Cardozo Journal of Equal Rights & Social Justice 295 (Spring, 2021) C1-2Table of Contents I. Introduction. 296 II. Numbers Do Not Lie--Statistical Data on Racial Disparities. 298 A. Am I Next? Likelihood that Victims to Fatal Police Violence are Men of Color. 298 B. Examining Drug Arrest Numbers for Minorities Compared to White People. 299 C. Driving While Black and Terry v. Ohio. 300 D. Minorites Make Up the... 2021 Yes
Thalia González , Emma Kaeser SCHOOL POLICE REFORM: A PUBLIC HEALTH IMPERATIVE 74 SMU Law Review Forum 118 (August, 2021) Out of the twin pandemics currently gripping the United States--deaths of unarmed Black victims at the hands of police and racialized health inequities resulting from COVID-19--an antiracist health equity agenda has emerged that identifies racism as a public health crisis. Likewise, calls for reform of school policing by those advocating for civil... 2021 Yes
Chelsea Hanlock SETTLING FOR SILENCE: HOW POLICE EXPLOIT PROTECTIVE ORDERS 109 California Law Review 1507 (August, 2021) The national outcry and months of Black Lives Matter protests against police brutality that followed the police killings of George Floyd and Breonna Taylor are a resounding demonstration of the public's interest in combatting police violence, particularly excess force used on Black Americans. While media attention on police killings increased after... 2021 Yes
Michelle S. Jacobs SOMETIMES THEY DON'T DIE: CAN CRIMINAL JUSTICE REFORM MEASURES HELP HALT POLICE SEXUAL ASSAULT ON BLACK WOMEN? 44 Harvard Journal of Law & Gender 251 (Spring, 2021) In the eighteen months between March 2019 and August 2020, at least eight Black women were murdered by the police. Breonna Taylor was one of them. Officer Brett Hankison, one of the three officers who murdered Breonna Taylor, was eventually discharged from the Louisville Police Department. In the memo discharging him, the police chief cited... 2021 Yes
Theresa Rocha Beardall, J.D., Ph.D. SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH 21 Nevada Law Journal 1025 (Spring, 2021) In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... 2021 Yes
Hilary Rau , Kim Shayo Buchanan , Monique L. Dixon , Phillip Atiba Goff STATE REGULATION OF POLICING: POST COMMISSIONS AND POLICE ACCOUNTABILITY 11 UC Irvine Law Review 1349 (August, 2021) This Article examines the untapped potential of Peace Officer Standards and Training (POST) commissions to protect communities that experience police misconduct and discrimination. POST commissions, which are created by state laws and exist in all fifty states, have broad authority to regulate police officers and police departments. POST... 2021 Yes
Harvey Gee SURVEILLANCE STATE: FOURTH AMENDMENT LAW, BIG DATA POLICING, AND FACIAL RECOGNITION TECHNOLOGY 21 Berkeley Journal of African-American Law & Policy 43 (2021) The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Andrew Guthrie Ferguson. New York University Press, 2017. Pp.259. $28.00 Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century. Ric Simmons. Cambridge University Press, 2019. Pp.264. $34.99 Introduction. 44 I. Big Data Surveillance,... 2021 Yes
Julian A. Cook, III SUSPICIONLESS POLICING 89 George Washington Law Review 1568 (December, 2021) The tragic death of Elijah McClain--a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers--epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police... 2021 Yes
Jalila Jefferson-Bullock, Jelani Jefferson Exum THAT IS ENOUGH PUNISHMENT: SITUATING DEFUNDING THE POLICE WITHIN ANTIRACIST SENTENCING REFORM 48 Fordham Urban Law Journal 625 (March, 2021) Introduction: Understanding Calls to Defund the Police. 626 I. Policing in the United States: Systemic Racism, Racial Trauma, and the Need to Rebuild Democracy. 631 A. U.S. Policing Is Systemically Racist. 632 i. The Racist Roots of Policing. 632 ii. Police Funding Is Systemically Racist. 633 B. Policing and Racial Trauma. 636 i. Background... 2021 Yes
David Schultz THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA 39 Minnesota Journal of Law & Inequality 571 (2021) The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... 2021 Yes
David Schultz THE $2 BILLION-PLUS PRICE OF INJUSTICE: A METHODOLOGICAL MAP FOR POLICE REFORM IN THE GEORGE FLOYD ERA 47 Mitchell Hamline Law Review 203 (November, 2021) The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called for a defunding of police,... 2021 Yes
Shelley Welton THE BOUNDS OF ENERGY LAW 62 Boston College Law Review 2339 (October, 2021) Introduction. 2341 I. A Materialist Account of the Field and Its Failings. 2347 A. New Energy Sources and Uses Emerge: 1850-1930. 2348 B. New Deal Legal Gap-Filling and the Mid-Century Détente: 1930-1970. 2353 C. The (Partial) Collapse of the Consensus: 1970-2000. 2357 D. 1990s--2020: Energy Law Meets Climate Change, First Generation. 2361 II. The... 2021  
Eliana Machefsky THE CALIFORNIA ACT TO SAVE [BLACK] LIVES? RACE, POLICING, AND THE INTEREST-CONVERGENCE DILEMMA IN THE STATE OF CALIFORNIA 109 California Law Review 1959 (October, 2021) In January 2020, the California Act to Save Lives became law, raising the state's standard for justifiable police homicide to cover only those police homicides that were necessary in defense of human life. Although the Act was introduced in the wake of protests against officer-involved shootings of Black and Latinx people, the Act itself does not... 2021 Yes
Robert M. Bloom , Nina Labovich THE CHALLENGE OF DETERRING BAD POLICE BEHAVIOR: IMPLEMENTING REFORMS THAT HOLD POLICE ACCOUNTABLE 71 Case Western Reserve Law Review 923 (Spring, 2021) Systemic racism in the United States is pervasive. It runs through every aspect of society, from healthcare to education. Changing all of the parts of society touched by racism is necessary; however, this Article does not provide a cure for systemic racism. It seeks to address a byproduct of this racism: police brutality. Over and over, headlines... 2021 Yes
Sara E. Yates THE DIGITIZATION OF THE CARCERAL STATE: THE TROUBLING NARRATIVE AROUND POLICE USAGE OF FACIAL RECOGNITION TECHNOLOGY 19 Colorado Technology Law Journal 483 (Summer, 2021) The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse This Note applies a racial social control frame to the problem of facial recognition technology (FRT), showing how this technology may entrench preexisting inequalities and disparate treatment of people of color by law enforcement. Police usage of FRT... 2021 Yes
Barbara A. Fedders THE END OF SCHOOL POLICING 109 California Law Review 1443 (August, 2021) Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role... 2021 Yes
Victor Li THE FRANCHISE'S PRIME-TIME FORMULA SHAPED A GENERATION'S UNDERSTANDING OF THE LEGAL SYSTEM 107-SEP ABA Journal 34 (August/September, 2021) In the criminal justice system, the people are represented by two separate yet equally important groups: The police, who investigate crime, and the district attorneys, who prosecute the offenders. These are their stories. Two loud CLANGS, which evoke the slamming of a prison cell combined with the bang of a judge's gavel. FADE IN EXT. PARKING LOT... 2021  
Andrew Lanham THE GEOPOLITICS OF AMERICAN POLICING 119 Michigan Law Review 1411 (April, 2021) Badges Without Borders: How Global Counterinsurgency Transformed American Policing. By Stuart Schrader. Oakland: University of California Press. 2019. Pp. xi, 393. Cloth, $85; paper, $29.95 On July 9, 2016, Jonathan Bachman, a freelance photographer for Reuters, snapped a photograph of Ieshia Evans, a nurse from Pennsylvania, as she confronted the... 2021 Yes
Vincent M. Southerland THE INTERSECTION OF RACE AND ALGORITHMIC TOOLS IN THE CRIMINAL LEGAL SYSTEM 80 Maryland Law Review 487 (2021) A growing portion of the American public--including policymakers, advocates, and institutional stakeholders--have accepted the fact that racism endemic to the United States infects every stage of the criminal legal system. Acceptance of this fact has resulted in efforts to address and remedy pervasive and readily observable systemic bias. Chief... 2021  
Brandon Hasbrouck THE JUST PROSECUTOR 99 Washington University Law Review 627 (2021) As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration. This was and is by design. Prosecutorial power derives from our constitutional structure--prosecutors are given almost unfettered discretion to determine who to charge, what to charge, and, often, what the... 2021  
Eisha Jain THE MARK OF POLICING: RACE AND CRIMINAL RECORDS 73 Stanford Law Review Online 162 (June, 2021) This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone--regardless of whether they result in convictions--create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal... 2021 Yes
Nicole Smith Futrell THE PRACTICE AND PEDAGOGY OF CARCERAL ABOLITION IN A CRIMINAL DEFENSE CLINIC 45 New York University Review of Law and Social Change 159 (2021) Current social and racial justice movements have helped to advance deeper interest in the long-standing work of carceral abolitionists. Abolitionists understand that the criminal legal process ineffectively uses state-sanctioned violence, surveillance, punishment, and exclusion to address, and counterproductively perpetuate, the underlying problems... 2021  
Aaron Tang THE RADICAL-INCREMENTAL CHANGE DEBATE, RACIAL JUSTICE, AND THE POLITICAL ECONOMY OF TEACHERS' CHOICE 169 University of Pennsylvania Law Review Online 186 (2021) L1-2Introduction . L3186 I. Teachers, Schools, and (Suburban) Parents. 193 A. Teachers. 193 B. Schools. 195 1. Integration. 195 2. School Choice. 197 C. Suburban Parents. 198 II. The Political Economy of Teachers' Choice. 200 A. Teachers' Choice. 201 B. The Political Economy of Teachers' Choice. 205 C. The Political Economy of Teachers' Unions. 207... 2021  
Mira Edmonds THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY 28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... 2021  
Angela Onwuachi-Willig THE TRAUMA OF AWAKENING TO RACISM: DID THE TRAGIC KILLING OF GEORGE FLOYD RESULT IN CULTURAL TRAUMA FOR WHITES? 58 Houston Law Review 817 (Symposium, 2021) The act of witnessing the killing of George Floyd, a forty-six-year-old, African-American father, brother, partner, and son, at the hands of the police caused many white individuals to experience an epiphany about racism, specifically structural racism, in the United States. Following the horrific killing of George Floyd, many white people began to... 2021  
Jessica M. Eaglin TO "DEFUND" THE POLICE 73 Stanford Law Review Online 120 (June, 2021) Much public debate circles around grassroots activists' demand to defund the police, raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of defund to clarify and distinguish four alternative, substantive policy positions that legal reforms... 2021 Yes
Monika Batra Kashyap TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS 26 Michigan Journal of Race and Law 87 (Winter, 2021) C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... 2021  
Kyle C. Velte TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK 33 Yale Journal of Law & Feminism 119 (2021) White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... 2021  
Jordan Blair Woods TRAFFIC WITHOUT THE POLICE 73 Stanford Law Review 1471 (June, 2021) We are at a watershed moment in which growing national protest and public outcry over police injustice and brutality, especially against people of color, are animating new meanings of public safety and new proposals for structural police reforms. Traffic stops are the most frequent interaction between police and civilians today, and they... 2021 Yes
Julie Dahlstrom TRAFFICKING AND THE SHALLOW STATE 12 UC Irvine Law Review 61 (November, 2021) More than two decades ago, the Trafficking Victims Protection Act (TVTA) established new, robust protections for immigrant victims of trafficking. In particular, Congress created the T visa, a special form of immigration status, to protect immigrant victims from deportation. Despite lofty ambitions, the annual cap of 5,000 T visas has never been... 2021  
Dylan Rodríguez TYRANNY OF THE TASK FORCE: POLICE ABOLITION AND THE COUNTERINSURGENT CAMPUS 53 Connecticut Law Review 571 (September, 2021) C1-2Essay Contents INTRODUCTION: (ANTIBLACK) DOMESTIC WAR, COUNTERINSURGENCY, AND THE CONDITIONS FOR ABOLITION. 573 I. COUNTERINSURGENCY (STATESIDE). 580 II. COUNTERINSURGENCY CAMPUS, PT. 1: UNIVERSITY OF CALIFORNIA, A CASE STUDY. 582 A. Case 1, Dumb Faith: The Academic Senate's Recommendations for UC Policing. 584 B. Case 2, Audit, Wash, and... 2021 Yes
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