AuthorTitleCitationSummaryYearkey Terms in Title
  UNMASKING THE BOSTON POLICE DEPARTMENT'S GANG DATABASE: HOW AN ARBITRARY SYSTEM CRIMINALIZES INNOCENT CONDUCT 137 Harvard Law Review 1381 (March, 2024) A teenager in East Boston walks to school wearing a blue windbreaker--a gift from his mother--and a Chicago Bulls hat. Along the way, he crosses paths with a friend and a classmate he does not know, who walk with him. Once at school, he rushes to class and stops briefly to talk with a peer about their school project. When the school day ends, he... 2024 Yes
Sam Kamin UNREASONABLE TRAFFIC STOPS 65 William and Mary Law Review 1349 (May, 2024) In 1996, the Supreme Court announced in Whren v. United States that a traffic stop is constitutional if there is probable cause to believe a traffic infraction has occurred. So long as the officers who stop an individual can point--even after the fact--to any violation of the traffic laws, their actual, subjective motivations for initiating a stop... 2024  
Jennifer Bauer UNREASONABLE, UNFAIR, AND UNACCOUNTABLE: WHAT COMMONWEALTH v. POWNALL REVEALS ABOUT INSTRUCTING JURIES ON POLICE USE OF DEADLY FORCE 128 Penn State Law Review 987 (Spring, 2024) Police violence is a widespread problem in the United States that disproportionately affects Black communities. Social justice movements and the media pressure prosecutors to pursue criminal charges against offending officers. However, convictions are rare, partly because officers can assert a legal defense for using deadly force in effecting... 2024 Yes
Brandon Hasbrouck UNSHIELDED: HOW THE POLICE CAN BECOME TOUCHABLE: SHIELDED: HOW THE POLICE BECAME UNTOUCHABLE. BY JOANNA SCHWARTZ. NEW YORK, N.Y.: VIKING. 2023. PP. XXI, 308. $30.00 137 Harvard Law Review 895 (January, 2024) We're Americans. --Red I grew up in upstate New York. My family was poor. We were one of a handful of Black families in a predominantly white trailer park. As a single mother raising four children, my mom worked tirelessly for us to survive. She would come home after working a three-to-eleven shift and pray. She would often pray that my older... 2024 Yes
Terry Allen USING SPATIAL AND QUALITATIVE ANALYSIS TO RETHINK SCHOOL POLICING 112 Georgetown Law Journal 987 (May, 2024) When researchers typically think about the problem of policing in schools, we tend to focus on the experiences of Black children in majority-Black and Latino schools. This body of scholarship has shown that Black students disproportionately experience negative police encounters in majority-Black and Latino schools compared to other racial and... 2024 Yes
Lisa A. Tucker UTAH v. STRIEFF AND TEACHING ANALYSIS 98 Saint John's Law Review 121 (2024) In Utah v. Strieff, the Supreme Court considered whether the Fourth Amendment required suppression of evidence obtained in an unlawful investigatory stop when police discovered that the person stopped was subject to lawful arrest based on an unrelated outstanding warrant. The majority opinion, written by Justice Clarence Thomas, held that... 2024 Yes
Nabil Yousfi VERSES TURNED TO VERDICTS: YSL RICO CASE SETS A HIGH-WATERMARK FOR THE LEGAL PSEUDO-CENSORSHIP OF RAP MUSIC 47 Seattle University Law Review 1507 (Spring, 2024) Whichever way you spin the record, rap music and courtrooms don't mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh's ear for rap music, frequently allowing rap lyrics--but not similar... 2024  
Patrick Maley WARDLOW AFTER BLACK LIVES MATTER: USING A PROTEST MOVEMENT TO ESTABLISH A COLORABLE EQUAL PROTECTION CHALLENGE TO SUPREME COURT PRECEDENT 54 Seton Hall Law Review 1437 (2024) In the war against drugs, the justification of one questionable search as the basis for the next questionable search, and the next one, is slowly leading to the erosion of our Fourth Amendment protections. This process occurs almost imperceptibly in much the same way that light fades into dusk and dusk into darkness. It is in this twilight period... 2024  
  WARRANTLESS SEARCHES AND SEIZURES 53 Georgetown Law Journal Annual Review of Criminal Procedure 49 (2024) Under the Fourth Amendment, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements,... 2024  
Semir Bulle, MD WE CANNOT POLICE SYSTEMIC RACISM AND SYSTEMIC POVERTY: WHY POLICING IS NOT A SOLUTION TO OUR PUBLIC HEALTH CRISIS 2024 Utah Law Review 807 (2024) Health outcomes are profoundly influenced by the environmental conditions in which people live. The persistent legacy of structural injustices suffered by Indigenous and Black communities has had a detrimental effect on their current health status. These disparities are deeply troubling. In Canada, an individual's racial background is the primary... 2024 Yes
Garrett I. Halydier WE(ED) THE PEOPLE OF CANNABIS, IN ORDER TO FORM A MORE EQUITABLE INDUSTRY: A THEORY FOR IMAGINING NEW SOCIAL EQUITY APPROACHES TO CANNABIS REGULATION 19 University of Massachusetts Law Review 225 (Spring, 2024) States increasingly implement social equity programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to... 2024  
Aliza Hochman Bloom WHACK-A-MOLE REASONABLE SUSPICION 112 California Law Review 1129 (August, 2024) Given we know that young Black men are disproportionately surveilled, stopped, questioned, and searched by police, why do courts permit continued use of ambiguous and racialized descriptions of behavior to support the reasonable suspicion required for a stop or frisk? Because a court's reasonable suspicion calculus often relies exclusively on one... 2024 Yes
Issa Kohler-Hausmann WHAT DID SFFA BAN? ACTING ON THE BASIS OF RACE AND TREATING PEOPLE AS EQUALS 66 Arizona Law Review 305 (Summer, 2024) The Supreme Court has declared that the race-conscious admissions at Harvard and the University of North Carolina (UNC) are unconstitutional under the Fourteenth Amendment of the United States Constitution. The problem is, nobody knows what, precisely, has been banned by the Court's decision in Students for Fair Admissions v. Harvard. The... 2024  
Máximo Langer WHAT IS PENAL MINIMALISM? 101 Washington University Law Review 2031 (2024) C1-2Table of Contents Introduction. 2032 I. Minimalism as a Conceptual and Normative Space Between Tough-on-Crime Positions, Abolitionism, and Civil Libertarianism in the United States. 2034 II. Three Minimalist Criminal Law Works. 2037 A. Diritto Penale Minimo for Luigi Ferrajoli. 2037 B. Douglas Husak's Criminal Law Minimalism. 2042 C. My... 2024  
Allison Gherovici WHATEVER HAPPENED TO PROTECTING FAMILIES: THE SIXTH CIRCUIT NARROWS AVAILABILITY OF 42 U.S.C. § 1983 RELIEF FOR CHILDREN OF A WRONGFULLY INCARCERATED PARENT 69 Villanova Law Review 397 (2024) In 2017, a Texas court overturned the wrongful conviction of Hannah Overton, a mother of five. Overton was fostering a four-year-old child who mysteriously died of high sodium levels. The court convicted Overton of capital murder and sentenced her to prison for seven years. Ten years after the conviction, Overton's appellate attorney prevailed on a... 2024  
Robyn Weinstein WHAT'S GOING ON? DIVERSITY, EQUITY, AND INCLUSION DISPUTE RESOLUTION INITIATIVES IN THE U.S. 73 Washington University Journal of Law & Policy 294 (2024) Our past, our history, and the people we encounter in life matter. They matter because they shape our experiences, our stories, our identities, what we choose to do (or not do), our present, our future and our ethical stance. - Jacqueline N. Font-Guzmán Over the course of my career, I have worked for and managed community dispute resolution... 2024  
Teneille R. Brown WHEN DOCTORS BECOME COPS 97 Southern California Law Review 675 (March, 2024) The lines between law enforcement and health care are blurring. Police increasingly lean on doctors to provide them with genetic samples, prescription histories, and toxicology results that they could not obtain on their own. This often occurs without a warrant or the patient's consent. At the same time, legislatures are using physicians as... 2024 Yes
Julia Eger WHEN HANDCUFFS REPLACE DETENTION SLIPS: REDUCING THE CRIMINALIZATION OF STUDENTS BY FILLING GAPS IN FOURTH AMENDMENT DOCTRINE 27 University of Pennsylvania Journal of Law and Social Change 45 (2024) The presence of School Resource Officers (SROs) in today's schools puts students at risk of being arrested for a variety of non-dangerous behaviors that schools would otherwise address through the school discipline process. This issue disproportionately affects students of color, and their interactions with SROs detract from their education and... 2024  
Hector Pagan WHEN PROSECUTORS DEFY THE CONSTITUTION: UNMASKING THE CONSTITUTIONAL AND SOCIAL RAMIFICATIONS OF CATEGORICAL PROSECUTORIAL NULLIFICATION 57 Suffolk University Law Review 391 (2024) The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for. The Take Care Clause of the United States Constitution mandates the President shall take care that the... 2024  
Emily Galvin-Almanza WHEN WARRIORS BECOME HEALERS 39-SUM Criminal Justice 30 (Summer, 2024) In our current national conversation on public safety, policing, mass incarceration, and the future of racial justice in America, nothing has been more underestimated and underdiscussed than the tremendous potential of public defenders to bring about change. When we as defenders make the news, it's usually because of a crisis--historic lack of... 2024 Yes
Justice Tankebe , Atul Fulzele WHISTLEBLOWING DECISIONS BY POLICE OFFICERS 49 Law and Social Inquiry 2128 (November, 2024) Police organizations are moral battlefields. Blowing the whistle on misconduct is one domain of moral contestation. Yet whistleblowing by police officers is important to ensure accountability, prevent threats to the rule of law, and avoid police capture by organized crime. In this study, we draw on a survey of 975 police officers in Himachal... 2024 Yes
Marissa Jackson Sow WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE 14 UC Irvine Law Review 459 (May, 2024) Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... 2024  
Tasseli McKay , William A. “Sandy” Darity Jr. WHO BENEFITS FROM MASS INCARCERATION? A STRATIFICATION ECONOMICS APPROACH TO THE "COLLATERAL CONSEQUENCES" OF PUNISHMENT 20 Annual Review of Law and Social Science 309 (2024) mass incarceration, stratification economics, race, inequality, punishment, collateral consequences A rich empirical literature documents the consequences of mass incarceration for the wealth, health, and safety of Black Americans. Yet it often frames such consequences as a regrettable artifact of racially disproportionate criminal legal system... 2024  
Vida B. Johnson WHOM DO PROSECUTORS PROTECT? 104 Boston University Law Review 289 (March, 2024) Prosecutors regard themselves as public servants who fight crime and increase community safety on behalf of their constituents. But prosecutors do not only seek to protect those they are supposed to serve. Instead, prosecutors often trade community safety, privacy, and even the constitutional rights of the general public to enlarge police power.... 2024 Yes
LeRoy Pernell WHY I WILL NOT STOP TEACHING LAW STUDENTS TO THINK CRITICALLY ABOUT RACE: THE ATTACK ON TEACHING ABOUT THE ROLE OF RACE IN LAW 25 Rutgers Race & the Law Review 1 (2024) In 2022, the Florida Legislature passed the Individual Freedom Act (IFA or HB 7). HB 7 prohibits training or instruction that espouses, promotes, advances, inculcates, or compels . student[s] or employee[s] to believe eight specified concepts. These eight concepts were as follows: 1. Members of one race, color, national origin, or sex are... 2024  
Siya Hegde, Carlton Martin WITH LIBERTY AND JUSTICE FOR ALL: THE CASE FOR DECRIMINALIZING HOMELESSNESS AND MENTAL HEALTH IN AMERICA 21 Indiana Health Law Review 249 (2024) I remember the heartbreak I felt when my best friend deserted me shortly after our wedding . I spiraled into an even deeper depression, leading to my resignation from Apple and eventual homelessness in North Carolina. Events turned even more harrowing when an unfortunate encounter with the police led to my hospitalization and official diagnoses of... 2024 Yes
Hillary B. Farber WRITE BEFORE YOU WATCH: POLICIES FOR POLICE BODY-WORN CAMERAS THAT ADVANCE ACCOUNTABILITY AND ACCURACY 61 American Criminal Law Review 59 (Winter, 2024) In the wake of high-profile killings and abuse by police officers over the past few years, the public has come to expect that officers will be equipped with body-worn cameras (BWCs). These cameras capture and preserve encounters between police and civilians, and the footage they record often becomes critical evidence in criminal, civil, or... 2024 Yes
Richard Berner YES, YOUR BROKEN TAILLIGHT DOES MATTER: WHY ENFORCEMENT OF MINOR TRAFFIC VIOLATIONS IS INTEGRAL FOR A SAFE SOCIETY 33 Widener Commonwealth Law Review 193 (2024) At his best, man is the noblest of all animals; separated from law and justice he is the worst. These words serve as a reminder that within the framework of law and order, human beings are the most spectacular creatures to walk the face of the Earth. Outside of this framework, we are no greater than the most savage of beasts. The United States... 2024  
Major ReAnne R. Wentz "EQUALITY OF TREATMENT": HOW SERVICE MEMBERS OF COLOR ARE DISPROPORTIONATELY IMPACTED BY THE MILITARY LAW ENFORCEMENT'S TITLING PROCESS 230 Military Law Review 307 (2023) The inequality experienced today is part of the legacy of our nation's past. It is also, more specifically, the harvest of the military's own history of racial exclusion, followed by racial segregation and discrimination. It is, as well, intimately linked to and reinforced by social conditions existing in the larger society. White and non-white... 2023  
Mackenzie Boyer "I CAN'T BREATHE": HOW RECORDING THE POLICE CAN SAVE A LIFE AND THE JUSTICE SYSTEM 29 Widener Law Review 241 (2023) 9 minutes, and 29 seconds--the excruciating length of time during which George Floyd cried out I can't breathe twenty-eight times as he was slowly dying at the hands, or knees rather, of law enforcement. I can't breathe-- George Floyd's last three words, each cry for help more faint than the last, as he gradually lost consciousness, and... 2023 Yes
Marcia M. Ziegler 32 SHOTS IN THE DARK: HOW LOCAL GOVERNMENTS CAN INCREASE POLICE ACCOUNTABILITY WHEN STATES REFUSE TO 74 Mercer Law Review 1155 (Spring, 2023) On March 13, 2020, Breonna Taylor was shot to death in her apartment hallway by police officers executing a search warrant. The warrant was based on a false affidavit, the executing officers acted criminally on scene, and in the aftermath, detectives spread misinformation about the case on social media. While there was some limited accountability... 2023 Yes
  A Commentary on Qualified Immunity in the Aftermath of City of Tahlequah v. Bond 59 Criminal Law Bulletin 2 (59-SEP Trial 18) Delores D. Jones-Brown earned a J.D. and a Ph.D. in criminal justice from Rutgers University. She is retired from the Department of Law, Police Science, and Criminal Justice Administration at John Jay College of Criminal Justice, City University of New York (CUNY). She was the founding director of the John Jay College Center on Race, Crime, and... 2023  
Sydney Baker , Kamar Y. Tazi , Emily Haney-Caron A CRITICAL DISCUSSION OF YOUTH MIRANDA WAIVERS, RACIAL INEQUITY, AND PROPOSED POLICY REFORMS 29 Psychology, Public Policy, and Law 320 (August, 2023) Courts often assume that youth and adult suspects are equally capable of making decisions about whether to talk to police officers--decisions that carry serious long-term consequences. In Miranda v. Arizona, the Supreme Court ruled that prior to custodial interrogation, police officers must remind suspects of their rights to silence and legal... 2023  
Ryan D. King , Besiki L. Kutateladze A HIGHER BAR: INSTITUTIONAL IMPEDIMENTS TO HATE CRIME PROSECUTION 57 Law and Society Review 489 (December, 2023) Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified:... 2023  
Garanique Williams A MEANS TO AN END: A WAY TO CURB BIAS-BASED POLICING IN NEW YORK CITY 2023 Cardozo Law Review de novo 90 (2023) C1-2Table of Contents Introduction. 91 I. Background. 95 A. Explaining the New York City Housing Authority (NYCHA). 95 B. The Rise of Police Service Areas (PSAs). 96 C. The Problem with PSAs. 98 D. Section 14-151 of the Administrative Code's Offered Protections to Bias-Based Profiling. 101 E. The Constitutional Protections to the Problem of... 2023 Yes
Simone Drake , Katrina Lee , Kevin Passino , Hugo Gonzalez Villasanti A MULTIDISCIPLINARY APPROACH TO IMPROVING POLICE INTERACTIONS WITH BLACK CIVILIANS 38 Ohio State Journal on Dispute Resolution 717 (2023) I. Introduction II. Historical Overview A. Race and Policing B. Police Training III. Project Design A. Informed by a Multidisciplinary Team B. Software Development IV. Future Directions V. Conclusion Over-use of force by law enforcement officers in the United States persists, along with a resulting state of crisis in Black communities. Massive... 2023 Yes
Sarah E. Burns, Sarah S. Wheeler A REVIEW AND LOOK AHEAD AT CRIMINALIZING PREGNANCY IN THE NAME OF THE STATE INTEREST IN FETAL LIFE 76 SMU Law Review 369 (Spring, 2023) Across the United States, and especially in communities that are highly policed and in places hostile to abortion, pregnant people are dying, suffering, being separated from their children and families, and going to jail and prison in purported service of the state interest in fetal life recognized in Roe v. Wade and expanded in Planned Parenthood... 2023  
Matthew Sweat A SQUARE DOUBLE HELIX IN A ROUND HOLE: FORENSIC GENETIC GENEALOGY SEARCHES AND THE FOURTH AMENDMENT 39 Georgia State University Law Review 605 (Winter, 2023) A forensic genetic genealogy search (FGGS) involves law enforcement's use of consumer DNA databases to generate leads to solve cold cases. As a result of more modern technological processes, the DNA profiles kept in consumer databases are far more revealing than the DNA profiles stored in the FBI's Combined DNA Index System (CODIS). Accordingly,... 2023  
Samantha Buckingham ABOLISHING JUVENILE INTERROGATION 101 North Carolina Law Review 1015 (May, 2023) Rehabilitation is a paramount consideration in abolishing police interrogation of youth. Interrogation is one of the first interactions young people have with the criminal legal system. Unfortunately, the most common methods of interrogation are coercive rather than consensual. Youth are uniquely vulnerable to coercive methods, especially in... 2023  
Josephine Ross ABOLISHING POLICE CONSENT SEARCHES THROUGH LEGISLATION: LESSONS FROM SCOTLAND 72 American University Law Review 2017 (August, 2023) Why have U.S. civil rights organizations omitted the abolition of consent searches from the panoply of recommended police reforms? As over 90% of all searches of cars and pedestrians in the United States are based on consent, this begs the question. The Supreme Court created the consent loophole so that police who lacked probable cause could... 2023 Yes
Allegra McLeod ABOLITION AND ENVIRONMENTAL JUSTICE 69 UCLA Law Review 1536 (September, 2023) During the coronavirus pandemic, movements for penal abolition and racial justice achieved dramatic growth and increased visibility. While much public discussion of abolition has centered on the call to divest from criminal law enforcement, contemporary abolitionists also understand public safety in terms of building new life-sustaining... 2023  
Brandon Hasbrouck ALLOW ME TO TRANSFORM: A BLACK GUY'S GUIDE TO A NEW CONSTITUTION 121 Michigan Law Review 883 (April, 2023) Allow Me to Retort: a Black Guy's Guide to the Constitution. By Elie Mystal. New York: The New Press. 2022. Pp. 270. Cloth, $25.10; paper, $17.66. What happens to a dream deferred? --Langston Hughes Constitutional law seeps into our daily lives in America. Whether it's a state legislature taking another shot at undermining civil rights or a police... 2023  
Elliott Averett AN UNQUALIFIED DEFENSE OF QUALIFIED IMMUNITY 21 Georgetown Journal of Law & Public Policy 241 (Winter, 2023) A policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause and being mulcted in damages if he does. --Chief Justice Earl Warren This Note argues that, rather than being eliminated, qualified immunity should be strengthened in the face of a nationwide... 2023  
Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi ANTI-CARCERAL HUMAN RIGHTS ADVOCACY 26 University of Pennsylvania Journal of Law and Social Change 173 (2023) Abstract. The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little... 2023  
Jeffrey Fagan , Lila J.E. Nojima ARE POLICE OFFICERS BAYESIANS? POLICE UPDATING IN INVESTIGATIVE STOPS 113 Journal of Criminal Law and Criminology 593 (Summer, 2023) Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, the behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that... 2023 Yes
Eang L. Ngov ASYMMETRIES, NORM MATCHING, AND THE PURSUIT OF EQUITY BETWEEN THE POLICE AND THE PUBLIC 60 American Criminal Law Review 231 (Spring, 2023) Concerns about police abuse and overcriminalization are on the forefront of public conscientiousness. In spite of the Black Lives Matter movement and calls for police reform, law enforcement officials enjoy a variety of criminal procedure loopholes and double standards, which the United States Supreme Court has ratified through its creation of the... 2023 Yes
Ronald J. Coleman BIG DATA POLICING CAPACITY MEASUREMENT 53 New Mexico Law Review 305 (Summer, 2023) Big data, algorithms, and computing technologies are revolutionizing policing. Cell phone data. Transportation data. Purchasing data. Social media and internet data. Facial recognition and biometric data. Use of these and other forms of data to investigate, and even predict, criminal activity is law enforcement's presumptive future. Indeed, law... 2023 Yes
Michael Z. Green BLACK AND BLUE POLICE ARBITRATION REFORMS 84 Ohio State Law Journal 243 (2023) The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power... 2023 Yes
Ayesha Bell Hardaway BLACK AND BLUE: THE INTRACTABLE PRESENCE OF RACE IN AMERICAN POLICING 73 Case Western Reserve Law Review 607 (Spring, 2023) The Racial Reckoning of 2020 ignited a national conversation about the myriad structural flaws in our policing systems. This was not the first time. Modern America has experienced several waves of national discussions about policing. The first sustained wave began during the 1950s and ran through the 1960s, with Black activists and their allies... 2023 Yes
Norrinda Brown BLACK LIBERTY IN EMERGENCY 118 Northwestern University Law Review 689 (2023) Abstract--COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns--criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most... 2023  
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