| Author | Title | Citation | Summary | Year | key Terms in Title |
| Likhitha Butchireddygari |
TAXING POLICE BRUTALITY BONDS |
123 Columbia Law Review 1017 (May, 2023) |
In view of decades of devastating police violence and efforts to reform policing, this Note points to two concurrent phenomena that result in the federal tax code granting benefits to the wealthiest taxpayers who lend to municipalities for police brutality settlements. The first phenomenon is cities electing to issue bonds to satisfy these costly... |
2023 |
Yes |
| Omavi Shukur |
THE CRIMINALIZATION OF BLACK RESISTANCE TO CAPTURE AND POLICING |
103 Boston University Law Review 1 (February, 2023) |
The antiblack dimensions of antiresisting laws, that is, criminal proscriptions against physically resisting law enforcement, harden white social dominance and deepen black racial subordination. This Article contributes to the field by identifying and examining the relationship between black resistance to racial subordination and the development of... |
2023 |
Yes |
| Paul J. Larkin , GianCarlo Canaparo |
THE FALLACY OF SYSTEMIC RACISM IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
18 Liberty University Law Review 1 (Fall, 2023) |
Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the war on the War on Drugs, it is a justification used by the so-called progressive prosecutors to reject the Broken Windows theory of law enforcement, and it is an article of faith of the Defund the Police! movement. Even President... |
2023 |
|
| Shawn E. Fields |
THE FOURTH AMENDMENT WITHOUT POLICE |
90 University of Chicago Law Review 1023 (June, 2023) |
What role will the Fourth Amendment play in a world without police? As academics, activists, and lawmakers explore alternatives to traditional law enforcement, it bears asking whether the amendment primarily tasked with regulating police investigations would also regulate postpolice public safety agencies. Surprisingly, the answer is often no.... |
2023 |
Yes |
| Ava Ayers |
THE IMPOSSIBILITY OF LOCAL POLICE REFORM |
50 Fordham Urban Law Journal 609 (April, 2023) |
Why weren't there transformational changes to policing in the United States after the murder of George Floyd and the uprising that followed? While there are many reasons, including entrenched racism and inertia, I want to point to structural factors that make police reform impossible in many localities, and surpassingly difficult in all. First, the... |
2023 |
Yes |
| Logan Ewanation, Evelyn M. Maeder, Institute of Criminology and Criminal Justice, Carleton University |
THE INFLUENCE OF RACE ON JURORS' PERCEPTIONS OF LETHAL POLICE USE OF FORCE |
47 Law and Human Behavior 53 (February, 2023) |
Objective: Many highly publicized police use-of-force encounters have recently occurred in the United States. This project primarily explored whether officer, juror, or victim race affects verdicts in trials involving police use of force. Hypotheses: Because of recent conflicting research surrounding race and juror decision-making, we conducted an... |
2023 |
Yes |
| Zoë Robinson, Stephen Rushin |
THE LAW ENFORCEMENT LOBBY |
107 Minnesota Law Review 1965 (May, 2023) |
Introduction. 1966 I. Power in the Criminal Justice System. 1975 II. Capture in the Criminal Justice System: The Law Enforcement Lobby. 1983 A. Law Enforcement Institutions as Lobbyists. 1983 B. The Rise of the Law Enforcement Lobby. 1985 1. Police Unions. 1987 2. Prosecutorial Lobbyists. 1999 3. Correctional Officer Unions. 2005 III. The Costs of... |
2023 |
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| Abby M. Fink |
THE LONG ROAD TO JUSTICE: WHY STATE COURTS SHOULD LOWER THE EVIDENTIARY BURDEN FOR PROVING RACIALIZED TRAFFIC STOPS AND ADOPT THE EXCLUSIONARY RULE AS A REMEDY FOR EQUAL PROTECTION VIOLATIONS |
13 Washington Journal of Social & Environmental Justice 1 (February, 2023) |
Racist and brutal policing continues to pervade the criminal legal system. Black and brown people who interact with the police consistently face unequal targeting and treatment. Routine traffic stops are especially dangerous and harmful and can lead to death. Under Whren, a police officer's racist motivations or implicit bias towards a driver do... |
2023 |
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| Vincent M. Southerland |
THE MASTER'S TOOLS AND A MISSION: USING COMMUNITY CONTROL AND OVERSIGHT LAWS TO RESIST AND ABOLISH POLICE SURVEILLANCE TECHNOLOGIES |
70 UCLA Law Review 2 (June, 2023) |
The proliferation and use of technology by law enforcement is rooted in the hope that technological tools can improve policing. Improvement, however, is relative. Quantitative data and qualitative experience have proven the criminal legal system a site of racial injustice and rank brutality. Police are one of the principal instruments of those... |
2023 |
Yes |
| Kindaka J. Sanders |
THE NEW DREAD, PART II: THE JUDICIAL OVERTHROW OF THE REASONABLENESS STANDARD IN POLICE SHOOTING |
71 Cleveland State Law Review 1029 (2023) |
C1-2Contents I. Introduction. 1030 II. Excessive Force Law. 1035 A. General. 1035 B. At Common Law. 1041 C. Case Law. 1041 1. Tennessee v. Garner. 1041 2. Graham v. Connor. 1043 3. Scott v. Harris. 1046 4. Plumhoff v. Rickard. 1048 5. County of Los Angeles v. Mendez. 1050 D. Qualified Immunity. 1051 III. Sea Change. 1056 A. Right to Resist an... |
2023 |
Yes |
| Sarah Mikva Pfander |
THE PATH TO MUNICIPAL LIABILITY FOR RACIALLY DISCRIMINATORY POLICING |
69 UCLA Law Review 1270 (January, 2023) |
Racist policing and the racially discriminatory use of force by police officers pose a serious challenge for a legal system committed to equal justice. Yet litigants cannot easily contest the systemic racism that permeates police departments across the country. Individuals injured by police violence may not have the resources to pursue systemic... |
2023 |
Yes |
| I. India Thusi |
THE RACIALIZED HISTORY OF VICE POLICING |
69 UCLA Law Review 1576 (September, 2023) |
Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States--such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and... |
2023 |
Yes |
| Madalyn K. Wasilczuk |
THE RACIALIZED VIOLENCE OF POLICE CANINE FORCE |
111 Georgetown Law Journal 1125 (May, 2023) |
C1-3Table of Contents L1-2Introduction . L31126 I. The Racial History of Police Canine Force. 1132 a. settlement and slavery. 1132 b. from slave dogs to k-9s. 1138 c. dogs of war, at home and abroad. 1146 d. canine biopower as racial infrastructure. 1154 II. The Constitutional Law of Police Canine Force. 1161 a. fourth amendment seizures by police... |
2023 |
Yes |
| Adam M. Gershowitz |
THE TESLA MEETS THE FOURTH AMENDMENT |
48 Brigham Young University Law Review 1135 (2023) |
Can police search a smart car's computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment's... |
2023 |
|
| Lisa Avalos |
THE UNDER-POLICING OF CRIMES AGAINST BLACK WOMEN |
73 Case Western Reserve Law Review 795 (Spring, 2023) |
It is well known that over-policing has a severe adverse impact on communities of color. What is less well known is that over-policing is accompanied by a corollary--a pervasive and systemic under-policing of violence against women of color. The refusal to see women of color as victims of crime who are worthy recipients of justice, and the tendency... |
2023 |
Yes |
| David Kinzer |
THE UNFULFILLED PROMISE OF THE DETROIT BOARD OF POLICE COMMISSIONERS |
69 Wayne Law Review 65 (Spring, 2023) |
I. Introduction. 65 II. Background. 69 A. Early Patterns of Racialized Police Violence. 69 B. John Nichols: Naked in the Jungle of Politics. 72 C. Election Day 1973. 75 D. Implementing Affirmative Action. 78 E. The Fight for Power. 80 F. Throttled Reforms and Stagnation. 84 III. Analysis. 90 A. Revisiting Deadly Force and Qualifying Success. 91... |
2023 |
Yes |
| Anna Arons |
THOMPSON v. CLARK AND THE "REASONABLE" POLICING OF MARGINALIZED FAMILIES |
47 New York University Review of Law and Social Change 221 (2023) |
This Article uses the experience of Larry Thompson, the plaintiff in Thompson v. Clark, 142 S. Ct. 1332 (2022), to examine the absence of privacy for poor families, particularly poor Black, Latinx, and Native families, in the United States. Mr. Thompson may end up remembered in legal history as a victor, as the Supreme Court lowered the barriers to... |
2023 |
Yes |
| Antonio M. Romanucci |
THREE PILLARS FOR POLICE REFORM |
|
America still desperately needs comprehensive police reform, and these recommendations--based on case experiences and research--offer a blueprint for moving the needle forward. Time and time again, we've seen that the police are deeply challenged when policing themselves. Those of us on the frontlines of police reform and who work closely with... |
2023 |
Yes |
| Lina Yoo |
TO PROTECT AND TO SERVE, NOT TO KILL: CHAPTER 405 RAISES AGE AND EDUCATION REQUIREMENTS FOR CALIFORNIA'S POLICE OFFICERS |
54 University of the Pacific Law Review 186 (May, 2023) |
Code Sections Affected Government Code § 1031.4 (added) and Penal Code § 13511.1 (added) AB 89 (Jones-Sawyer); 2021 Stat. Ch. 405 C1-2Table of Contents I. Introduction. 187 II. Legal Background. 189 A. The Need to Reduce California's Death Toll by Police. 190 1. California's Per Capita Police Killings Outnumber the United States' Exceedingly High... |
2023 |
Yes |
| James Roth |
TRANSFORMING THE MINNEAPOLIS POLICE DEPARTMENT TO CONFORM WITH THE RULE OF LAW: REFORM OR ABOLITION |
49 Mitchell Hamline Law Review 474 (April, 2023) |
I. Introduction. 475 II. Rule of Law. 477 III. Background. 477 A. History of the Minneapolis Police Department. 477 B. Statistical Disparities. 486 C. The Murder of George Floyd and Its Aftermath. 487 D. 2021 Referendums to Amend Minneapolis City Charter and Citywide Elections. 490 E. Post-November 2021 Election Developments. 494 F. Department of... |
2023 |
Yes |
| Todd J. Clark , Caleb Gregory Conrad , André Douglas Pond Cummings , Honorable Amy Dunn Johnson |
TRAUMA-INFORMED POLICING: THE IMPACT OF ADULT AND CHILDHOOD TRAUMA ON LAW ENFORCEMENT OFFICERS |
73 Case Western Reserve Law Review 843 (Spring, 2023) |
Introduction. 845 I. The Science of Trauma. 846 A. Trauma on the Brain. 847 B. Childhood Trauma and the ACE Study. 849 C. Trauma and Psychopathology. 853 D. Childhood Trauma and Epigenetics. 854 E. The Criminal Justice System as a Cause of Trauma. 856 F. Protective Factors and the Science of PACEs. 857 G. Double Trauma: Black Police Officers. 858... |
2023 |
Yes |
| Jennifer D. Wood , Evan Anderson |
TRIAGING MENTAL HEALTH EMERGENCIES: LESSONS FROM PHILADELPHIA |
86 Law and Contemporary Problems 29 (2023) |
It is well established that police frequently encounter people experiencing mental health distress. In some instances, the same people are also experiencing other overlapping vulnerabilities like chaotic substance use and housing instability. Because calling 911 to get assistance for mental health crises--and to manage homelessness and public... |
2023 |
|
| Nadia Banteka |
UNCONSTITUTIONAL POLICE PRETEXTS |
2023 Wisconsin Law Review 1871 (2023) |
This Article unearths the pernicious effects of pretextual policing on civil rights and democratic principles. The Fourth Amendment's pretext doctrine has faced widespread criticism for enabling police to shield the real reasons for searches and seizures from constitutional scrutiny. In its ruling on Whren v. United States, the Supreme Court... |
2023 |
Yes |
| Nellie L. King , Law Offices of Nellie L. King, P.A., West Palm Beach, Florida, 561-833-1084, Email Nellie@CriminalDefenseFla.com, Website www.criminaldefensefla.com |
VOICES LOUD AND REVITALIZED |
47-APR Champion 5 (March/April, 2023) |
As criminal defense lawyers, we have long known the power possessed by the police as they direct and shape the investigations, grand jury testimony, arrest, charging decisions, courtroom testimony, and sentencing factors our clients face in the criminal legal system. We are keenly aware of the presumption of credibility and the professional... |
2023 |
|
| Liana Brown |
WHAT THE UNITED STATES COULD LEARN FROM NORWAY: TRAINING POLICE OFFICERS TO BE SOCIAL WORKERS, NOT WARRIORS |
30 University of Miami International and Comparative Law Review 128 (Spring, 2023) |
This note compares the training of police officers and its consequential effects in the United States versus that of Norway. In the United States, the lack of national training standards, in conjunction with an emphasis on technical skills and weaponry, has further perpetuated the Warrior mindset. The Warrior mindset reflects the rhetoric that... |
2023 |
Yes |
| Nancy C. Marcus |
WHEN "RIOT" IS IN THE EYE OF THE BEHOLDER: THE CRITICAL NEED FOR CONSTITUTIONAL CLARITY IN RIOT LAWS |
60 American Criminal Law Review 281 (Spring, 2023) |
In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially... |
2023 |
|
| Madison Blevins |
WHEN DIRTY DATA LEADS TO DIRTY POLICING |
29 Richmond Journal of Law and Technology 166 (2023) |
[1] On May 25th, 2020, George Floyd was tragically killed by police officers in Minneapolis. While George Floyd's death was the shock that catapulted the Black Lives Matter (BLM) movement to the center of international attention, it was also just the tip of the iceberg. Floyd's death was not the first death of a black person at the hands of the... |
2023 |
Yes |
| Daniel S. Harawa |
WHITEWASHING THE FOURTH AMENDMENT |
111 Georgetown Law Journal 923 (May, 2023) |
A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... |
2023 |
|
| Michael Tonry |
WHY AMERICANS ARE A PEOPLE OF EXCEPTIONAL VIOLENCE |
52 Crime and Justice 233 (2023) |
Among Western countries, the United States is an exceptionally violent place. Serious intentional violence--homicides, other violent gun crimes, mass killings, and police killings of civilians--is dramatically more common. Many American laws--regarding self-defense retreat doctrines, stand-your-ground laws, permissive or minimal regulation of... |
2023 |
|
| Jordan B. Woods |
WORKING TO ELIMINATE RACIAL AND IDENTITY PROFILING |
38-FALL Criminal Justice 22 (Fall, 2023) |
On January 7, 2023, five officers from the Memphis Police Department pulled over Tyre Nichols, a 29-year-old Black man, for reckless driving and brutally beat him for several minutes. Tyre was hospitalized and died three days later from extensive bleeding caused by his injuries. Three weeks later, released camera footage of the violent encounter... |
2023 |
|
| Thijs Jeursen, Utrecht University |
"COVER YOUR ASS": INDIVIDUAL ACCOUNTABILITY, VISUAL DOCUMENTATION, AND EVERYDAY POLICING IN MIAMI |
45 PoLAR: Political and Legal Anthropology Review 186 (November, 2022) |
In the context of police violence and the proliferation of cameras, a growing body of anthropological scholarship has sought to understand the role of photography and its relationship to everyday policing. While scholarly attention has been given to how cameras can intensify a racialized visuality of crime and justify violent policing practices,... |
2022 |
Yes |
| Allison R. Ferraris |
"THE RIGHT TO PROTEST FOR RIGHT": REAFFIRMING THE FIRST AMENDMENT PRINCIPLE THAT LIMITS THE TORT LIABILITY OF PROTEST ORGANIZERS |
63 Boston College Law Review 1093 (March, 2022) |
Abstract: On December 16, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Doe v. Mckesson that a court could hold DeRay Mckesson liable for damages to a police officer whom an unidentified assailant injured at a 2016 Black Lives Matter protest that Mckesson helped organize. Mckesson did not cause the officer's injuries, and he did not... |
2022 |
|
| Darren Lenard Hutchinson |
"WITH ALL THE MAJESTY OF THE LAW": SYSTEMIC RACISM, PUNITIVE SENTIMENT, AND EQUAL PROTECTION |
110 California Law Review 371 (April, 2022) |
United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks,... |
2022 |
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| Kiah Duggins |
ABOLITION AND INTERNATIONAL HUMAN RIGHTS: TAIWAN'S AFFIRMATION OF BLACK AMERICAN ABOLITIONIST MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 361 (Summer, 2022) |
America's use of police to maintain a social order that protects the interests of white upper-class citizens is similar to Taiwan's use of a police state to protect the interests of its authoritarian regime from 1945-1987. America's history and international positionality are vastly different from Taiwan's. However, grassroots movements that... |
2022 |
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| Courtney Lauren Anderson |
ACTIVISMITIS |
14 Northeastern University Law Review 185 (February, 2022) |
Introduction 191 I. Women's Rights Protests 191 A. The Beginning 192 B. Seneca Falls Convention of 1848 194 C. Conventions to Follow 195 i. Women's Rights Convention Rochester, NY (1848) 195 D. Organizations 196 E. Key Women for and Against the Inclusion of Women of Color 200 F. Recent Women's Marches 203 G. The Effects of the Women's Rights... |
2022 |
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| Joshua Chanin |
ADDRESSING THE INEVITABILITY OF RACE IN THE DOJ'S ENFORCEMENT OF THE PATTERN-OR-PRACTICE INITIATIVE |
53 Loyola University Chicago Law Journal 287 (Winter, 2022) |
Section 14141 of the 1994 Crime Act empowers the U.S. Department of Justice (DOJ) to investigate and drive reform of local law enforcement agencies found to have engaged in a pattern or practice of misconduct. During the Trump administration, the DOJ willfully allowed its powers under this section to lie dormant, despite a number of high-profile... |
2022 |
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| Francisco Valdes , Steven W. Bender, Jennifer J. Hill |
AFTERWORD: LATCRIT@25 AND BEYOND, PART II--CHALLENGES AND/AS OPPORTUNITIES: CENTERING "HYBRIDIZED" ADVOCACY PROJECTS IN ANTISUBORDINATION PRAXIS TO CONNECT CAMPUSES AND COMMUNITIES FOR MATERIAL LONG-TERM PROGRESS |
20 Seattle Journal for Social Justice 1053 (Summer, 2022) |
[H]ow should people who affiliate with LatCrit, and related movements of critical, antisubordinationist, and progressive scholars, teachers, lawyers, law students, and other activists, attempt to move forward? Should we devote our energy to organizing for incremental reform, attempting to work within existing frameworks and power structures? Or is... |
2022 |
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| Richard L. Revesz |
AIR POLLUTION AND ENVIRONMENTAL JUSTICE |
49 Ecology Law Quarterly 187 (2022) |
Particulate matter emissions give rise to the environmental problem with the worst public health consequences. Despite a half century of regulatory efforts, they still lead to 85,000 to 200,000 additional deaths each year and produce more than 100,000 heart attacks and almost nine million cases of exacerbated asthma. These enormously serious... |
2022 |
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| Anya Kreider |
AMERICA: THE WORLD'S POLICE--HOW THE DEFUND THE POLICE MOVEMENT FRAMES AN ANALYSIS FOR DEFUNDING THE MILITARY |
24 Scholar: St. Mary's Law Review on Race and Social Justice 153 (2022) |
Introduction. 154 I. Background. 155 II. The Entanglement of Police and Military. 157 III. Tenets of the Defund the Police Movement. 160 IV. Tenets of Defund the Police Applied to the U.S. Military. 168 Conclusion. 177 |
2022 |
Yes |
| Thalia González, Alexis Etow, Cesar De La Vega |
AN ANTIRACIST HEALTH EQUITY AGENDA FOR EDUCATION |
50 Journal of Law, Medicine & Ethics 31 (Spring, 2022) |
Keywords: Education Law and Policy, School Discipline and Policing, Structural Discrimination, Racism is a Public Health Crisis, Social Determinants of Health, Antiracist Health Equity Agenda Abstract: With growing public health and health equity challenges brought to the forefront--following racialized health inequities resulting from COVID-19 and... |
2022 |
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| L. Kate Mitchell, Maya K. Watson, Abigail Silva, Jessica L. Simpson |
AN INTER-PROFESSIONAL ANTIRACIST CURRICULUM IS PARAMOUNT TO ADDRESSING RACIAL HEALTH INEQUITIES |
50 Journal of Law, Medicine & Ethics 109 (Spring, 2022) |
Keywords: Antiracism, Health, Equity, Curriculum, Interprofessional Abstract: Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life... |
2022 |
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| Barry Friedman |
ARE POLICE THE KEY TO PUBLIC SAFETY?: THE CASE OF THE UNHOUSED |
59 American Criminal Law Review 1597 (Fall, 2022) |
We as a nation have to think deeply about what it means for a community to be safe, and what role the police play (or do not play) in achieving that safety. We have conflated, if not entirely confused, two very different things. One is the desire to be safe, and how society can assist with safety, even for the most marginalized or least well-off... |
2022 |
Yes |
| Linette A. Duluc |
BATSON FAILS AGAIN: HOW THE RESURGENCE OF BLACK LIVES MATTER HIGHLIGHTS THE EASE OF BYPASSING THE RACE-NEUTRAL REQUIREMENT AND PROPOSED MODIFICATIONS TO REFINE THE STANDARD |
55 Suffolk University Law Review 375 (2022) |
When Black people today declare, Black Lives Matter in the face of race-based killings by police and vigilantes, their voices echo Sojourner Truth asking, Ain't I a Woman in the face of chattel slavery and Black protesters declaring, I am a Man in the face of a racial caste system . Racism seeps into the process of jury selection--legally... |
2022 |
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| Elizabeth Tobin Tyler |
BLACK MOTHERS MATTER: THE SOCIAL, POLITICAL AND LEGAL DETERMINANTS OF BLACK MATERNAL HEALTH ACROSS THE LIFESPAN |
25 Journal of Health Care Law and Policy 49 (2022) |
Black maternal health disparities have existed for decades. But with America's recent racial reckoning the public health and medical communities are increasingly focused on understanding the pathways that lead to higher rates of Black maternal morbidity and mortality, and policymakers are exploring legal and policy approaches to reducing... |
2022 |
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| Sanja Kutnjak Ivković , Adri Sauerman , Jon Maskály |
BLACK, WHITE, OR BLUE, EVERYONE BLEEDS RED: EXPLORING VIEWS ABOUT VIOLENCE IN THE SOUTH AFRICAN POLICE SERVICE |
39 Wisconsin International Law Journal 233 (Spring, 2022) |
L1-2Introduction . L3234 A. Policing, Race, and Violence in Historical South African Context. 234 B. Policing, Race, and Violence in Contemporary South Africa. 240 C. Theory of Police Integrity. 244 I. Methodology. 246 A. Sample. 246 B. Police Integrity Variables. 249 C. Demographic Variables. 251 D. Analytic Plan. 251 II. Findings. 252 A. Racial &... |
2022 |
Yes |
| Tamara Rice Lave |
BLAME THE VICTIM: HOW MISTREATMENT BY THE STATE IS USED TO LEGITIMIZE POLICE VIOLENCE |
87 Brooklyn Law Review 1161 (Summer, 2022) |
The surprising thing about George Floyd is not that he was forcibly arrested for a nonviolent crime. That is a regular occurrence for Black men in America. Nor is it that he was killed by the police. A recent study published by the National Academy of Sciences found that [p]olice violence is a leading cause of death for young men--especially for... |
2022 |
Yes |
| Mary Lindsay Krebs |
CAN'T REALLY TEACH: CRT BANS IMPOSE UPON TEACHERS' FIRST AMENDMENT PEDAGOGICAL RIGHTS |
75 Vanderbilt Law Review 1925 (November, 2022) |
The jurisprudence governing K-12 teachers' speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12... |
2022 |
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| Nirej Sekhon |
CATCHALL POLICING AND THE FOURTH AMENDMENT |
71 Duke Law Journal Online 111 (April, 2022) |
American police do a bit of everything. They direct traffic, resolve private disputes, help the sick and injured, and do animal control. Far less frequently than one might think, they make arrests. Americans reflexively call the police for troubles, big and small. The catchall tradition is shorthand for this melding of non-adversarial, public... |
2022 |
Yes |
| Trey A. Duran |
COLLEGE CAMPUS POLICE ABOLITION |
31-SPG Kansas Journal of Law & Public Policy 327 (Spring, 2022) |
There is a surprising lack of discussion about college campus police abolition in legal scholarship. Only within the last decade has legal scholarship begun to seriously discuss the movement to abolish prisons and police. This Article argues that college campus police abolitionists should gradually shift resources to social services and community... |
2022 |
Yes |
| Osagie K. Obasogie , Zachary Newman |
COLORBLIND CONSTITUTIONAL TORTS |
95 Southern California Law Review 1137 (June, 2022) |
Much of the recent conversation regarding law and police accountability has focused on eliminating or limiting qualified immunity as a defense for officers facing § 1983 lawsuits for using excessive force. Developed during Reconstruction as a way to protect formerly enslaved persons from new forms of racial terror, 42 U.S.C. § 1983 allows private... |
2022 |
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