E.L. Tremblay "UNDER CONDITIONS OF HARDSHIP": THE PEACE CORPS' CATCH-22 FOR SURVIVORS OF SEXUAL- AND GENDER-BASED VIOLENCE 111 Georgetown Law Journal 1533 (June, 2023) The Peace Corps' treatment of Volunteers and trainees, particularly with regard to the policies and permissiveness surrounding sexual- and gender-based violence, reflects and perpetuates workplace sex discrimination. Because the agency fails to collect adequate data, it is impossible to determine the precise nature and degree of the problem, but it... 2023
Jackson Whetsel, Esq. (UN)CONSTITUTIONAL CARRY: HOW DRUG AND GUN LAWS CONSPIRE IN STAND YOUR GROUND STATES TO CREATE A DISARMED, SUBMISSIVE CLASS BASED ON RACE 53 University of Memphis Law Review 571 (Spring, 2023) Introduction. 572 I. Tennessee's Form of Constitutional Carry. 577 A. The Tennessee Law Creates an Exception to an Existing Prohibition. 578 B. The Tennessee Law Does Not Remove Any Existing Firearm Prohibitions. 580 C. The Tennessee Law Applies to The Intent to Go Armed. 584 II. How Did We Get Here? DC v. Heller and the Constitutional Basis... 2023
Kat Baiardi A CALL FOR CHANGE: REFORMING ARIZONA'S JUDICIAL PRACTICES TO INCLUDE PROTECTED PARTIES ON EX PARTE ORDERS OF PROTECTION AS A DEFAULT 38 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2023) Introduction. 3 Part I. Background. 5 A. Brief Overview of Orders of Protection. 5 B. Arizona's Requirements for Obtaining an Order of Protection. 6 1. Qualifying Relationship. 6 2. Domestic Violence. 6 C. Protected Parties. 7 D. Arizona's Procedure and Findings Required for Ex Parte Orders of Protection. 7 E. Remedies Available. 8 F. Arizona's... 2023
Tess Berkowitz BREAKING UP WITH THE AMERICAN ADVERSARIAL APPROACH IN CRIMINAL DOMESTIC VIOLENCE ADJUDICATION 20 Rutgers Journal of Law & Public Policy 1 (Spring, 2023) This paper takes the position that for survivors of domestic violence to be properly served by the legal system, such legal service must be made accessible through trauma-informed care. This includes trauma-informed care for both for the survivor and the abuser. This paper leaves to another day the topic of exactly what justice in such cases... 2023
Tianna N. Gibbs CENTERING FAMILY VIOLENCE IN FAMILY LAW AS RACIAL JUSTICE 30 Virginia Journal of Social Policy and the Law 43 (Spring, 2023) Introduction. 44 I. Defining Family Violence to Advance Racial Justice. 47 A. The Meaning of Family. 47 B. The Meaning of Violence. 49 II. Consequences of Excluding Structure and Difference. 52 III. Centering Family Violence in Family Law to Advance Racial Justice. 55 Conclusion. 55 2023
Andrew C. Budzinski , A. Rachel Camp CENTERING VANTAGE POINT IN THE PEDAGOGY OF FAMILY AND INTIMATE PARTNER VIOLENCE 30 Virginia Journal of Social Policy and the Law 30 (Spring, 2023) Introduction. 31 I. The Utility of Vantage Point as a Lawyering Skill. 32 II. Habituating Vantage Point & Radical Subjectivity in the Pedagogy of Family and Intimate Partner Violence. 35 A. Vantage Point Analysis in Clinic and Simulations. 35 B. Vantage Point in the Classroom. 37 C. Vantage Point, Fact Investigation, and Communication. 37 D.... 2023
Miyoko T. Pettit-Toledo COLLECTIVE MEMORY AND INTERSECTIONAL IDENTITIES: HEALING UNIQUE SEXUAL VIOLENCE HARMS AGAINST WOMEN OF COLOR PAST, PRESENT AND FUTURE 45 University of Hawaii Law Review 346 (Spring, 2023) For at least the last decade, at the urging of gender scholars and advocates, reconciliation initiatives started to recognize specialized harms of sexual violence against women and began to tailor redress to address these harms. Yet, although a step in the right direction, even those forward-looking redress initiatives did not specifically and... 2023
Professor Mirko Bagaric , Jennifer Svilar , Brienna Bagaric CONTINUING PRINCIPLED SENTENCING REFORM AND WINDING BACK MASS INCARCERATION AGAINST THE BACKDROP OF AMERICA'S SURGE IN VIOLENT CRIME 23 Nevada Law Journal 411 (Spring, 2023) Five decades of an unremitting tough on crime policy resulted in the United States having the highest incarceration rate on earth. This approach was in the process of being systematically wound back in recent years. The mood for criminal justice reform was highlighted by the receptiveness of many people to what on their face seemed to be radical... 2023
René Reyes CRITICAL REMEMBERING: AMPLIFYING, ANALYZING, AND UNDERSTANDING THE LEGACY OF ANTI-MEXICAN VIOLENCE IN THE UNITED STATES 26 Harvard Latin American Law Review 15 (Spring, 2023) Violence against BIPOC individuals and communities has been part of American life since the arrival of the first European colonizers over four hundred years ago. Yet as longstanding and pervasive as anti-BIPOC violence has been throughout American history, many instances of such violence remain strikingly underexamined--largely because their... 2023
Jonathan Jay, Kalice Allen CURBING THE EPIDEMIC OF COMMUNITY FIREARM VIOLENCE AFTER THE BRUEN DECISION 51 Journal of Law, Medicine & Ethics 77 (Spring, 2023) Keywords: Firearms, Violence Prevention, Structural Racism, Racial Segregation, Gun Control Abstract: The Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen undermines the ability of cities and states to regulate firearms safety. Nonetheless, we remain hopeful that firearm violence can decline even after the Bruen... 2023
Katarina Porter , Stephen Brundage , Lead Program Analyst, Counterterrorism Section, National Security Division, Senior Counsel, Counterterrorism Section, National Security Division DATA MATTERS: REPORTING REQUIREMENTS FOR DOMESTIC VIOLENT EXTREMISM 71 Department of Justice Journal of Federal Law and Practice 257 (August, 2023) If money talks, then data teaches. Data is the ubiquitous currency of information that pulses through every facet of society. Data is invested, traded, and if cared for properly, cashed in with fruitful return. To be accessible, data must go through a currency exchange of reporting requirements, which translate the data into meaningful metrics for... 2023
Julie A. Ward, Mudia Uzzi, Talib Hudson, Daniel W. Webster, Cassandra K. Crifasi DIFFERENCES IN PERCEPTIONS OF GUN-RELATED SAFETY BY RACE AND GUN OWNERSHIP IN THE UNITED STATES 51 Journal of Law, Medicine & Ethics 14 (Spring, 2023) Keywords: Public Opinion, Firearms, Personal Safety, Gun-Related Beliefs, Health Status Disparities, Health Equity Abstract: Motivated by disparities in gun violence, sharp increases in gun ownership, and a changing gun policy landscape, we conducted a nationally representative survey of U.S. adults (n=2,778) in 2021 to compare safety-related views... 2023
Emily M. Poor DISENTANGLING THE CIVIL-CARCERAL STATE: AN ABOLITIONIST FRAMEWORK FOR THE NON-CRIMINAL RESPONSE TO INTIMATE PARTNER VIOLENCE 47 New York University Review of Law and Social Change 273 (2023) The carceral state is entangled with the ostensibly non-criminal social and legal response to intimate partner violence (IPV). While feminists and anti-IPV advocates increasingly recognize the harmful effects of the carceral state's involvement in addressing violence, less attention has been given to civil remedies and services which are contingent... 2023
Dany Berbari DRUG DECRIMINALIZATION AND GUN CRIMINALIZATION: ASSESSING THE COMPATIBILITY OF THESE ASYMMETRICAL BELIEFS FROM A RACIAL JUSTICE LENS 38 Journal of Law & Politics 135 (Spring, 2023) Thomas Frampton, my first-year Criminal Law Professor, began a class on drugs and guns by stating, I want you all to vote on these two questions: (1) Do you support stricter drug laws? (2) Do you support stricter gun laws? Unsurprisingly, very few individuals in the class supported stricter drug laws, while an overwhelming majority backed... 2023
Sam Gilman ENDING EVICTIONS: THE LIVED CASE FOR REPLACING THE VIOLENCE OF EVICTION WITH THE HUMANITY OF A SAFETY NET 32 Journal of Affordable Housing & Community Development Law 49 (2023) The COVID-19 pandemic nationalized the issue of renter displacement. Suddenly, eviction, the state and local process to displace tenants who cannot pay rent, became a national political issue. When COVID-19 shut down the economy, millions faced the risk of eviction. When the pandemic hit, states like Massachusetts banned non-essential... 2023
Michael R. Ulrich FINDING BALANCE IN THE FIGHT AGAINST GUN VIOLENCE 51 Journal of Law, Medicine & Ethics 7 (Spring, 2023) Keywords: Gun Violence, Second Amendment, Disparities, Intersectionality, Firearms Justice The United States is distinct among high-income countries for its problem with gun violence, with Americans 25 times more likely to be killed by gun homicide than people in other high-income countries. Suicides make up a majority of annual gun deaths-- though... 2023
Rachel Martin , Michael R. Ulrich FIREARM CONTAGION: A NEW LOOK AT HISTORY 51 Fordham Urban Law Journal 279 (October, 2023) Gun violence is widely considered a serious public health problem in the United States, but less understood is what this means, if anything, for evolving Second Amendment doctrine. In New York Pistol & Rifle Association, Inc. v. Bruen, the Supreme Court held that laws infringing Second Amendment rights can only be sustained if the government can... 2023
Michael D. Makowsky , Patrick L. Warren , Clemson University, Clemson University FIREARMS AND LYNCHING 66 Journal of Law & Economics 259 (May, 2023) We assess firearms as a means of Black residents' self-defense in the Jim Crow South. We infer access to firearms by race and place by measuring the fraction of suicides committed with a firearm. Corroborating anecdotal accounts and historical claims, state bans on pistols and increases in White law enforcement personnel served as mechanisms to... 2023
Joseph Blocher , Jacob D. Charles , Darrell A.H. Miller FIREARMS LAW AND SCHOLARSHIP BEYOND BULLETS AND BODIES 19 Annual Review of Law and Social Science 165 (2023) guns, firearms, Second Amendment, self-defense, law Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the... 2023
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 20 Hastings Race and Poverty Law Journal 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023
Deborah M. Weissman GENDER VIOLENCE AS LEGACY: TO IMAGINE NEW APPROACHES 34 Hastings Journal on Gender and the Law 55 (Spring, 2023) C1-2Table of Contents Introduction. 55 Part I. Defining RJ/TJ and Identifying the Challenges. 58 A. Restorative Justice (RJ). 58 B. Transformative Justice (TJ). 59 Part II. From Carceral Responses to Addressing the Political Economy of IPV. 61 Part III. The Turn to History. 64 Part IV. Restorative and Transformative Justice: Matters of Praxis... 2023
Sandra Babcock, Nathalie Greenfield GENDER, VIOLENCE, AND THE DEATH PENALTY 53 California Western International Law Journal 327 (Spring, 2023) C1-2Table of Contents Introduction. 328 I. Methodology. 332 II. Summary of Findings. 334 III. Overview of Women on Death Row. 336 A. United States. 336 B. Global Overview. 338 IV. Gender-Based Violence: Theoretical and Legal Frameworks. 341 A. The International Legal Framework. 341 B. The Intersection of Gender-Based Violence and Marginalized... 2023
Martha T. McCluskey GENDER, VIOLENCE, AND THE RULE OF LAW: REMEMBERING ISABEL MARCUS 71 Buffalo Law Review 15 (January, 2023) Isabel would have much to teach us about the recent rise of authoritarian politics fueled by fears of disorder in gender, sex, and family. Reading the news over the last year or so, I recall the many conversations in her living room, always accompanied by a pot of tea, that have been a highlight of my career and personal life. I wish I could drop... 2023
Mariko Kageyama , Andre Verani , Pragna Patel , Jennifer Hegle , Janet Saul GENDER-BASED VIOLENCE LAWS IN TEN AFRICAN COUNTRIES WITH HIGH HIV PREVALENCE AND INCIDENCE AMONG ADOLESCENT GIRLS AND YOUNG WOMEN 29 U.C. Davis Journal of International Law and Policy 59 (2023) To understand laws pertaining to gender-based violence (GBV) in countries with high HIV prevalence particularly among adolescent girls and young women (AGYW), we reviewed GBV laws and regulations from initial ten eastern and southern African countriesparticipating in the United States President's Emergency Plan for AIDS Relief (PEPFAR) Determined,... 2023
Timothy J. Schorn, J.D., LL.M., Ph.D. GRAVE BREACHES AND SEXUAL VIOLENCE: RECOGNITION AND ACCOUNTABILITY 14 George Mason International Law Journal 1 (Fall, 2023) Crimes of sexual violence are not just part of conflict; they are often instrumental. In other words, sex crimes and sexual violence are part of the tactics of warfare. They are used as rewards for combatants, for the subjugation of civilian populations, as a form of torture, as a method of genocide, and as a tactic of war. They are present in... 2023
Mugambi Jouet GUNS, MASS INCARCERATION, AND BIPARTISAN REFORM: BEYOND VICIOUS CIRCLE AND SOCIAL POLARIZATION 55 Arizona State Law Journal 239 (Spring, 2023) Gun violence in modern America persists in the face of irreconcilable views on gun control and the right to bear arms. Yet one area of agreement between Democrats and Republicans has received insufficient attention: punitiveness as a means of gun control. The United States has gravitated toward a peculiar social model combining extremely loose... 2023
John Mukum Mbaku INTERNATIONAL HUMAN RIGHTS LAW AND VIOLENCE AGAINST WOMEN AND GIRLS IN AFRICA 31 Michigan State International Law Review 525 (2023) The UN has recognized that violence against women and girls is a manifestation of historically unequal power relations between men and women, which has led to significant levels of discrimination against women and girls in virtually all parts of the world and in all spheres of human endeavor. Since its founding in 1945, the UN has made a concerted... 2023
Elizabeth Tobin-Tyler INTIMATE PARTNER VIOLENCE, FIREARM INJURIES AND HOMICIDES: A HEALTH JUSTICE APPROACH TO TWO INTERSECTING PUBLIC HEALTH CRISES 51 Journal of Law, Medicine & Ethics 64 (Spring, 2023) Keywords: Intimate Partner Violence, Firearm Violence, Domestic Violence Laws, Public Health, Health Justice. Abstract: More than half of all intimate partner homicides involve a firearm and firearms are frequently used by perpetrators of intimate partner violence (IPV) to injure and threaten victims and survivors. Recent court decisions undermine... 2023
  JUSTICE FOR SURVIVORS OF INTIMATE PARTNER VIOLENCE CONFERENCE REPORT 44 Columbia Journal of Gender and Law 1 (Fall, 2023) Domestic violence survivors seeking justice and safety in New York State's family and supreme courts often encounter a deeply flawed, poorly functioning system that exposes them and their children to further harm. On October 13 and 14, 2022, a coalition of leading nonprofit agencies that serve and advocate for survivors convened a conference in New... 2023
Ellie Williams LEAVING DOESN'T MEAN LIVING: ANALYZING THE CASE OF ANGELA VAUGHN, CRIMINALIZED SURVIVORS OF GENDER-BASED VIOLENCE, AND INTERNATIONAL HUMAN RIGHTS LAW 51 Georgia Journal of International and Comparative Law 587 (2023) C1-2Table of Contents I. Introduction. 588 II. Background on Gender-Based Violence, the Criminal Justice System, and the Criminalization of Survivors. 590 A. Gender-Based Violence. 590 B. The Criminal Justice System. 594 C. Criminalized Survivors. 594 III. Legal Framework. 603 A. The Convention on the Elimination of All Forms of Discrimination... 2023
Dr. Julie Shackford-Bradley LEGAL VIOLENCE AND RESTORATIVE JUSTICE 20 Hastings Race and Poverty Law Journal 103 (Spring, 2023) C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... 2023
Dr. Julie Shackford-Bradley LEGAL VIOLENCE AND RESTORATIVE JUSTICE 34 Hastings Journal on Gender and the Law 103 (Spring, 2023) C1-2Table of Contents Introduction. 103 A Framework for Examining Legal Violence:. 106 The Scope and Scale of Legal Violence in Immigrant Communities. 106 Legal Violence as experienced by Indigenous Peoples in the US: A Focus on the Major Crimes Act of 1885. 109 Black Communities' experiences of Legal Violence through Mass Incarceration. 117 Arenas... 2023
Jane Stoever LEGALLY RECOGNIZING REPRODUCTIVE COERCION WHILE QUESTIONING SEXUAL VIOLENCE EXCEPTIONALISM 51 Journal of Law, Medicine & Ethics 560 (Fall, 2023) Keywords: Reproductive Coercion, Intimate Partner Violence, Abortion Bans, Rape Exceptions, Reproductive Justice Abstract: While sexual violence should not be the prerequisite for legal abortion, expanding definitions of abuse to include reproductive coercion can open avenues of access to abortion following the Dobbs decision. Understanding the... 2023
John Hamel, Ph.D., LCSW, Brenda Russell, Ph.D. LITIGATING DOMESTIC VIOLENCE CASES: ACCURATE, RELIABLE RESEARCH CAN MAKE A DIFFERENCE 47-JUN Champion 52 (June, 2023) While most criminal defense attorneys do not think twice about contacting an expert to discuss their case when the domestic violence (DV) defendant is a heterosexual female, they may not consider contacting an expert when the defendant is a heterosexual male or a sexual minority. Working with any DV case, experts can help attorneys and jurors... 2023
Dr. Miranda Faust , Nick Masellis , Administrator, Bureau of Prisons Intelligence and Counterterrorism Branch, Correctional Program Officer, Bureau of Prisons Intelligence and Counterterrorism Branch MANAGING THE EXTREME: DOMESTIC VIOLENT EXTREMISM IN FEDERAL CUSTODY 71 Department of Justice Journal of Federal Law and Practice 235 (August, 2023) With the advent of the Ku Klux Klan from the post-Antebellum and Reconstruction period, to the deadliest domestic terrorist attack on U.S. soil at the Alfred P. Murrah Federal Building in Oklahoma City, to the influx in frequency of mass shootings and threats to critical infrastructure around the country, domestic violent extremism (DVE) has been,... 2023
Dr. Karie Gibson , Unit Chief, Federal Bureau of Investigation, Behavioral Analysis Unit-1 PATHWAY TO TARGETED VIOLENCE: CAN EARLY INTERVENTION WORK? 71 Department of Justice Journal of Federal Law and Practice 39 (August, 2023) Within the Federal Bureau of Investigation's (FBI) Critical Incident Response Group are the FBI Behavioral Analysis Units. Specifically, the FBI's Behavioral Analysis Unit-1 (BAU-1) has a long history of preventing acts of terrorism and mass casualty targeted violence. Many are not aware of how the FBI has been instrumental in operationally... 2023
Rona Kaufman PATRIARCHAL VIOLENCE 71 Buffalo Law Review 509 (May, 2023) For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women's inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist... 2023
Bailey D. Appel PHYSICAL SCARS ARE NOT THE ONLY EVIDENCE: CRUCIAL EXPANSION OF NEW YORK'S PENAL LAW TO DEFINE COERCIVE CONTROL AND TECHNOLOGICAL ABUSE AS DOMESTIC VIOLENCE 29 Cardozo Journal of Equal Rights & Social Justice 507 (Winter, 2023) C1-2Table of Contents INTRODUCTION. 508 PARTI. 512 A. What Is Domestic Violence?. 512 B. History of Domestic Violence - Common Law and Change in State Legislation. 513 PART II. 515 A. The Rise in Domestic Violence During the COVID-19 Pandemic. 515 B. The Creation of the New York State Task Force. 519 C. Existing New York Domestic Violence Law. 521... 2023
Royce Barondes RED FLAG LAWS, CIVILIAN FIREARMS OWNERSHIP AND MEASURES OF FREEDOM 35 Regent University Law Review 339 (2022-2023) This Essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act --federal legislation funding state red flag procedures, which allow for seizures of firearms frompersons who have not committed crimes. First, it assesses Maryland's experience during the first year of implementing these procedures.... 2023
Shirley LaVarco REIMAGINING THE VIOLENCE AGAINST WOMEN ACT FROM A TRANSFORMATIVE JUSTICE PERSPECTIVE: DECARCERATION AND FINANCIAL REPARATIONS FOR CRIMINALIZED SURVIVORS OF SEXUAL AND GENDER-BASED VIOLENCE 98 New York University Law Review 912 (June, 2023) While the Violence Against Women Act (VAWA) has long been venerated as a major legislative victory for those subjected to sexual and gender-based violence (S/GBV), VAWA is less often understood as the funding boon that it is for police, prosecutors, and prisons. A growing literature on the harms of carceral feminism has shown that VAWA has never... 2023
William Jacobs-Perez RETHINKING GUN VIOLENCE PREVENTION: POST-BRUEN POLICING AND THE DECRIMINALIZATION OF MINORITY GUN OWNERSHIP 23 University of Maryland Law Journal of Race, Religion, Gender and Class 104 (Spring, 2023) For decades a successful conservative movement has worked to refashion the Second Amendment from a collective right to maintain militias towards a wide-ranging individual right to keep and bear arms. However, absent from this newfound right have been poor men of color, who instead of benefiting from a philosophy centered on liberalizing gun... 2023
Eric Ruben SELF-DEFENSE EXCEPTIONALISM AND THE IMMUNIZATION OF PRIVATE VIOLENCE 96 Southern California Law Review 509 (February, 2023) After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on Stand Your Ground policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse's case reflects a... 2023
Samuel Vincent Jones SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? 56 UIC Law Review 627 (Winter 2023) It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... 2023
Max Giuliano STATE-CREATED DANGER: THE FIFTH CIRCUIT'S REFUSAL TO ADDRESS THE PROBLEM AND ITS DEVASTATING EFFECT ON DOMESTIC VIOLENCE VICTIMS 127 Penn State Law Review 929 (Summer, 2023) Domestic violence is a societal ill that has plagued the United States for decades. By definition, domestic violence is inflicted by private actors, or those not acting in an official or governmental capacity. In the 1989 case of DeShaney v. Winnebago County Department of Social Services, the Supreme Court held that government officials have no... 2023
Kelly Roskam, J.D. , Chiara Cooper, Ph.D. , Philip Stallworth, J.D. , April M. Zeoli, Ph.D., M.P.H. THE CASE FOR DOMESTIC VIOLENCE PROTECTIVE ORDER FIREARM PROHIBITIONS UNDER BRUEN 51 Fordham Urban Law Journal 221 (October, 2023) Introduction. 222 I. Background. 224 A. Domestic Violence Protective Order Firearm Prohibitions. 224 B. Second Amendment Legal History and DVPOs. 227 II. Legal Analysis. 228 A. Section 922(g)(8) - After Heller but Before Bruen. 228 B. New York State Rifle and Pistol Association v. Bruen. 232 C. Section 922(g)(8) after Bruen. 234 1. United States v.... 2023
Kevin Jon Heller THE CONCEPT OF "THE HUMAN" IN THE CRITIQUE OF AUTONOMOUS WEAPONS 15 Harvard National Security Journal 1 (2023) The idea that using killer robots in armed conflict is unacceptable because they are not human is at the heart of nearly every critique of autonomous weapons. Some of those critiques are deontological, such as the claim that the decision to use lethal force requires a combatant to suffer psychologically and risk sacrifice, which is impossible for... 2023
Jacob D. Charles THE DEAD HAND OF A SILENT PAST: BRUEN, GUN RIGHTS, AND THE SHACKLES OF HISTORY 73 Duke Law Journal 67 (October, 2023) In June 2022, the Supreme Court struck down New York's concealed carry licensing law on Second Amendment grounds. In that decision, New York State Rifle & Pistol Association v. Bruen, the Court declared that future Second Amendment challenges should be evaluated solely with reference to text, history, and tradition. By requiring historical... 2023
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
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
Michael Vastine THE RIGHT TO DEPORT IMMIGRANTS BEARING FIREARMS CONVICTIONS SHALL NOT BE INFRINGED? CONTEMPLATING THE CONSEQUENCES FOR IMMIGRANTS' FIREARM CRIMES, IN LIGHT OF BRUEN 66 Howard Law Journal 475 (Spring, 2023) Eventually, this article will turn to the task at hand, using a critique of courts' use of originalism and the categorical approach to illustrate how firearms offenses are characterized as deportable offenses. Originalism and the categorical approach are two intellectual methods--theoretically, at least--for reducing arbitrary outcomes by... 2023
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