| Author | Title | Citation | Summary | Year |
| |
RIGHT TO A JURY TRIAL |
51 Georgetown Law Journal Annual Review of Criminal Procedure 656 (2022) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
2022 |
| Corey L. Gordon |
RIGHTING WRONGS THROUGH POSTHUMOUS PARDONS: MAX MASON, THE DULUTH LYNCHINGS, AND LESSONS FOR THE FUTURE |
18 University of Saint Thomas Law Journal 87 (Spring, 2022) |
On June 12, 2020, just three days shy of the 100th anniversary of the infamous lynchings of three African-Americans in Duluth, Minnesota, and less than three weeks after the brutal murder of George Floyd at the hands (and knees) of Minneapolis police officers, the Minnesota Board of Pardons granted the state's first-ever posthumous pardon. It went... |
2022 |
| Ayesha Bell Hardaway |
RISE OF POLICE UNIONS ON THE BACK OF THE BLACK LIBERATION MOVEMENT |
55 Connecticut Law Review 179 (December, 2022) |
Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American... |
2022 |
| Aaron R. Megar |
ROAD TO REFORM: THE CASE FOR REMOVING POLICE FROM TRAFFIC REGULATION |
75 Vanderbilt Law Review En Banc 13 (2022) |
L1-2Introduction . L314 I. Racialized Traffic Enforcement in the United States. 17 A. Traffic Policing as the General Warrant. 18 1. Fourth Amendment Doctrine and the Supreme Court. 19 2. Institutional, Implicit, and Systemic Motivations Behind Pretextual Policing. 21 B. The Effect of Warrants in Traffic Stops. 23 C. The Unofficial... |
2022 |
| André Douglas Pond Cummings , Steven A. Ramirez |
ROADMAP FOR ANTI-RACISM: FIRST UNWIND THE WAR ON DRUGS NOW |
96 Tulane Law Review 469 (February, 2022) |
I. Introduction. 469 II. A Short History of the War on Drugs and Mass Incarceration. 475 III. The Devastation Suffered in Communities of Color. 486 A. Direct Economic Costs of the War on Drugs and Mass Incarceration. 487 B. Government Expenditures. 488 C. Economic and Psychological Costs on Families of Color. 490 D. Indirect Costs of the War on... |
2022 |
| Gabriel J. Chin |
ROBERT COVER AND CRITICAL RACE THEORY |
37 Touro Law Review 1837 (2022) |
Professor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other,... |
2022 |
| Renee Griffin |
SEARCHING FOR TRUTH IN THE FIRST AMENDMENT'S TRUE THREAT DOCTRINE |
120 Michigan Law Review 721 (February, 2022) |
Threats of violence, even when not actually carried out, can inflict real damage. As such, state and federal laws criminalize threats in a wide range of circumstances. But threats are also speech, and free speech is broadly protected by the First Amendment. The criminalization of threats is nonetheless possible because of Supreme Court precedents... |
2022 |
| Katherine Macfarlane |
SECTION 1983 DEALMAKING |
97 Tulane Law Review 1 (November, 2022) |
Breonna Taylor was killed in her home during the botched execution of a no-knock warrant. However, any civil rights claims arising from her death would likely fail in court because of qualified immunity, which often shields officers from civil damages, and City of Los Angeles v. Lyons, which blocks reform that might be achieved through injunctive... |
2022 |
| Jacob D. Charles |
SECURING GUN RIGHTS BY STATUTE: THE RIGHT TO KEEP AND BEAR ARMS OUTSIDE THE CONSTITUTION |
120 Michigan Law Review 581 (February, 2022) |
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun... |
2022 |
| Brendan Lantz, Marin R. Wenger, Zachary T. Malcom, College of Criminology and Criminal Justice, Florida State University |
SEVERITY MATTERS: THE MODERATING EFFECT OF OFFENSE SEVERITY IN PREDICTING RACIAL DIFFERENCES IN REPORTING OF BIAS AND NONBIAS VICTIMIZATION TO THE POLICE |
46 Law and Human Behavior 15 (February, 2022) |
Objective: Previous research has noted contradictory findings regarding race and police notification, such that Black people indicate higher levels of distrust in the police yet report victimization to the police at rates similar to or higher than others. We investigated the role of offense severity in accounting for these discrepancies.... |
2022 |
| T. Anansi Wilson |
SEXUAL PROFILING & BLAQUEER FURTIVITY: BLAQUEERS ON THE RUN |
24 Scholar: St. Mary's Law Review on Race and Social Justice 179 (2022) |
Introduction. 180 I. Theory of Sexual Profiling. 182 II. Governing the BlaQueer Body. 185 III. Definitions. 203 IV. A Refracted Lens: Furtiveness in BlaQueer (A Remix of Law, Culture, and History). 205 V. Remembrance: An Accounting of the Flesh, a Witnessing of a Lurking Profiling. 206 VI. LMJ Bruce on Tarrell Alvin McCraney's Moonlight: Loitering... |
2022 |
| Jill C. Engle |
SEXUAL VIOLENCE, INTANGIBLE HARM, AND THE PROMISE OF TRANSFORMATIVE REMEDIES |
79 Washington and Lee Law Review 1045 (Summer, 2022) |
This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those--transformative justice--to heal the intangible harms of sexual violence. The Article also discusses the... |
2022 |
| Deborah M. Weissman |
SOCIAL JUSTICE AS DESISTANCE: RETHINKING APPROACHES TO GENDER VIOLENCE |
72 American University Law Review 215 (October, 2022) |
C1-2Table of Contents Table of Contents. 215 Introduction. 216 I. Domestic Violence Intervention Programs: Overview, Critique, and Constraints. 221 A. DVIPs: A Brief Overview. 222 B. DVIPs: Critique. 225 1. Eliding systems and structures. 225 2. DVIPs and the criminal legal system. 231 3. Culture and constraints. 233 4. Law and constraints. 238 II.... |
2022 |
| Cesar M. Estrada |
SOCIAL MOVEMENT THEORY AND THE ROLE OF QUALIFIED IMMUNITY IN INCREASING POLITICAL VIOLENCE |
36 Notre Dame Journal of Law, Ethics & Public Policy 347 (2022) |
On April 20, 2021, a Minneapolis jury returned a guilty verdict on three different homicide charges for former Minneapolis Police Officer Derek Chauvin for the murder of George Floyd in May 2020. George Floyd's murder, long down the list of police killings of Black Americans, was not unique in and of itself. In 2020 alone, 1,126 people were killed... |
2022 |
| Katrina Lee |
SOLVING FOR LAW FIRM INCLUSION: THE NECESSITY OF LAWYER WELL-BEING |
24 Vanderbilt Journal of Entertainment and Technology Law 323 (Winter, 2022) |
Chances are, in a room of one hundred law firm partners in the United States, at most, one Black woman would be present. Statistically, if there were a Black, Latinx, or Asian woman in that room, she would be the only one. Women of color make up only 3.79 percent of all partners, counting equity and nonequity partners. The percentage of Black women... |
2022 |
| Howard M. Wasserman , Charles W. “Rocky” Rhodes |
SOLVING THE PROCEDURAL PUZZLES OF THE TEXAS HEARTBEAT ACT AND ITS IMITATORS: NEW YORK TIMES v. SULLIVAN AS HISTORICAL ANALOGUE |
60 Houston Law Review 93 (Fall, 2022) |
The Texas Heartbeat Act (S.B. 8) prohibits abortions following detection of a fetal heartbeat while delegating exclusive enforcement through private civil actions brought by any person, regardless of injury, for statutory damages of a minimum of $10,000 per prohibited abortion. Texas sought to impose costly litigation and potentially crippling... |
2022 |
| Blanche Bong Cook |
SOMETHING ROTS IN LAW ENFORCEMENT AND IT'S THE SEARCH WARRANT: THE BREONNA TAYLOR CASE |
102 Boston University Law Review 1 (February, 2022) |
When police rammed the door of Breonna Taylor's home and shot her five times in a hail of thirty-two bullets, they lacked legal justification for being there. The affidavit supporting the warrant was perjurious, stale, vague, and lacking in particularity. The killing of Breonna Taylor, however, is not just a story about the illegality of the... |
2022 |
| Jacob Mchangama , Natalie Alkiviadou |
SOUTH AFRICA THE MODEL? A COMPARATIVE ANALYSIS OF HATE SPEECH JURISPRUDENCE OF SOUTH AFRICA AND THE EUROPEAN COURT OF HUMAN RIGHTS |
1 Journal of Free Speech Law 543 (2022) |
We compare the handling of hate speech by the European Court of Human Rights and the highest courts of South Africa: The latter, it turns out, adopts a more robust and well-articulated approach to the issues of hate speech than the former, falling more in line with the thresholds set out by documents such as the UN's Rabat Plan of Action. We argue... |
2022 |
| Aderson Bellegarde François |
SPEAK TO YOUR DEAD, WRITE FOR YOUR DEAD: DAVID GALLOWAY, MALINDA BRANDON, AND A STORY OF AMERICAN RECONSTRUCTION |
111 Georgetown Law Journal 31 (October, 2022) |
Speak to your dead. Write for your dead. Tell them a story. What are you doing with this life? Let them hold you accountable. Let them make you bolder or more modest or louder or more loving, whatever it is, but ask them in, listen, and then write. someone will remember us I say even in another time For over ten years, the state of Tennessee... |
2022 |
| Emily Behzadi |
STATUES OF FRAUD: CONFEDERATE MONUMENTS AS PUBLIC NUISANCES |
18 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2022) |
The deaths of George Floyd, Breonna Taylor, and countless other African Americans have ignited a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the twenty-first century, racist and unrestrained police violence continues to plague American society. The unprecedented... |
2022 |
| Michelle R. Gruber |
STAYING LEFT OF BOOM: A FEDERAL DOMESTIC TERRORISM STATUTE IS NECESSARY FOR SUCCESSFUL INVESTIGATIONS AND PROSECUTIONS OF DOMESTIC TERRORISTS |
9 National Security Law Journal 295 (Summer, 2022) |
Introduction. 296 I. The Divide Between International and Domestic Terrorism. 300 A. Definitions. 301 B. Supporting Ideologies. 304 C. Legislative Treatment. 304 D. Investigative Scope. 307 E. Prosecutions. 308 F. Sentencing. 309 II. Recent Acts of Terrorism. 310 A. The El Paso Shooting. 310 B. The Pittsburgh Tree of Life Attack. 311 C. Plots... |
2022 |
| Devon W. Carbado |
STRICT SCRUTINY & THE BLACK BODY |
69 UCLA Law Review 2 (March, 2022) |
When people in law think about strict scrutiny, often they are also thinking about equal protection law's treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is... |
2022 |
| S. Lisa Washington |
SURVIVED & COERCED: EPISTEMIC INJUSTICE IN THE FAMILY REGULATION SYSTEM |
122 Columbia Law Review 1097 (May, 2022) |
Recent calls to defund the police were quickly followed by calls to fund social service agencies, including the family regulation apparatus. These demands fail to consider the shared carceral logic of the criminal legal and family regulation system. This Essay utilizes the term family regulation system to more accurately describe the surveillance... |
2022 |
| Michael J. Glennon |
SYMBIOTIC SECURITY AND FREE SPEECH |
14 Harvard National Security Journal 102 (2022) |
The marketplace of ideas exists today within a public square occupied mainly by social media platforms. Sheltered by the state action doctrine, which prohibits speech abridgment only by the government, and the government speech doctrine, which insulates the government's speech from constitutional constraints, the platforms and the government's... |
2022 |
| Aziz Z. Huq, John Rappaport |
SYMPOSIUM INTRODUCTION: THIS VIOLENT CITY? URBAN VIOLENCE IN CHICAGO AND BEYOND |
89 University of Chicago Law Review 303 (March, 2022) |
To many, the city of Chicago conjures up a specter of unremitting urban violence. In 2014, the city was labeled the murder capital of the United States. The following year, a video of the police shooting Laquan McDonald became a cynosure of public concern. Commentators as disparate as Spike Lee and President Donald Trump agree: Chicago is... |
2022 |
| Kevin R. Johnson |
SYSTEMIC RACISM IN THE U.S. IMMIGRATION LAWS |
97 Indiana Law Journal 1455 (Spring, 2022) |
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S.... |
2022 |
| Luz Estella Nagle , Juan Manuel Zarama |
TAKING RESPONSIBILITY UNDER INTERNATIONAL LAW: HUMAN TRAFFICKING AND COLOMBIA'S VENEZUELAN MIGRATION CRISIS |
53 University of Miami Inter-American Law Review 1 (Spring, 2022) |
For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced... |
2022 |
| Clay Calvert |
TAKING THE FIGHT OUT OF FIGHTING WORDS ON THE DOCTRINE'S EIGHTIETH ANNIVERSARY: WHAT "N" WORD LITIGATION TODAY REVEALS ABOUT ASSUMPTIONS, FLAWS AND GOALS OF A FIRST AMENDMENT PRINCIPLE IN DISARRAY |
87 Missouri Law Review 493 (Spring, 2022) |
Analyzing a trio of recent rulings involving usage of the N word by white people directed at Black individuals, this Article explores problems with the United States Supreme Court's fighting words doctrine on its eightieth anniversary. In the process of examining these cases and the troubles they illuminate, including the doctrine's dubious... |
2022 |
| Carly Margolis |
TARGETING POLICE UNIONS, RETHINKING REFORM |
46 New York University Review of Law and Social Change 224 (2022) |
Police unions are a powerful obstacle to reform and abolition movements alike. This article tracks the (re)emergence of a political strategy targeting police unions as a site of police reform and abolition amid the summer 2020 uprising. It takes Washington, D.C.'s Defund MPD (Metropolitan Police Department) movement as a case study on the... |
2022 |
| Ben Clements |
THE BIG TECH ACCOUNTABILITY ACT: REFORMING HOW THE BIGGEST CORPORATIONS CONTROL AND EXPLOIT ONLINE COMMUNICATIONS |
44 Western New England Law Review 5 (2022) |
A handful of global corporations have taken control of the internet, the dominant medium of modern communication and commerce, and have used that control to create and sell databases of personal information of Americans and to systematically amplify dangerous disinformation and violence on an unprecedented scale. This has created a growing threat... |
2022 |
| Josh Gehret |
THE CASE FOR REQUIRING FEDERAL LAW ENFORCEMENT AGENTS TO WEAR IDENTIFYING INSIGNIAS: PROGRESS MADE AND NEXT STEPS |
51 University of Baltimore Law Review 275 (Spring, 2022) |
I. BRIEF OVERVIEW OF RECENT DEVELOPMENTS, CONGRESSIONAL ACTION, AND UNRESOLVED ISSUES. 276 II. LEGISLATIVE HISTORY--THE INSURRECTION ACT AND CONGRESSIONAL INTENT. 282 III. CIVIL DISTURBANCE INTERPRETATIONS BY COURTS REFERS TO VIOLENT OCCURRENCES. 284 A. U.S. Supreme Court. 285 B. State Courts. 286 IV. FEDERAL GOVERNMENT'S AUTHORITY TO COMMAND LAW... |
2022 |
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
| Sherri Lee Keene, Susan A. McMahon |
THE CONTEXTUAL CASE METHOD: MOVING BEYOND OPINIONS TO SPARK STUDENTS' LEGAL IMAGINATIONS |
108 Virginia Law Review Online 72 (February, 2022) |
A new student arrives at law school for her 1L year. She knows it sounds corny, but she's here to make the world a better place. She's seen injustice and tragedy (George Floyd, Parkland, climate change). She's protested with Black Lives Matter and March for Our Lives and the Sunrise Movement. She's heard, again and again, how her generation will... |
2022 |
| Cortney E. Lollar |
THE COSTS OF THE PUNISHMENT CLAUSE |
106 Minnesota Law Review 1827 (April, 2022) |
Introduction. 1828 I. The Punishment Clause's History. 1834 A. Slavery and Involuntary Servitude. 1836 1. The Consequences of Failing to Define Slavery and Involuntary Servitude. 1836 2. Advocating for a Broader Interpretation. 1840 B. The Consequences of Failing to Define Punishment. 1843 1. Exploring the Types of Financial Punishments.... |
2022 |
| Angela Onwuachi-Willig |
THE CRT OF BLACK LIVES MATTER |
66 Saint Louis University Law Journal 663 (Summer, 2022) |
Critical Race Theory (CRT), or at least its principles, stands at the core of most prominent social movements of today--from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact,... |
2022 |
| Thomas Ward Frampton |
THE DANGEROUS FEW: TAKING SERIOUSLY PRISON ABOLITION AND ITS SKEPTICS |
135 Harvard Law Review 2013 (June, 2022) |
Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how abolitionists would address the dangerous few often receives superficial treatment; the problem constitutes a spectral force haunting abolitionist thought . as soon as abolitionist discourses... |
2022 |
| Ngozi Okidegbe |
THE DEMOCRATIZING POTENTIAL OF ALGORITHMS? |
53 Connecticut Law Review 739 (February, 2022) |
Jurisdictions are increasingly embracing the use of pretrial risk assessment algorithms as a solution to the problem of mass pretrial incarceration. Conversations about the use of pretrial algorithms in legal scholarship have tended to focus on their opacity, determinativeness, reliability, validity, or their (in)ability to reduce high rates of... |
2022 |
| Joshua Gutzmann |
THE DIVERSITY FORMULA: A RACE-NEUTRAL PLAYBOOK FOR EQUITABLE STUDENT ASSIGNMENT AND ITS APPLICATION TO MAGNET SCHOOLS |
107 Minnesota Law Review 415 (November, 2022) |
We deal here with the right of all of our children, whatever their race, to an equal start in life and to an equal opportunity to reach their full potential as citizens. Those children who have been denied that right in the past deserve better than to see fences thrown up to deny them that right in the future. Our nation, I fear, will be ill served... |
2022 |
| Shannon Malone Gonzalez , Samantha J. Simon , Katie Kaufman Rogers |
THE DIVERSITY OFFICER: POLICE OFFICERS' AND BLACK WOMEN CIVILIANS' EPISTEMOLOGIES OF RACE AND RACISM IN POLICING |
56 Law and Society Review 477 (September, 2022) |
Diversifying police forces has been suggested to improve police-minority relations amidst national uprisings against police violence. Yet, little research investigates how police and black civilians--two groups invoked in discourse on police-minority relations--understand the function of diversity interventions. We draw on 100 in-depth... |
2022 |
| Katherine Beckett, Allison Goldberg |
THE EFFECTS OF IMPRISONMENT IN A TIME OF MASS INCARCERATION |
51 Crime and Justice 349 (2022) |
Imprisonment has deleterious effects on prisoners' mental, physical, social, and economic well-being. These harms are long lasting and affect prisoners' partners and children. In the United States and elsewhere, imprisonment disproportionately inflicts these harms on people of color and people living in poverty. Although imprisonment is regarded as... |
2022 |
| Noa Ben-Asher |
THE EMERGENCY NEXT TIME |
18 Stanford Journal of Civil Rights & Civil Liberties 51 (February, 2022) |
This Article offers a new conceptual framework to understand the connection between law and violence in emergencies. It is by now well-established that governments often commit state violence in times of national security crisis by implementing excessive emergency measures. The Article calls this type of legal violence Emergency-Affirming Violence... |
2022 |
| Robert J. Sampson , Brian L. Levy |
THE ENDURING NEIGHBORHOOD EFFECT, EVERYDAY URBAN MOBILITY, AND VIOLENCE IN CHICAGO |
89 University of Chicago Law Review 323 (March, 2022) |
A longstanding tradition of research linking neighborhood disadvantage to higher rates of violence is based on the characteristics of where people reside. This Essay argues that we need to look beyond residential neighborhoods to consider flows of movement throughout the wider metropolis. Our basic premise is that a neighborhood's well-being... |
2022 |
| Rabia Belt |
THE FAT PRISONERS' DILEMMA: SLOW VIOLENCE, INTERSECTIONALITY, AND A DISABILITY RIGHTS FRAMEWORK FOR THE FUTURE |
110 Georgetown Law Journal 785 (April, 2022) |
America is having a reckoning on mass incarceration. Events such as George Floyd's killing, COVID behind bars, and Black Lives Matter have punctured our collective consciousness. Advocates and scholars alike are pushing U.S. society to examine the costs--financial, psychic, social--of putting millions of people behind bars. Despite this... |
2022 |
| Rachel Simon |
THE FIREARM PREEMPTION PHENOMENON |
43 Cardozo Law Review 1441 (April, 2022) |
Forty-five states have adopted express preemption statutes curtailing or entirely prohibiting local gun regulation, and several jurisdictions now threaten localities with penalties for violating such restrictions. These measures have been remarkably effective in reducing the breadth and variety of gun laws nationwide, but their consequences have... |
2022 |
| K-Sue Park |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
131 Yale Law Journal 1062 (February, 2022) |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
2022 |
| Ben Horton |
THE HYDRAULICS OF INTERMEDIARY LIABILITY REGULATION |
70 Cleveland State Law Review 201 (2022) |
The intermediary immunity created by Section 230 probably protects claims based on the non-legal harms of hate speech and misinformation as well as a European-style proportionality system of content moderation better than a more legalized intermediary liability regime would. Contrasting the existing non-copyright content moderation systems with... |
2022 |
| Kayla Bokzam |
THE IMPACT OF COVID-19 ON DOMESTIC VIOLENCE AND DIGITAL ABUSE: ADDRESSING THE PROBLEM THROUGH A NATIONAL ACTION PLAN |
30 University of Miami International and Comparative Law Review 185 (Fall, 2022) |
This Article discusses the impact of COVID-19 on domestic violence and digital abuse around the world, with a focus on the United States. Violence against women has increased since the start of the pandemic largely due to lockdown restrictions and other measures taken by governments to slow the spread of the virus. Further, with an increase in the... |
2022 |
| Erik R. Zimmerman |
THE INCOMPATIBILITY OF THE POLICE USE OF FORCE OBJECTIVE REASONABLENESS STANDARD AND SPLIT-SECOND DECISION-MAKING |
37-SUM Criminal Justice 36 (Summer, 2022) |
On July 14, 2018, Harith Augustus, a 37-year-old Black man, was walking home from his work at a barbershop on the Southside of Chicago when he was stopped by a police officer. The officer would eventually cite Augustus's acting like a typical armed person as justification for the stop. Augustus, who was wearing a holstered gun under his shirt... |
2022 |
| Andrew T. Hayashi |
THE LAW AND ECONOMICS OF ANIMUS |
89 University of Chicago Law Review 581 (May, 2022) |
People sometimes want to harm other people. This truism points to a blind spot in law and economics scholarship, which generally assumes that people are indifferent to the effects of their actions on other people. Diverse areas of the law, such as hate-crime legislation and constitutional equal protection doctrine, reside in this blind spot because... |
2022 |
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |