Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (11)
- Northwestern Pritzker School of Law (10)
- University of Pennsylvania Carey Law School (10)
- University of Georgia School of Law (9)
- Selected Works (7)
-
- William & Mary Law School (6)
- Columbia Law School (4)
- City University of New York (CUNY) (3)
- Loyola University Chicago, School of Law (3)
- University of Miami Law School (3)
- Eastern Kentucky University (2)
- La Salle University (2)
- Maurer School of Law: Indiana University (2)
- Minnesota State University, Mankato (2)
- New York Law School (2)
- Pace University (2)
- Schulich School of Law, Dalhousie University (2)
- St. Mary's University (2)
- Texas A&M University School of Law (2)
- University of Nebraska - Lincoln (2)
- University of Richmond (2)
- Villanova University Charles Widger School of Law (2)
- West Virginia University (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- California State University, San Bernardino (1)
- California Western School of Law (1)
- Coastal Carolina University (1)
- Edith Cowan University (1)
- Keyword
-
- Police (21)
- Law enforcement (17)
- Criminal justice (14)
- Policing (13)
- Race (10)
-
- Police violence (8)
- Punishment (8)
- Accountability (6)
- Civil rights (6)
- Recidivism (6)
- Crime (5)
- Criminal procedure (5)
- Police civilian encounters (5)
- Police misconduct (5)
- Sentencing (5)
- Bias (4)
- Criminal law (4)
- Incarceration (4)
- Justice (4)
- Law Enforcement (4)
- Law abiding behavior (4)
- Law reform (4)
- Prosecutors (4)
- Restorative justice (4)
- African Americans (3)
- Bail (3)
- Child Abuse Evidence New Perspectives from Law Medicine Psychology and Statistics (3)
- Conferences (3)
- Criminal justice reform (3)
- Diversity (3)
- Publication
-
- All Faculty Scholarship (12)
- Georgia Law Review (9)
- Faculty Scholarship (8)
- Northwestern Journal of Law & Social Policy (6)
- Articles (5)
-
- Northwestern University Law Review (4)
- Faculty Publications & Other Works (3)
- University of Michigan Journal of Law Reform (3)
- Articles & Chapters (2)
- Articles, Book Chapters, & Popular Press (2)
- Center on Children, Families, and the Law: Faculty Publications (2)
- Erwin Chemerinsky (2)
- Michigan Law Review (2)
- Online Theses and Dissertations (2)
- Publications (2)
- Student Theses (2)
- Undergraduate Research (2)
- University of Miami Race & Social Justice Law Review (2)
- University of Richmond Law Review (2)
- Villanova Law Review (2)
- West Virginia Law Review (2)
- William & Mary Bill of Rights Journal (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- All Capstone Projects (1)
- All Graduate Theses, Dissertations, and Other Capstone Projects (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Bridges: A Journal of Student Research (1)
- Bridges: An Undergraduate Journal of Contemporary Connections (1)
- Publication Type
Articles 1 - 30 of 129
Full-Text Articles in Entire DC Network
Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh
Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh
William & Mary Bill of Rights Journal
No abstract provided.
The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm
The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm
William & Mary Bill of Rights Journal
The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can be patched—the police will …
Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot
Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot
Villanova Law Review
No abstract provided.
Fines: The Folly Of Conflating The Power To Fine With The Power To Tax, Mildred Wigfall Robinson
Fines: The Folly Of Conflating The Power To Fine With The Power To Tax, Mildred Wigfall Robinson
Villanova Law Review
No abstract provided.
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law
Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula
West Virginia Law Review
No abstract provided.
Police Discretion And Local Immigration Policymaking, Rick Su
Police Discretion And Local Immigration Policymaking, Rick Su
Rick Su
Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws have …
Walking While Trans: Profiling Of Transgender Women By Law Enforcement, And The Problem Of Proof, Leonore F. Carpenter, R. Barrett Marshall
Walking While Trans: Profiling Of Transgender Women By Law Enforcement, And The Problem Of Proof, Leonore F. Carpenter, R. Barrett Marshall
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Prisoners With Disabilities, Margo Schlanger
Prisoners With Disabilities, Margo Schlanger
Book Chapters
A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies …
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong
The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong
Kari E. Hong
Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane. Just as being “Tough on Crime” was proven …
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: Expanding Our Conception Of Justice
Panel Discussion: Expanding Our Conception Of Justice
Northwestern Journal of Law & Social Policy
No abstract provided.
Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell
Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell
Indiana Law Journal
Law enforcement use of body-worn cameras has become a subject of significant public and scholarly debate in recent years. This Article presents findings from a study of the legal and social implications of body-worn camera adoption by two police departments in Washington State. In particular, this study focuses on the public disclosure of body-worn camera footage under Washington State’s public records act, state privacy law, and original empirical findings related to officer attitudes about—and perceptions of—the impact of these laws on their work, their own personal privacy, and the privacy of the citizens they serve. The law in Washington State …
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
St. Mary's Journal on Legal Malpractice & Ethics
Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Northwestern Journal of Law & Social Policy
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
No abstract provided.
Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations
Northwestern Journal of Law & Social Policy
No abstract provided.
Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing
Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing
Northwestern Journal of Law & Social Policy
No abstract provided.
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll
Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll
Faculty Scholarship
A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals.
By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize them. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
UF Law Faculty Publications
Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when the police …
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
Maine Law Review
In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go to work every …
Unspoken Immunity And Reimagined Justice: The Potential For Implementing Restorative Justice And Community Justice Models In Police-Related Shootings, Hannah Walker
Pace Law Review
The purpose of this Note is to analyze the limitations of the criminal legal system when faced with cases of police-related shootings. Specifically, I will discuss two instances of police (mis)conduct that captured the attention of the nation in the past three years: the non-indictment of Cleveland Police Officer Timothy Loehmann and the conviction of NYPD Officer Peter Liang. First, by assessing the circumstances and responses to those two cases, I will argue that the criminal legal system is inherently incapable of responding to and remedying the violence that occurs in situations laced with power, privilege, and emotional trauma. Second, …
Highway To Hell: The Privatized Prison Transportation Industry And The Long Road To Reform, Jaden P. Rhea
Highway To Hell: The Privatized Prison Transportation Industry And The Long Road To Reform, Jaden P. Rhea
West Virginia Law Review
No abstract provided.
Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed
Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed
English Faculty Publications
No abstract provided.
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas
Articles
Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under …
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson
Conclusion: Trigger Crimes & Social Progress, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.
This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are …
Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares
Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares
Northwestern University Law Review
Like the education system, the criminal justice system offers both formal, overt curricula—found in the Bill of Rights, and informal or “hidden” curricula—embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as “peace officers” tasked with public safety and concern for individual rights, but the hidden curriculum, fraught with racially targeted stop and frisks and unconstitutional exercises of force, teaches many that they are members of a special, dangerous, and undesirable class. The social psychology of how people understand the fairness of legal authorities—procedural justice—is …