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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
The Ambiguity Of Accountability: Deaths In Custody, And The Regulation Of Police Power, Mark Findlay
The Ambiguity Of Accountability: Deaths In Custody, And The Regulation Of Police Power, Mark Findlay
Research Collection Yong Pung How School Of Law
Policing is power. Police authority relies on transactions or relationships of power and influence. The nature of that authority depends on, and takes its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such relationships, and structures and processes at work towards their regulation. Police authority can be confirmed either legitimately or illegitimately, depending on its context. Essential to the operation of police authority are the "boundaries of permission" which designate the dominion of police power. A principal regulator of police authority, and therefore an important mechanism whereby boundaries of permission are determined, is …
The Anticaste Principle, Cass R. Sunstein
The Anticaste Principle, Cass R. Sunstein
Michigan Law Review
In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …
Intersections Of Race, Ethnicity, And The Law, Valerie P. Hans, Ramiro Martinez Jr.
Intersections Of Race, Ethnicity, And The Law, Valerie P. Hans, Ramiro Martinez Jr.
Cornell Law Faculty Publications
The development of law is inextricably linked to matters of race and ethnicity. The stories of minority citizens--the texture of their lives, the prejudices they have endured, and their struggles for fair treatment--have been documented in the pages of legal opinions, as judges over the years have wrestled with fundamental questions of racial bias and inequality. Studying race, ethnicity, and the law is challenging for many reasons, not the least of which is the prime difficulty of defining what we mean by race. Even the choice of words used to identify minority individuals has social and political ramifications. How law …
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Florida State University Law Review
No abstract provided.
The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown
The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Are Criminal Codes Irrelevant?, Paul H. Robinson
Are Criminal Codes Irrelevant?, Paul H. Robinson
All Faculty Scholarship
After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
All Faculty Scholarship
No abstract provided.
Deviance, Resistance, And Love, Dorothy E. Roberts
Deviance, Resistance, And Love, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Hate Crime In Canada: Growing Pains With New Legislation, Jeffrey Ian Ross Ph.D.
Hate Crime In Canada: Growing Pains With New Legislation, Jeffrey Ian Ross Ph.D.
Jeffrey Ian Ross Ph.D.
No abstract provided.