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Full-Text Articles in Law and Race
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere
Northwestern University Law Review
Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
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.
Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance
Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance
UF Law Faculty Publications
In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S. Department …