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Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 SelectedWorks

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein 2015 Georgetown University Law Center

Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The author examines in this paper two kinds of ambiguous-purpose out-of-court statements that are especially problematic under current Confrontation law--problematic in ways that we hope will be solved directly or indirectly by the Supreme Court when it renders its decision in Ohio v. Clark. The statements he examines are:

(1) Statements made by abused children concerning their abuse, for example to police, physicians, teachers, welfare workers, baby sitters, or family members, some of whom may be under a legal duty to report suspected abuse to legal authorities. At least some of these statements will be directly addressed by the Court ...


Alternatives To Manson: The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas Kahn-Fogel 2015 SelectedWorks

Alternatives To Manson: The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas Kahn-Fogel

Nicholas Kahn-Fogel

No abstract provided.


Handcuffed Nation, Francois Quintard-Morenas 2014 SelectedWorks

Handcuffed Nation, Francois Quintard-Morenas

Francois Quintard-Morenas

From across the nation, children, teenagers, women, men, and elderly posing no obvious threat or risk of escape are regularly handcuffed by police officers upon arrest for minor offenses. This phenomenon has received little attention among legal scholars.

Since the nineteenth century, the common law has been that arrestees cannot be handcuffed unless there is good reason to do so. Applied in most common law jurisdictions today, this principle has all but vanished in the United States.

A close examination of the judicial response to the handcuffing of arrestees exposes the limits of a system of adjudication in which complaints ...


The Intellectual Disability Facade, Megan Bibliowicz 2014 SelectedWorks

The Intellectual Disability Facade, Megan Bibliowicz

Megan Bibliowicz

No abstract provided.


United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland 2014 Touro College Jacob D. Fuchsberg Law Center

United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland

Touro Law Review

No abstract provided.


Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum 2014 Touro College Jacob D. Fuchsberg Law Center

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali 2014 Touro College Jacob D. Fuchsberg Law Center

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Touro Law Review

No abstract provided.


Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson 2014 Touro College Jacob D. Fuchsberg Law Center

Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson

Touro Law Review

No abstract provided.


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz 2014 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin 2014 College of William & Mary Law School

What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin

Popular Media

No abstract provided.


Do You Know The Fair Market Value Of Your Property? A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam Hapner 2014 SelectedWorks

Do You Know The Fair Market Value Of Your Property? A Call To The Legislature To Revise Section 775.089, Florida Statutes, Governing Restitution, Adam Hapner

Adam Hapner

When a defendant’s criminal actions cause loss or damage to a victim’s property, section 775.089, Florida Statutes, requires that the court order the defendant to pay restitution to the victim. The purposes of section 775.089 are both to compensate the victim and to serve the rehabilitative, deterrent, and retributive goals of the criminal justice system. Recently, more and more cases have been decided in which the State was unable to prove the amount of loss sustained by the victim due to precise measurements of value and demanding methods of proof. In such cases, the purposes of ...


An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue 2014 SelectedWorks

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death ...


Examen De Grado, Jorge Triana 2014 SelectedWorks

Examen De Grado, Jorge Triana

Jorge Triana

Presentación para mi defensa de tesis doctoral.


Membership Lists, Metadata, And Freedom Of Association’S Specificity Requirement, Katherine J. Strandburg 2014 NELLCO

Membership Lists, Metadata, And Freedom Of Association’S Specificity Requirement, Katherine J. Strandburg

New York University Public Law and Legal Theory Working Papers

Revelations of massive aggregation of telephone call records by the NSA have led to widespread debate about the legality, effectiveness, and normative desirability of such broad-based government data collection. This article contends that mass collection of so-called “metadata” as a means to investigate associations impinges on the First Amendment right to associate freely. Such programs thus should, like government demands for membership lists of expressive associations, be subjected to First Amendment scrutiny. While the Fourth Amendment has been the focus of much of the debate about metadata surveillance, the right to freedom of association may provide independent and potentially stronger ...


Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong 2014 Washington University in St. Louis

Bringing Guns To A Gun Fight: Why The Adversarial System Is Best Served By A Policy Compelling Attorneys To Ethically Mine For Metadata, Justin Fong

Washington University Jurisprudence Review

No abstract provided.


Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher 2014 University of Georgia School of Law

Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher

Georgia Journal of International & Comparative Law

No abstract provided.


A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake 2014 Pace University

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial ...


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