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Arbitrary Law Enforcement Is Unreasonable: Whren's Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich 2016 Cleveland-Marshall College of Law, Cleveland State University

Arbitrary Law Enforcement Is Unreasonable: Whren's Failure To Hold Police Accountable For Traffic Enforcement Policies, Jonathan Witmer-Rich

Jonathan Witmer-Rich

Whren v. United States is surely a leading contender for the most controversial and heavily criticized Supreme Court case that was decided in a short, unanimous opinion. The slip opinion is only thirteen pages long, and provoked no dissents or even concurring opinions. Critical reaction has been overwhelmingly negative. Criticism not withstanding, the Court has not retreated from Whren, but continues to repeat its core holding.

Part I frames the problem in Whren with a story. Part II sets forth the fundamental Fourth Amendment principle underlying this article—the prohibition against arbitrary search and seizure. Part III explains how arbitrariness ...


Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Legislative Art As Policy And Pedagogy, Albert Stabler 2016 University of Illinois at Urbana-Champaign

Legislative Art As Policy And Pedagogy, Albert Stabler

Marilyn Zurmuehlen Working Papers in Art Education

The primary medium for artist Laurie Jo Reynolds is that of political lobbying. She refers to her practice as “legislative art,” adapting the term “legislative theater,” a technique for grassroots lawmaking developed and coined by Brazilian director and playwright Augusto Boal, who both founded the Theater of the Oppressed and served as a member of the Rio city government from 1993 to 1997. By linking the discourses of art and law, Reynolds’ practice can be understood as a form of education, highlighting the restrictions required for creativity, and the possibilities afforded by structure. In my essay I bring together European ...


Morality In Race Relations, Joseph T. Leonard, S.S.J. 2016 St. John's University School of Law

Morality In Race Relations, Joseph T. Leonard, S.S.J.

The Catholic Lawyer

No abstract provided.


Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


The Legality Of De Facto Segregation, Charles E. Rice 2016 St. John's University School of Law

The Legality Of De Facto Segregation, Charles E. Rice

The Catholic Lawyer

No abstract provided.


A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin 2016 University of Georgia School of Law

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.


Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School of Law 2016 TIME Magazine

Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins 2016 University of Maine School of Law

Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins

Washington and Lee Law Review Online

Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors ...


Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman 2016 Charles Darwin University School of Law

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.


Section 1: Moot Court: Pena-Rodriguez V. Colorado, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 1: Moot Court: Pena-Rodriguez V. Colorado, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2016 West Virginia University College of Law

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur Rizer

No abstract provided.


Colonialism And Constitutional Memory, Aziz Rana 2016 Cornell Law School

Colonialism And Constitutional Memory, Aziz Rana

Aziz Rana

The United States shares a number of basic traits with various British settler societies in the nonwhite world. These include longstanding histories in which colonists and their descendants divided legal, political, and economic rights between insiders and subordinated outsiders, be they expropriated indigenous groups or racial minorities. But Americans rarely think of themselves as part of an imperial family of settler polities and instead generally conceive of the country as quintessentially anti-imperial and inclusive. What explains this fact and what are its political consequences?

This Article offers an initial response, arguing that a significant reason is the symbolic power of ...


A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones 2016 University of Miami School of Law

A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones

University of Miami Race & Social Justice Law Review

No abstract provided.


Confronting Race And Collateral Consequences In Public Housing, Ann Cammett 2016 Seattle University School of Law

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett

Seattle University Law Review

Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of ...


The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell 2016 Seattle University School of Law

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These ...


Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson 2016 Drake University Law School

Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson

Michigan Telecommunications and Technology Law Review

Though existing for several millennia in various cultures, body modification through tattooing is becoming more popular in the United States. Twenty percent of Americans have at least one tattoo, and among Millennials this number grows to almost forty percent. As the popularity of tattoos has increased in recent years, so too have questions revolving around concepts of intellectual property and the plausible limitations of any rights stemming therefrom. This Article addresses the implications, for both the tattooist and the tattooed, of using trademarked designations as tattoos. Neither the courts nor Congress have definitively answered the question of how traditional trademark ...


Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School of Law 2016 Wallethub

Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky

Law School Blogs

No abstract provided.


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