Coastal Carolina University
University of Florida Levin College of Law
Washington University in St. Louis
University of Alabama School of Law
CUNY John Jay College
Villanova University Charles Widger School of Law
Golden Gate University School of Law
James Madison University
Seattle University School of Law
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023,
2023
University of the District of Columbia
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick
Congressional Testimony
No abstract provided.
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023,
2023
University of the District of Columbia
Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick
Congressional Testimony
No abstract provided.
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice,
2023
University of the District of Columbia
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick
Congressional Testimony
No abstract provided.
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In
The South,
2023
Pepperdine University
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Pepperdine Law Review
This Comment examines the phenomenon of prison gerrymandering, a practice that involves counting prisoners as residents of the counties where their state correctional facilities are located—rather than in their home communities—for redistricting and representational purposes. This practice of counting inflates the voting power of rural, white districts with large prison complexes and diminishes the voting power of minority communities. Prison gerrymandering has become especially pervasive across southern states while many of the South’s northern counterparts have eradicated this practice through legislative reform. This Comment proposes a solution to stop prison gerrymandering in the South, arguing a strategy to produce a …
Reducing Community Violence While Protecting Civil Rights,
2023
William & Mary Law School
Reducing Community Violence While Protecting Civil Rights, Kami Chavis
Popular Media
No abstract provided.
Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies,
2023
Pepperdine University
Marsy's Law: Florida's Victim Classification Protections Are Too Broad And Wrongfully Utilized By Florida Law Enforcement Agencies, Ashley Lee
Journal of the National Association of Administrative Law Judiciary
While new trends in legislation may aim to reduce the use of excessive force by law enforcement, some Florida agencies interpreted their state’s Marsy’s Law to protect officers accused of using excessive force. This Comment examines the inappropriateness of Florida’s law enforcement agencies’ interpretation of Marsy’s Law, particularly in the context of the law’s original intentions. This Comment points to a potential solution to this problematic interpretation, advocating for an additional limiting clause that narrowly targets how law enforcement interpreted this statute in the context of excessive force reports.
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice,
2023
Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Policing & The Problem Of Physical Restraint,
2023
Boston University School of Law
Policing & The Problem Of Physical Restraint, Steven Arrigg Koh
Faculty Scholarship
The Fourth Amendment of the U.S. Constitution prohibits unreasonable “seizures” and thus renders unlawful police use of excessive force. On one hand, this definition is expansive. In the U.S. Supreme Court’s 2021 Term, in Torres v. Madrid, the Court clarified that a “seizure” includes any police application of physical force to the body with intent to restrain. Crucially, Chief Justice Roberts’ majority opinion emphasized that police may seize even when merely laying “the end of a finger” on a layperson’s body. And yet, the Supreme Court’s Fourth Amendment totality-of-the-circumstances reasonableness balancing test is notoriously imprecise—a “factbound morass,” in the famous …
Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death,
2023
University of Detroit Mercy School of Law
Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks
Washington and Lee Law Review
This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …
Taking The Knee No More: Police Accountability And The Structure Of Racism,
2023
Rutgers University
Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt
Washington and Lee Law Review
From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through …
Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future,
2023
Mitchell Hamline School of Law
Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future, Peter Felix Armstrong
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation,
2023
Mitchell Hamline School of Law
Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Helping The Helpers: The Role Of Organizational Support And Peer Influence On Police Officer Receptivity To Employee Assistance Programs,
2023
CUNY John Jay College
Helping The Helpers: The Role Of Organizational Support And Peer Influence On Police Officer Receptivity To Employee Assistance Programs, Kenneth Quick
Publications and Research
Purpose – This study aims to investigate critical differences between police officer willingness to use and recommend an employee assistance program (EAP) to a peer, including the relationship between officer perceptions of macro-level organizational support and micro-level EAP support.
Design/methodology/approach – A survey of 213 police officers from a large, urban police department in the Northeast United States of America is used to evaluate the relationship between officer perceptions of the EAP and the officers’ willingness to use and recommend the EAP to peers. Generalized linear regression models are used to evaluate the moderating effect of perceived organizational support (POS) …
Policing The College Campus: History, Race, And Law,
2023
University of Florida Levin College of Law
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Washington and Lee Journal of Civil Rights and Social Justice
The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …
The Perils Of Privatization: Exploring The Side Effects Of Privatized Correctional Health Care In Favor Of A Public Delivery Model,
2023
Washington and Lee University School of Law
The Perils Of Privatization: Exploring The Side Effects Of Privatized Correctional Health Care In Favor Of A Public Delivery Model, Peyton Holahan
Washington and Lee Journal of Civil Rights and Social Justice
On July 16, 2020, Judge Roslyn Silver of the U.S. District Court for the District of Arizona set a trial between Arizona’s Department of Corrections and a class of Arizona’s prisoners alleging grossly inadequate health care in the state’s prison system. Arizona, like more than half of the states in the U.S., has outsourced prison health care to private correctional healthcare providers. While correctional healthcare providers win states over with promises of cost-effective care and limited liability, ever since the emergence of the correctional healthcare industry in the 1970s, problems with privatized health care in jails and prisons have persisted, …
An Investigation Into The Psychological Effects Of Undercover Policing,
2022
Cedarville University
An Investigation Into The Psychological Effects Of Undercover Policing, Cheyenne Ls Jones
Channels: Where Disciplines Meet
Throughout history, the evolution of crime has been responded to with an evolution in crime fighting tactics. One of these tactics was undercover operations, which were developed to combat specific varieties of crime beginning with white collar crimes and government corruption. Today, undercover operations are utilized in many other ways as well, ranging from drug stings to online operations targeting sex crimes. While these developments have greatly aided and advanced justice over the years, the time has come to begin addressing the negative effects of undercover operations on the individual officers. Evidence has demonstrated over the years that undercover operations …
Keep Your Hands To Yourself! How Law Enforcement Intrusion Into Education Records Makes Campus Title Ix Courts Necessary: Why Our System Might Be Better Than Most,
2022
Cleveland State University College of Law
Keep Your Hands To Yourself! How Law Enforcement Intrusion Into Education Records Makes Campus Title Ix Courts Necessary: Why Our System Might Be Better Than Most, Jeremy S. Ribando
The Global Business Law Review
Sexual harassment deprives students of equal educational opportunities, and sexual crimes on campus have been and continue to be a serious threat to student safety. Congress established Title IX and the Family Education Rights and Privacy Act (FERPA), in part, to guarantee and safeguard both student records and student safety. However, Title IX and FERPA are difficult doctrines to harmonize, and implementing them present serious challenges for University administrations. This Note explores the University’s responsibility to protect students from sexual crimes and their responsibility to prosecute the perpetrators, while simultaneously protecting student records and student confidentiality. This Note also explores …
Obstacles To Proving 24-Hour Lighting Is Cruel And Unusual Under Eighth Amendment Jurisprudence,
2022
University of Washington School of Law
Obstacles To Proving 24-Hour Lighting Is Cruel And Unusual Under Eighth Amendment Jurisprudence, Lauren Jaech
Washington Law Review
Twenty-four-hour lighting causes sleep deprivation, depression, and other serious disorders for incarcerated individuals, yet courts often do not consider it to be cruel and unusual. To decide if prison conditions violate the Eighth Amendment’s prohibition against cruel and unusual punishment, courts follow a two-part inquiry that requires examining the intent of prison officials (known as the subjective prong) as well as the degree of seriousness of the alleged cruel or unusual condition (the objective prong). Incarcerated individuals often file complaints challenging 24-hour lighting conditions. Whether they succeed on these claims may depend on the circuit in which they reside. Judges …
A Call To Abolish Determinate-Plus Sentencing In Washington,
2022
University of Washington School of Law
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
Washington Law Review
For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …
Expanding Judicial Discretion To Grant Compassionate Release During Covid-19,
2022
University of Washington School of Law
Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang
Washington Law Review
In the 1980s, Congress introduced compassionate release to counteract the increased rigidity of our federal sentencing system. This mechanism allowed courts, through a motion filed by the Bureau of Prison’s director, to reduce a prisoner’s sentence if “extraordinary and compelling” circumstances warrant such a reduction. However, because the Bureau of Prisons (BOP) seldom brought these motions, few people were released early via compassionate release. At the same time, public discourse and concerns regarding mass incarceration have continued to grow, causing lawmakers to revisit and revise compassionate release through the First Step Act of 2018 to ensure that this mechanism’s potential …
