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Walking While Trans: Profiling Of Transgender Women By Law Enforcement, And The Problem Of Proof, Leonore F. Carpenter, R. Barrett Marshall 2017 College of William & Mary Law School

Walking While Trans: Profiling Of Transgender Women By Law Enforcement, And The Problem Of Proof, Leonore F. Carpenter, R. Barrett Marshall

William & Mary Journal of Women and the Law

No abstract provided.


The Next Step In Civil Asset Forfeiture Reform: Passing The Civil Asset Forfeiture Reform Act Of 2014, Daniel Reed 2017 The Catholic University of America, Columbus School of Law

The Next Step In Civil Asset Forfeiture Reform: Passing The Civil Asset Forfeiture Reform Act Of 2014, Daniel Reed

Catholic University Law Review

Civil asset forfeiture is an operation of legal fiction that enables the government to seize property without an underlying conviction of the property owner. Federal authorities bring thousands of civil asset forfeiture cases annually, often against the property of owners who have not been charged with a crime. Such cases can result in unjust outcomes and denials of due process to property owners. To address this controversy, Representative Tim Walberg proposed several reforms to federal civil asset forfeiture laws known as the Civil Asset Forfeiture Reform Act of 2014 (CAFRA 2014).

After discussing the history of civil asset forfeiture, this ...


Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas 2017 Wayne State University Law School

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

Michigan Law Review

Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate ...


Prisoners With Disabilities, Margo Schlanger 2017 University of Michigan Law School

Prisoners With Disabilities, Margo Schlanger

Book Chapters

A majority of American prisoners have at least one disability. So how jails and prisons deal with those prisoners’ needs is central to institutional safety and humaneness, and to reentry success or failure. In this chapter, I explain what current law requires of prison and jail officials, focusing on statutory and constitutional law mandating non-discrimination, accommodation, integration, and treatment. Jails and prisons have been very slow to learn the most general lesson of these strictures, which is that officials must individualize their assessment of and response to prisoners with disabilities. In addition, I look past current law to additional policies ...


A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong 2017 Boston College Law School

A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong

Boston College Law School Faculty Papers

There is no doubt that the law of rape is in need of reform. Compared to other crimes, reported rapes are convicted at 1/3 the rate of robberies and 1/6 the rate of assaults. Because knowing the identity of an assailant should lead to more, not fewer, convictions, this low conviction rate then is surprising given that acquaintance rapes—where the attacker is known to the victim—account for 80% of all rapes. Criminal law serves a vital purpose when it can clearly define criminal conduct and separate it from lawful activity. To effectively draw this line, criminal ...


The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong 2017 Boston College Law School

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari E. Hong

Kari E. Hong

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane. Just as being “Tough on Crime” was proven ...


Improving The Criminal Justice System's Response To Victimization Of Persons With Disabilities, James C. Backstrom 2017 University of St. Thomas, Minnesota

Improving The Criminal Justice System's Response To Victimization Of Persons With Disabilities, James C. Backstrom

University of St. Thomas Law Journal

No abstract provided.


The Federal Rules Of Inmate Appeals, Catherine T. Struve 2017 University of Pennsylvania Law School

The Federal Rules Of Inmate Appeals, Catherine T. Struve

Faculty Scholarship

The Federal Rules of Appellate Procedure turn fifty in 2018. During the Rules’ half-century of existence, the number of federal appeals by self-represented, incarcerated litigants has grown dramatically. This article surveys ways in which the procedure for inmate appeals has evolved over the past 50 years, and examines the challenges of designing procedures with confined litigants in mind. In the initial decades under the Appellate Rules, the most visible developments concerning the procedure for inmate appeals arose from the interplay between court decisions and the federal rulemaking process. But, as court dockets swelled, the circuits also developed local case management ...


How Law Enforcement Unmanned Aircraft Systems (Uas) Could Improve Tactical Response To Active Shooter Situations: The Case Of The 2017 Las Vegas Shooting, Ryan J. Wallace, Jon M. Loffi 2017 Polk State College

How Law Enforcement Unmanned Aircraft Systems (Uas) Could Improve Tactical Response To Active Shooter Situations: The Case Of The 2017 Las Vegas Shooting, Ryan J. Wallace, Jon M. Loffi

International Journal of Aviation, Aeronautics, and Aerospace

Using a case study methodology, this paper assesses the unique tactical challenges faced by law enforcement officers responding to the October 1, 2017, Las Vegas active shooter incident. The authors assessed the tactical strengths of the assailant, Stephen Paddock, and challenges faced by law enforcement personnel. The authors present several proposed applications of unmanned aircraft systems that could have potentially mitigated the active shooter’s tactical advantages.


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn 2017 Northwestern Pritzker School of Law

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice, 2017 Northwestern University School of Law

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery, 2017 Northwestern University School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.


Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing, 2017 Northwestern University School of Law

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler, 2017 Northwestern University School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler

Northwestern Journal of Law & Social Policy

No abstract provided.


Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?, 2017 Northwestern University School of Law

Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?

Northwestern Journal of Law & Social Policy

No abstract provided.


Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations, 2017 Northwestern University School of Law

Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations

Northwestern Journal of Law & Social Policy

No abstract provided.


Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell 2017 University of Kentucky

Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell

Indiana Law Journal

Law enforcement use of body-worn cameras has become a subject of significant public and scholarly debate in recent years. This Article presents findings from a study of the legal and social implications of body-worn camera adoption by two police departments in Washington State. In particular, this study focuses on the public disclosure of body-worn camera footage under Washington State’s public records act, state privacy law, and original empirical findings related to officer attitudes about—and perceptions of—the impact of these laws on their work, their own personal privacy, and the privacy of the citizens they serve. The law ...


The First Amendment And The Police In The Digital Age, Kermit V. Lipez 2017 University of Maine School of Law

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

Maine Law Review

In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go ...


Unspoken Immunity And Reimagined Justice: The Potential For Implementing Restorative Justice And Community Justice Models In Police-Related Shootings, Hannah Walker 2017 Elisabeth Haub School of Law at Pace University

Unspoken Immunity And Reimagined Justice: The Potential For Implementing Restorative Justice And Community Justice Models In Police-Related Shootings, Hannah Walker

Pace Law Review

The purpose of this Note is to analyze the limitations of the criminal legal system when faced with cases of police-related shootings. Specifically, I will discuss two instances of police (mis)conduct that captured the attention of the nation in the past three years: the non-indictment of Cleveland Police Officer Timothy Loehmann and the conviction of NYPD Officer Peter Liang. First, by assessing the circumstances and responses to those two cases, I will argue that the criminal legal system is inherently incapable of responding to and remedying the violence that occurs in situations laced with power, privilege, and emotional trauma ...


Federal Law Enforcement: Law Enforcement As Political Question, Zachary S. Price 2017 University of California, Hastings College of the Law

Federal Law Enforcement: Law Enforcement As Political Question, Zachary S. Price

The Judges' Book

No abstract provided.


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