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Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper

Scholarly Works

For 28 years the Court held that an officer's search incident to arrest powers automatically extended to the entire passenger compartment of a vehicle. In 2009, however, the Arizona v. Gant decision held that officers do not get to search a vehicle incident to arrest unless they satisfy (1) the Chimel v. California Court's requirement that the suspect has access to weapons or evanescent evidence therein or (2) the United States v. Rabinowitz Court's requirement that the officer reasonably believe evidence of the crime of arrest will be found therein. While many scholars read Gant as a ...


Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan 2012 Columbia Law School

Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan

Faculty Scholarship

Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The ...


Policing, Crime And Legitimacy In New York And Los Angeles: The Social And Political Contexts Of Two Historic Crime Declines, Jeffrey Fagan, John MacDonald 2012 Columbia Law School

Policing, Crime And Legitimacy In New York And Los Angeles: The Social And Political Contexts Of Two Historic Crime Declines, Jeffrey Fagan, John Macdonald

Faculty Scholarship

The relationship between citizens and police occupies a central place both in urban politics and in the political economy of cities. In this respect, for nearly 50 years, New York and Los Angeles have been bellwethers for many of the nation’s larger cities. In each city, as in cities across the world, citizens look to police to protect them from crime, maintain social order, respond to a variety of extra-legal community concerns, and reinforce the moral order of the law by apprehending offenders and helping bring them to justice (Reiss, 1971; Black, 1980; Skogan and Frydl, 2004). Beyond enforcing ...


Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis 2012 Columbia Law School

Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis

Faculty Scholarship

Drugs, crime, and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case‐control design to identify the effects of living in one of New ...


Taking Innovation Seriously: Antitrust Enforcement If Innovation Mattered Most, Tim Wu 2012 Columbia Law School

Taking Innovation Seriously: Antitrust Enforcement If Innovation Mattered Most, Tim Wu

Faculty Scholarship

Now is a particularly important time to consider the relationship between antitrust and innovation. Both US and European antitrust enforcement authorities are taking a look at the state of competition on the Internet, an inquiry that puts into clear focus the need for antitrust to take seriously its relationship with innovation policy. How would the enforcement of antitrust look if the promotion of innovation were its paramount concern? I present 3 suggestions: (1) law enforcement would be primarily concerned with the exclusion of competitors. (2) A competition law centered on promoting innovation would take very seriously its oversight of "innovation ...


National Security Federalism In The Age Of Terror, Matthew Waxman 2012 Columbia Law School

National Security Federalism In The Age Of Terror, Matthew Waxman

Faculty Scholarship

National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding ...


Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman 2012 FIU College of Law

Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman

Faculty Publications

No abstract provided.


The Demise Of Community Policing? The Impact Of Post-9/11 Federal Surveillance Programs On Local Law Enforcement, Veena Dubal 2012 Berkeley Law

The Demise Of Community Policing? The Impact Of Post-9/11 Federal Surveillance Programs On Local Law Enforcement, Veena Dubal

Asian American Law Journal

Police reform over the past thirty years has been guided by the philosophy of “community policing,” or the theory that police departments overcome poor community relations by engaging in initiatives that build mutual trust. The advent of the War on Terror brought about the intermingling of federal policing initiatives with local law enforcement. The clashing goals of federal and local police entities undermine local police goals and reformation initiatives based on “community policing.” Using San Francisco as a case study, I argue that overbroad surveillance and information gathering by local police fundamentally undermines trusting relationships between police and the community ...


Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman 2012 University of Michigan Law School

Signal Lost: Is A Gps Tracking System The Same As An Eyeball?, Eric Andrew Felleman

University of Michigan Journal of Law Reform Caveat

On November 8th, the Supreme Court will hear arguments in United States v. Jones. One of the primary issues in the case is whether law enforcement personnel violated Mr. Jones' Fourth Amendment right to freedom from unreasonable searches and seizures by using a GPS tracking device to monitor the location of his car without a warrant. The 7th Circuit and the 9th Circuit have both recently held that use of GPS tracking is not a search under the Fourth Amendment.


One More Good Reason For In-Car Videotaping Of Traffic Stops: An Accurate Assessment Of "Consent", Robert L. White 2012 University of Michigan Law School

One More Good Reason For In-Car Videotaping Of Traffic Stops: An Accurate Assessment Of "Consent", Robert L. White

University of Michigan Journal of Law Reform Caveat

There are a number of reasons why legislative reform mandating the use of in-car cameras in police cruisers would benefit the criminal justice system in Illinois. In-car cameras provide evidence for cases involving traffic violations or intoxicated motorists. They produce instantly available training materials. They also assist victims of police misconduct, as well as officers defending themselves against misconduct claims. This Comment looks to add to this list of benefits the role in-car cameras can play in assessing the validity of consents to search that officers obtain during traffic stops.


A Crisis In Federal Habeas Law, Eve Brensike Primus 2012 University of Michigan Law School

A Crisis In Federal Habeas Law, Eve Brensike Primus

Reviews

Everyone recognizes that federal habeas doctrine is a mess. Despite repeated calls for reform, federal judges continue to waste countless hours reviewing habeas petitions only to dismiss the vast majority of them on procedural grounds. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. In Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ, Professors Nancy King and Joseph Hoffmann offer such a theory. Drawing on history, current practice, and empirical data, King and Hoffmann find unifying themes ...


Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer 2012 University of Michigan Law School

Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer

Other Publications

This report is about 873 exonerations in the United States, from January 1989 through February 2012. Behind each is a story, and almost all are tragedies. The tragedies are not limited to the exonerated defendants themselves, or to their families and friends. In most cases they were convicted of vicious crimes in which other innocent victims were killed or brutalized. Many of the victims who survived were traumatized all over again, years later, when they learned that the criminal who had attacked them had not been caught and punished after all, and that they themselves may have played a role ...


The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi 2012 University of Michigan Law School

The Latest 4th Amendment Privacy Conundrum: "Stingrays", Max Bulinksi

University of Michigan Journal of Law Reform Caveat

Wired is reporting renewed hubbub regarding statutory and Fourth Amendment protections of individuals’ privacy in the digital age. This time, it comes in the form of federal officers using a fake cellphone tower (called a “stingray”) to locate their suspect, Mr. Rigmaiden, by tracking the location of his cellphone. According to an affidavit submitted to the court, the stingray only captures the equivalent of header information – such as the phone or account number assigned to the aircard as well as dialing, routing and address information involved in the communication.


Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan 2012 University of Michigan Law School

Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan

University of Michigan Journal of Law Reform Caveat

One of the lasting vestiges of Richard Nixon’s presidency is the infamous “War on Drugs,” a forty-year-old effort aimed at curtailing “illicit drug consumption and transactions in America.” Although the goal behind the policy—a reduction in the rate of substance abuse—may be altruistic, the War on Drugs has dismally failed to achieve its goals and has exacerbated existing problems. Specifically, laws dealing with crack cocaine result in a “heavily disproportionate impact on black defendants;” in 2008 “blacks comprised 79.8 percent of those convicted for crack cocaine-related offenses,” whereas “whites comprised only 10.4 percent.” More generally ...


Wrongful Convictions Do Lower Deterrence, Nuno Garoupa, Matteo Rizzolli 2012 Texas A&M University School of Law

Wrongful Convictions Do Lower Deterrence, Nuno Garoupa, Matteo Rizzolli

Faculty Scholarship

The conventional result of the theory of the public enforcement of law is that wrongful convictions of innocents are detrimental to deterrence. This proposition has been challenged recently. In some cases, wrongful convictions do not jeopardize deterrence, because they influence equally the innocent and the guilty. Therefore deterrence does not change. We show that, in general, wrongful convictions do lower deterrence. We prove that wrongful convictions do not jeopardize deterrence only in very limited circumstances or under unlikely assumptions.


How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott 2012 Indiana University Maurer School of Law

How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.


On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt 2012 Columbia Law School

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Faculty Scholarship

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth ...


Punitive Preventive Justice: A Critique, Bernard E. Harcourt 2012 Columbia Law School

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Faculty Scholarship

This book chapter critically examines punitive preventive measures, such as preventive detention for dangerous individuals, stop-and-frisks on the street, and order-maintenance policing. After reviewing the traditional concern expressed about punitive preventive practices, the chapter investigates the empirical evidence in support of such measures, concluding that the purported need for these measures is, on balance, factually overstated and generally unproven. But the empirical problems foreground a deeper theoretical difficulty with punitive preventive justice, namely that the modern approach to punitive prevention relies predominantly on economic cost-benefit analytic methods that effectively displace political debate and contestation. Like earlier punitive preventive interventions — such ...


Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis 2012 Columbia Law School

Race And Selective Enforcement In Public Housing, Jeffrey Fagan, Garth Davies, Adam Carlis

Faculty Scholarship

Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York ...


Keynote: The Crisis And Criminal Justice, Bernard Harcourt 2012 Columbia Law School

Keynote: The Crisis And Criminal Justice, Bernard Harcourt

Faculty Scholarship

There has been a lot of recent debate over whether the economic crisis presents an opportunity to reduce prison populations and improve the state of criminal justice in this country. Some commentators suggest that the financial crisis has already triggered a move towards reducing the incarcerated population. Some claim that there is a new climate of bipartisanship on punishment. Kara Gotsch of the Sentencing Project, for example, suggests that we are now in a unique political climate embodied by the passage of the Second Chance Act under President George W. Bush-a climate that is substantially different than the era marked ...


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