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In Police We Trust, Rachel Moran 2017 Villanova University Charles Widger School of Law

In Police We Trust, Rachel Moran

Villanova Law Review

No abstract provided.


Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot 2017 Villanova University Charles Widger School of Law

Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot

Villanova Law Review

No abstract provided.


The Blurred Blue Line: Municipal Liability, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teresa E. Ravenell, Armando Brigandi 2017 Villanova University Charles Widger School of Law

The Blurred Blue Line: Municipal Liability, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teresa E. Ravenell, Armando Brigandi

Villanova Law Review

No abstract provided.


The Effects Of A Mandatory Body-Worn Camera Policy On Officer Perceptions Of Accountability, Oversight, And Departmental Culture, Jordan M. Hyatt, Renee J. Mitchell, Barak Ariel 2017 Villanova University Charles Widger School of Law

The Effects Of A Mandatory Body-Worn Camera Policy On Officer Perceptions Of Accountability, Oversight, And Departmental Culture, Jordan M. Hyatt, Renee J. Mitchell, Barak Ariel

Villanova Law Review

No abstract provided.


The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm 2017 College of William & Mary Law School

The Investigative Dynamics Of The Use Of Malware By Law Enforcement, Paul Ohm

William & Mary Bill of Rights Journal

The police have started to use malware—and other forms of government hacking—to solve crimes. Some fear coming abuses—the widespread use of malware when traditional investigative techniques would work just as well or to investigate political opponents or dissident speakers. This Article argues that these abuses will be checked, at least in part, by the very nature of malware and the way it must be controlled. This analysis utilizes a previously unformalized research methodology called “investigative dynamics” to come to these conclusions. Because every use of malware risks spoiling the tool—by revealing a software vulnerability that can ...


Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh 2017 College of William & Mary Law School

Feeding The Machine: Policing, Crime Data, & Algorithms, Elizabeth E. Joh

William & Mary Bill of Rights Journal

No abstract provided.


Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher 2017 Brooklyn Law School

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important ...


How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto de Andrade Barbosa, Carlos Henrique Borlido Haddad 2017 University of Michigan Law School

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

Articles

Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity and the “social value of labor” with an expansive interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors have obtained ...


A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller 2017 Washington & Lee University School of Law

A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller

Russell A. Miller

Germany is widely regarded as a global model for the privacy protection its constitutional regime offers against intrusive intelligence-gathering and law enforcement surveillance. There is some basis for Germany’s privacy “exceptionalism,” especially as the text of the German Constitution (“Basic Law”) provides explicit textual protections that America’s Eighteenth Century Constitution lacks. The German Federal Constitutional Court has added to those doctrines with an expansive interpretation of the more general rights to dignity (Basic Law Article 1) and the free development of one’s personality (Basic Law Article 2). This jurisprudence includes constitutional liberty guarantees such as the absolute ...


Cardinal Safety Newsletter - December 2017, Otterbein University 2017 Otterbein University

Cardinal Safety Newsletter - December 2017, Otterbein University

Otterbein Police Department

No abstract provided.


Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula 2017 Renmin University of China Law School

Utah V. Strieff: Lemonade Stands And Dragnet Policing, Guy Padula

West Virginia Law Review

No abstract provided.


A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller 2017 Washington & Lee University School of Law

A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller

Boston College Law Review

Germany is widely regarded as a global model for the privacy protection its constitutional regime offers against intrusive intelligence-gathering and law enforcement surveillance. There is some basis for Germany’s privacy “exceptionalism,” especially as the text of the German Constitution (“Basic Law”) provides explicit textual protections that America’s Eighteenth Century Constitution lacks. The German Federal Constitutional Court has added to those doctrines with an expansive interpretation of the more general rights to dignity (Basic Law Article 1) and the free development of one’s personality (Basic Law Article 2). This jurisprudence includes constitutional liberty guarantees such as the absolute ...


Changing Welfare As We Know It, Again: Reforming The Welfare Reform Act To Provide All Drug Felons Access To Food Stamps, Meghan Looney Paresky 2017 Boston College Law School

Changing Welfare As We Know It, Again: Reforming The Welfare Reform Act To Provide All Drug Felons Access To Food Stamps, Meghan Looney Paresky

Boston College Law Review

Approximately half a million Americans are currently incarcerated for drug convictions at the state and federal level. President Clinton’s 1996 enactment of the Personal Responsibility and Work Opportunity Reconciliation Act (“PRWORA”) affects this enormous class of individuals by including a provision that places a lifetime ban on access to welfare benefits, including food stamps, for individuals who have been convicted of a drug felony. Although there is an option within PRWORA for states to modify or opt out of the provision, six states and territories still enforce the full lifetime ban, and most states have some form of the ...


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 Race, Gender, and Social Justice

No abstract provided.


The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs 2017 College of William & Mary Law School

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

William & Mary Journal of Race, Gender, and Social Justice

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 ...


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 ...


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 ...


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.


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