Digital Commons Network^™

Does Minnesota’S Red Flag Bill Violate The Second Amendment?, Sherian Anikie

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Fleeing Terror In Southern Mexico: Why Numerous Guerrero Refugees Qualify For Asylum, International Human Rights Clinic Of Seattle University School Of Law, Kino Border Initiative

International Human Rights Clinic

This report sheds light on the crisis confronting residents of Guerrero, a state in Southern Mexico plagued by rampant, indiscriminate violence and human rights violations. It utilizes research and first-person interviews to methodically provide a rationale for granting these refugees asylum under U.S. law.

Effects Of Police Hiring & Training On Civilian Complaints: A Case Study Of The Nassau County, Ny Police Department, Shevach Berkovits

Theses and Dissertations

Police agencies and administrations continue to face public scrutiny, consequential poor policing, and costly litigation from within their communities. Newly hired Police officers, trained in the latest police science, can lead to fewer received civilian complaints from the communities they serve. Without established literature and studies, agency leadership and policy-makers' decision-making are constrained to quantifying spreadsheet data, which rarely alter the totality of any micro-level police-related interactions. Therefore, this study asks, how does the amount of newly hired police officers affect the number of civilian complaints received? Theories applied include Risk Management, Societal Security, and Conflict Criminology. The Nassau County …

1983, Brandon Hasbrouck

Scholarly Articles

This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell’s classic novel Nineteen Eighty-Four. Like Orwell’s novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide examples of some of those problems and how courts have treated them in a constitutional law context. The title (itself quite close to Orwell’s own title) is a reference to our chief civil rights statute, while the story deals with a critical threat to that …

An Upward Trend In Jailhouse Cooperation With Ice: A Report On Detainers Issued By Ice And 287(G) Agreements In Alabama, Arkansas, Louisiana, Mississippi, And Tennessee From 2016 To 2020., Eric Franklin Amarante, Project South

Scholarly Works

This report analyzes information received in response to Freedom of Information Act requests to ICE about 287(g) agreements and detainer requests issued between fiscal year 2016 to 2020 in those states. This report concludes with specific recommendations for local, state, and federal governments to end LLE-ICE collaboration and repeal anti-immigrant policies.

Unshielded: How The Police Can Become Touchable, Brandon Hasbrouck

Scholarly Articles

This Review proceeds in three Parts. First, Part I examines Shielded’s text, highlighting Schwartz’s analysis of the problem of unaccountable police, the many barriers to holding police accountable, and her proposed solutions. Part II then critically examines Schwartz’s work, examining pieces of the problem she left undiscussed and the relative shortcomings of her discussion of possible solutions. Finally, Part III takes an abolitionist approach, delving into potential nonreformist reforms and the solution of full abolition, as well as examining the most significant objection to abolitionist approaches: the problem of violence.

Chief Justice Angela R. Riley And Professor Suzette Malveaux In Conversation At The Eleventh Annual John Paul Stevens Lecture: The Third Sovereign: Tribal Courts And Indian Country Justice, Angela R. Riley, Suzette Malveaux

Scholarly Articles

The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder’s Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the U.S. Supreme Court Justice Stevens, who delivered the inaugural lecture in September 2011. This fireside chat brings distinguished jurists from around the country (and even world) to Colorado Law to discuss the state of the judiciary, democracy and current constitutional issues. The esteemed lecture attracts students, …

Ua12/8 2024 Annual Campus Safety & Security Report For The Calendar 2023 Calendar Year, Wku Police

WKU Administration Documents

Annual WKU campus security report for 2023.

Crowdsourcing Surveillance, Chaz Arnett

Faculty Scholarship

In Unreasonable: Black Lives, Police Power, and the Fourth Amendment, Devon W. Carbado illuminates how both the spectacular and quotidian forms of racialized terror, brutality, and surveillance—characteristic of enslavement—have shaped the construction of our constitutional order. He argues that the combined social normalization and legal naturalization of racial hierarchy paved the way for the development of slave patrols and other early iterations of policing where incredible acts of violence against Black bodies were made ordinary and essential. He explains how this legacy continues today with Fourth Amendment jurisprudence not simply failing to protect rights but rather licensing police violence …

Timmsen: A Criminal Procedure U-Turn Or Just A Detour?, Nancy Jack, Karl T. Muth

Loyola University Chicago Law Journal

This Article reviews a recent traffic stop case in Illinois that looks unremarkable from a distance but, upon closer examination, contains a variety of criminal procedure questions about traffic stops, mistake of law, formation of suspicion, and—ultimately—the durability and flexibility of the reasonable, articulable suspicion standard itself when a bizarre fact pattern puts it to the test. In People v. Timmsen, the Illinois Supreme Court wrestles with the question of whether wholly legal behavior, when misinterpreted as illegal conduct, can create the basis for a roadside interaction and the evidentiary question of whether, given the facts particular to this …

Prisons As Laboratories Of Antidemocracy, Brandon Hasbrouck

Scholarly Articles

Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America’s prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls: prison administrators honed antidemocratic techniques for constraining and oppressing incarcerated persons, techniques that would later be deployed against the ostensibly free population. Jeffrey Bellin’s Mass Incarceration Nation provides a robust analysis of the ways state and federal policies have combined to create an explosion in the scope of American prisons in the …

The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

Social media platforms encouraged millions of Americans to post hundreds of photos of themselves on the Internet. Clearview AI, a tool that harnesses “publicly available” online images for facial recognition, violated those platforms’ terms of service to collect those photos and in doing so de-anonymized millions of Americans. This Note examines the Fourth Amendment implications of law enforcement’s use of Clearview AI and its compatibility with constitutional protections. This Note argues that the use of Clearview AI by police to support warrant applications runs afoul of established legal standards by analyzing the evolution of Fourth Amendment ju …

Eavesdropping: The Forgotten Public Nuisance In The Age Of Alexa, Julia Keller

Vanderbilt Law Review

Always-listening devices have sparked new concerns about privacy while evading regulation, but a potential solution has existed for hundreds of years: public nuisance.

Public nuisance has been stretched to serve as a basis of liability for some of the most prominent cases of modern mass-tort litigation, such as suits against opioid and tobacco manufacturers for creating products that endanger public health. While targeting conduct that arguably interferes with a right common to the public, this use of public nuisance extends far beyond the original understanding of the doctrine. Public nuisance has not been applied, however, to another prominent contemporary issue: …

The Thinning Blue Line: Ptsd Benefits For Law Enforcement In Minnesota, Caleb Wootan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

United States Of America, In The Forum Of Federations Handbook On Local Government In Federal Systems, Meryl Justin Chertoff

SALPAL Papers & Reports

Municipalities in the United States (US), particularly those in its largest metropolitan areas, drive economic growth and innovation and are home to the majority of the nation’s population, but their political status under the federal constitutional system of divided government is relatively weak. That does not mean US cities lack political power; it means that the federalist structure weakens, rather than enhances, city power. The US Constitution does not even mention cities, and the US federal structure has not evolved to reflect ‘city power’. There is a mismatch between the rise of cities on the global stage and their role …

Getting Off Off-Duty: The Impact Of Dobbs On Police Officers’ Private Sexual Lives, Joshua Arrayales

UC Law Constitutional Quarterly

Upon its leak and subsequent official release, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization shocked and worried the nation. Overnight, the Court overturned forty-nine years of precedent. Those forty-nine years of overturned precedent not only implicate the ability to obtain abortion, but also the ability to engage in relationships, marry, make decisions about our own body, and keep our personal lives private. As a result, many advocates worry about the status of fundamental rights since many of those rights relied on the now overturned cases Roe v. Wade and Planned Parenthood v. Casey as well as …

First Amendment Fetishism, John M. Kang

Faculty Scholarship

The Supreme Court, starting in 1971, has lit upon a reckless path of protecting speech that is, by any reasonable measure, appallingly vulgar, emotionally hurtful, and dangerous. Against the wishes of the community, the Court has protected a roster of extremely offensive speech:

• a rageful repetition of the F-word uttered by a teacher before children in a school auditorium

• a White skinhead’s cross burning on the front lawn of a Black family’s house

• the public burning of the American flag by an avowed Communist who hated the United States and who cared nothing for the emotional pain …

Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram

Vanderbilt Law Review En Banc

No abstract provided.

Surveilling Disability, Harming Integration, Prianka Nair

Faculty Scholarship

No abstract provided.

Second Look Myopia: State Sentencing Reform And The Local Prosecutorial Response, Alexandra Harrington

Journal Articles

This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to filter cases worthy of review. Using the lens of New York’s recent second-look law, the Domestic Violence Survivors Justice Act (DVSJA), I analyze the ways in which the local prosecutor can serve as a functional barrier to statewide implementation of sentencing reform. The New York State Legislature enacted the DVSJA—after advocacy from hundreds of directly impacted individuals, stakeholders, and organizations and after significant opposition from only the District Attorneys’ Association—to change the way the State sentences survivors of domestic violence. The DVSJA also allows …

The China Challenge: Excluding Mexican/Chinese Evs From The United States, David A. Gantz

American University International Law Review

Part II of this Article summarizes the rules applicable to trade in passenger vehicles under the USMCA and WTO rules. Part III looks at the rationale for BYD and perhaps other Chinese auto producers to build factories in Mexico. Part IV examines the legal and practical options for BYD, and other Chinese autos and SUVs assembled in Mexico to penetrate the U.S. market. It also examines the actions available to the U.S. government to exclude those imports from the United States. Part V examines the implications of the exclusion policies for the United States, China, and Mexico that appear likely …

Law Enforcement Use Of Facial Recognition - A Comparative Approach Between The United States And Europe To Tackle The Racial Bias Of Facial Recognition Against People Of Color, Louise Grégoire

American University International Law Review

This article is focused on the use of Facial recognition technology (FRT) by law enforcement in the United States and Europe and the issue of racial bias.

Can The Giving Pledge Reduce Wealth Inequality In The United States?, Sarah Bianchi

Loyola Consumer Law Review

No abstract provided.

A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt

Upper Level Writing Requirement Research Papers

No abstract provided.

Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown

Law Librarian Scholarship

The COVID-19 pandemic brought into focus that outdoor activities in natural settings have a positive impact on mental health, and individuals participating in outdoor activity report higher rates of emotional well-being than individuals who do not participate in such activity. Biophilic design is an architectural practice that aims to connect people to nature through design concepts with one of the benefits being psychological. Other benefits of biophilic design include improvements to environmental quality, physical health, support of animal species and habitats, and more resilient and energy-efficient cities.

Selling Surveillance, Asaf Lubin

Articles by Maurer Faculty

Almost everything we do on the Internet is achieved through Internet-connected devices, such as smartphones and laptops. This reality has produced a new sprawling industry of commercial spyware corporations: a vast network of companies specializing in selling security vulnerabilities in the very devices we all use. These companies provide clients with tools and services for unauthorized access and surveillance. Investigative reporting has unearthed the scope and nature of the systematic abuses produced by these technologies. Around the world, government actors rely on spyware to target human rights activists, journalists, and dissidents with almost no accountability.

Spyware companies have long defended …

Annual Report, Fiscal Year 2024, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

“Proven” Safety Regulations: Massachusetts 1805 Proving Law As Historical Analogue For Modern Gun Safety Laws, Billy Clark

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Refining The Dangerousness Standard In Felon Disarmament, Jamie G. Mcwilliam

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Can The Excessive Fines Clause Mitigate The Lfo Crisis? An Assessment Of The Caselaw, Michael M. O'Hear

Faculty Publications

The nation’s increasing use of fees, fines, forfeiture, and restitution has resulted in chronic debt burdens for millions of poor and working-class Americans. These legal financial obligations (LFOs) likely entrench racial and socioeconomic divides and contribute to the breakdown of trust in the police and courts in disadvantaged communities. One possible source of restraint on LFOs may be the Excessive Fines Clause of the Eighth Amendment. Largely ignored by courts and commentators for two centuries, the Clause has in recent years been the subject of a burgeoning volume of litigation and scholarship. The U.S. Supreme Court has decided a handful …