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- Criminal law (2)
- Abortion (1)
- Accomplices (1)
- Aiding and abetting (1)
- Algorithms (1)
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- Capitol Riot (1)
- Collective crimes (1)
- Complicity (1)
- Criminal legal reform (1)
- Dobbs v. Jackson Women's Health Organization (1)
- Fetal harm (1)
- Forensic science (1)
- Junk science (1)
- Mass incarceration (1)
- Pregnancy (1)
- Pregnancy behavior (1)
- Racial hierarchy (1)
- Racism (1)
- Standing in reserve (1)
- Technology (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Standing In Reserve: A New Model For Hard Cases Of Complicity, Nicholas Almendares, Dimitri Landa
Standing In Reserve: A New Model For Hard Cases Of Complicity, Nicholas Almendares, Dimitri Landa
Articles by Maurer Faculty
The “hard cases” for the law relating to accomplices deal with the definition of what counts as aiding and abetting a crime. A retailer might sell a murder weapon in the ordinary course of business, while an accomplice might do nothing because their help was simply not needed. How do we distinguish between these cases? The Capitol Riot is a striking example of this sort of hard case because there were so many people involved in so many different and ambiguous ways. Outside of the conceptually easy cases of someone caught on camera making off with property or attacking officers, …
Racializing Algorithms, Jessica M. Eaglin
Racializing Algorithms, Jessica M. Eaglin
Articles by Maurer Faculty
There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …
Policing Pregnancy "Crimes", Valena Beety, Jennifer Oliva
Policing Pregnancy "Crimes", Valena Beety, Jennifer Oliva
Articles by Maurer Faculty
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization held that there is no right to abortion healthcare under the United States Constitution. This Essay details how states prosecuted pregnant people for pregnancy behaviors and speculative fetal harms prior to the Dobbs decision. In this connection, it also identifies two, related post-Dobbs concerns: (1) that states will ramp up their policing of pregnancy behaviors and (2) that prosecutors will attempt to substantiate these charges by relying on invalid scientific evidence. This Essay examines the faulty forensic science that states have used to support fetal harm allegations and reminds …