Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 42 U.S.C. § 1983 (1)
- Black Lives Matter (1)
- Body cameras (1)
- City of Tahlequah v. Bond (1)
- Civil liability (1)
-
- Civil police use of force lawsuits (1)
- Class action auto defect cases (1)
- Class counsel (1)
- Class counsel appointments (1)
- Consumer classes (1)
- Diversity (1)
- Objective reasonableness test (1)
- Officer-created jeopardy (1)
- Officer-created jeopardy liability loophole (1)
- Rule 23(g) of the Federal Rules of Civil Procedure (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Officer-Created Jeopardy And Reasonableness Reform: Rebuttable Presumption Of Unreasonableness Within 42 U.S.C. § 1983 Police Use Of Force Claims, Bryan Borodkin
University of Michigan Journal of Law Reform
This Note analyzes the current state of civil law surrounding police use of excessive force, highlighting the evolution of the “objective reasonableness” test employed in civil police use of force lawsuits brought under 42 U.S.C. § 1983. This Note also discusses the role that social movements and surveillance technologies have played in furthering police accountability and shifting public opinion surrounding police use of force. After detailing this social and technological context, this Note addresses the numerous problems presented by the “objective reasonableness” test employed within civil police use of force cases, analyzing this problematic test from the perspective of both …
Driving Diverse Representation Of Diverse Classes, Alissa Del Riego
Driving Diverse Representation Of Diverse Classes, Alissa Del Riego
University of Michigan Journal of Law Reform
Why have federal courts overwhelmingly appointed white men to represent diverse consumer classes? Rule 23(g) of the Federal Rules of Civil Procedure requires courts to appoint the attorneys “best able to represent the interests of class members” to serve as class counsel. But courts’ recurrent conclusion that white men best fit the federally mandated job description not only gives the appearance of discrimination, but harms class members that suffer from outcomes plagued by groupthink and cognitive biases. This Article sets out to uncover why white male repeat players continue to dominate class counsel appointments and proposes a practical and immediately …