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Full-Text Articles in Law
The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan
The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan
Faculty Scholarship
In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.
Our results suggest …
Administrative States: Beyond Presidential Administration, Jessica Bulman-Pozen
Administrative States: Beyond Presidential Administration, Jessica Bulman-Pozen
Faculty Scholarship
Presidential administration is more entrenched and expansive than ever. Most significant policymaking comes from agency action rather than legislation. Courts endorse “the presence of Presidential power” in agency decisionmaking. Scholars give up on external checks and balances and take presidential direction as a starting point. Yet presidential administration is also quite fragile. Even as the Court embraces presidential control, it has been limiting the administrative domain over which the President presides. And when Presidents drive agency action in a polarized age, their policies are not only immediately contested but also readily reversed by their successors.
States complicate each piece of …