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Full-Text Articles in Law
Reimagining Public Safety, Brandon Hasbrouck
Reimagining Public Safety, Brandon Hasbrouck
Northwestern University Law Review
In the aftermath of George Floyd’s murder, abolitionists were repeatedly asked to explain what they meant by “abolish the police”—the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists’ secondary proposals, as interviewers quickly jettisoned the idea of literally abolishing the police. What the incredulous journalists failed to see was that abolishing police and prisons is not aimed merely at eliminating the collateral consequences of other social ills. Abolitionists seek to build a society in which policing and incarceration are unnecessary. Rather than a society without a means of protecting public safety, …
Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose
Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose
Northwestern University Law Review
A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted wealth distribution in contemporary America. This article explores the possible role of property law in such a distortion, using the historical example of racially restrictive covenants in the first half of the twentieth century. I will argue that the increasing professionalization and standardization of real estate practices in that era included …
Civil Rights Litigation In The Lower Courts: The Justice Barrett Edition, Aaron L. Nielson, Paul Stancil
Civil Rights Litigation In The Lower Courts: The Justice Barrett Edition, Aaron L. Nielson, Paul Stancil
Journal of Criminal Law and Criminology
Now that Justice Amy Coney Barrett has joined the United States Supreme Court, most observers predict the law will shift on many issues. This common view presumably contains at least some truth. The conventional wisdom, however, overlooks something important: the Supreme Court’s ability to shift the law is constrained by the cases presented to it and how they are presented. Lower courts are thus an important part of the equation. Elsewhere, the authors have offered a model of certiorari to demonstrate how lower courts in theory can design their decisions to evade Supreme Court review; they also explain why such …