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Full-Text Articles in Law
Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman
Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman
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After many well-publicized cases of police wrongdoing, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to dismiss damages actions against officials for violating the plaintiff’s constitutional rights unless a reasonable officer would have known that the right was “clearly established.” Scholars argue that the doctrine impedes deterrence of rights violations and forecloses compensation and vindication for victims.
One line of attack has relied on empirical evidence to challenge what scholars take to be the main justification for qualified immunity, that it prevents the threat of constitutional liability from over-deterring …
Suspicionless Policing, Julian A. Cook
Suspicionless Policing, Julian A. Cook
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The tragic death of Elijah McClain—a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers—epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police organizations is a culture that promotes aggressive investigative behaviors and a disregard for individual liberties. Incentivized by a Supreme Court that has, over the course of several decades, empowered the police with expansive powers, law enforcement organizations have often tested—and crossed—the constitutional limits of their investigative authorities. And too often it …
Different Lyrics, Same Song: Watts, Ferguson, And The Stagnating Effect Of The Politics Of Law And Order, Lonnie T. Brown
Different Lyrics, Same Song: Watts, Ferguson, And The Stagnating Effect Of The Politics Of Law And Order, Lonnie T. Brown
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This Article critically examines the Watts riots and their aftermath in comparison to the Ferguson situation, and demonstrates how little progress America has made in a span of fifty years in the area of race relations. More importantly, the Article points to the politics of “law and order” as the primary culprit for this static social condition.
Police Culture In The Twenty-First Century: A Critique Of The President's Task Force's Final Report, Julian A. Cook
Police Culture In The Twenty-First Century: A Critique Of The President's Task Force's Final Report, Julian A. Cook
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In response to a series of events involving police-citizen encounters, including those in Ferguson, Missouri, and Staten Island, New York, that have strained relations between law enforcement and the communities (primarily minority) that they serve, President Barack Obama established a task force charged with developing a set of recommendations designed to improve police practices and enhance public trust. Headed by Charles Ramsey, Commissioner of the Philadelphia Police Department, and Laurie Robinson, former Assistant Attorney General for the U.S. Department of Justice Office of Justice Programs, and currently a Professor of Criminology, Law, and Society at George Mason University, the eleven-member …
Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis
Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis
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Police violence against citizens lately has gripped the nation’s attention because of recent cases in Ferguson, Missouri; Staten Island, New York; Cleveland, Ohio; Baltimore, Maryland; and elsewhere. Children in those communities and nationwide have been directly and indirectly exposed to these well-publicized incidences of police killings and the aftermath of those killings.
Exposure to police violence may cause children physical, cognitive, emotional, and social trauma. Moreover, the exposure may negatively influence children’s mindsets regarding the criminal justice system and police.
Undoubtedly, these events of late are not the first and only instances in which children have been exposed to physically …