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Full-Text Articles in Law
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Washington and Lee Journal of Civil Rights and Social Justice
The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …
Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks
Washington and Lee Law Review
This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …
Qualified Immunity: Round Two, Andrew Coan, Delorean Forbes
Qualified Immunity: Round Two, Andrew Coan, Delorean Forbes
Washington and Lee Law Review
For the first time in its fifty-year history, the future of qualified immunity is in serious doubt. The doctrine may yet survive for many years. But thanks largely to the recent mass movement for racial justice, major reform and abolition are now live possibilities. This development raises a host of questions that have been little explored in the voluminous literature on qualified immunity because its abolition has been so difficult to imagine before now. Perhaps the most pressing is how overworked federal courts will respond to a substantial influx of new cases fueled by qualified immunity’s curtailment or demise. Might …
Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra
Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra
Washington and Lee Law Review Online
As states begin to loosen their COVID-19 restrictions, public debate is underway about what public health measures are appropriate. Many states have some form of mask-wearing orders to prevent the spread of COVID-19 infection. Public health guidance from the Centers for Disease Control and Prevention and the World Health Organization has conflicted. From a public health point of view, it is not clear what the right answer is. In the absence of directives, individuals are also making their own choices about mask use. At a time when public health measures, like shelter-in-place orders and social distancing, are being used to …
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the …
“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings
“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern
Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs
Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Washington and Lee Law Review
No abstract provided.
Police Surveillance Of Public Toilets
Police Surveillance Of Public Toilets
Washington and Lee Law Review
No abstract provided.