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Full-Text Articles in Law
Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell
Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell
Journal Articles
No abstract provided.
Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder
Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder
Journal Articles
Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …
Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros
Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros
Journal Articles
This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …