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The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
Faculty Publications
For more than half a century, documented police brutality has affected communities of color and the American legal system has largely failed to address it. Beginning with Rizzo v. Goode, Supreme Court decisions have allowed local police departments nearly unlimited discretion in their policies and practices. That decision and others demonstrate that the Supreme Court is misaligned with governmental initiated reforms. The Violent Crime Control and Law Enforcement Act of 1994, which allows the U.S. Attorney General and the U.S. Department of Justice (“DOJ”) to investigate law enforcement agencies’ practices and seek injunctive relief against agencies found to have engaged …