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UIdaho Law

Civil Rights and Discrimination

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Full-Text Articles in Law

Los Angeles V. Mendez: Proximate Cause Promise For Police Shooting Victims, Katherine Macfarlane Feb 2018

Los Angeles V. Mendez: Proximate Cause Promise For Police Shooting Victims, Katherine Macfarlane

Articles

County of Los Angeles v. Mendez, the Supreme Court’s recent decision rejecting shooting victims’ excessive force claims, has been written off as yet another case in which police violence has no civil rights consequences. The Court found that the deputies who shot Jennifer Garcia and Angel Mendez fifteen times used reasonable force because Mendez was holding a BB gun. But the deputies barged in on Garcia and Mendez while they were napping on a futon in their home, and Mendez grabbed his BB gun to stand up and steady himself. The Court remanded the case with instructions to consider ...


Posner Tackles The Pro Se Prisoner Problem: A Book Review Of "Reforming The Federal Judiciary", Katherine Macfarlane Jan 2018

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of "Reforming The Federal Judiciary", Katherine Macfarlane

Articles

No abstract provided.


Accelerated Civil Rights Settlements In The Shadow Of Section 1983, Katherine Macfarlane Jan 2018

Accelerated Civil Rights Settlements In The Shadow Of Section 1983, Katherine Macfarlane

Articles

The families of Eric Garner, Laquan McDonald, Freddie Gray, and Walter Scott have obtained multimillion dollar settlements from the cities in which their family members lost their lives. This Article identifies and labels these settlements as a legal response unique to high-profile police-involved deaths: accelerated civil rights settlement. It defines accelerated civil rights settlement as a resolution strategy that uses the threat of 42 U.S.C. Section 1983 litigation rather than litigation itself to compensate police-involved shooting victims’ family members. This Article explains how accelerated civil rights settlement involves no complaint or case—nothing is filed. Also, the goal ...


The New Jim Crow's Equal Protection Potential, Katherine Macfarlane Jan 2018

The New Jim Crow's Equal Protection Potential, Katherine Macfarlane

Articles

In 1954, the Supreme Court's Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson's separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative action. In 2016, Justice Sotomayor cited an influential piece of social science research, Michelle Alexander's The New Jim Crow: Mass Incarceration in the Age of Colorblindness, in her powerful Utah v. Strieff dissent. Sotomayor contended that the Court's holding overlooked the unequal racial impact of ...


Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Articles

No abstract provided.


Predicting Utah V. Streiff's Civil Rights Impact, Katherine Macfarlane Jan 2016

Predicting Utah V. Streiff's Civil Rights Impact, Katherine Macfarlane

Articles

No abstract provided.


Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams Jan 1999

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.