Law Commons^™

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Johanna Kalb

Articles

No abstract provided.

The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel

Articles

This article addresses the claim that times of crisis require jettisoning legal rules in favor of ad hoc balancing. Part I demonstrates that the coercive preventive measures adopted by the Bush administration in carrying out the War on Terror discarded clear legal rules in favor of ad hoc balancing and relied on suspicions rather than objective evidence. Part II examines the claims of prevention paradigm supporters that ad hoc balancing is necessary in the new post-911 era in order to reach decisions that correctly weigh the values of liberty and peace versus national security. This article argues that discarding the …

The Importance Of Research On Race And Policing: Making Race Salient To Individuals And Institutions Within Criminal Justice, David A. Harris

Articles

For years, criminologists have directed research efforts at questions at the intersection of race and law enforcement. This has not always been welcomed by practitioners, to put it mildly; rather, many police officers view research focused on race and policing as nothing short of an attempt to paint the policing profession and police officers as racist.

This commentary argues that, to the contrary, research into race and policing can still impart to everyone in our society, including police officers and their law enforcement institutions, much that they do not know about how race plays a role in both routine and …

Search Me?, John Burkoff

Articles

Professor Burkoff contends that most people who purportedly "consent" to searches by law enforcement officers are not really - freely and voluntarily, as the Supreme Court decisional law supposedly requires - consenting to such searches. Yet, absent unusual circumstances, the great likelihood is that a court nonetheless will conclude that such consent was valid and any evidence seized admissible under the Fourth Amendment. Professor Burkoff argues, however, that the Supreme Court's 2006 decision in Georgia v. Randolph now dictates that the application of consent law doctrine should reflect the actual voluntariness (or involuntariness) of the questioned consents that come before …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …