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Full-Text Articles in Law
Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor
Criminalized Students, Reparations, And The Limits Of Prospective Reform, Amber Baylor
Faculty Scholarship
Recent reforms discourage schools from referring students to criminal law enforcement for typical disciplinary infractions. Though rightly celebrated, these reforms remain mere half-measures, as they emphasize prospective decriminalization of student conduct without grappling with the harm to generations of former students – disproportionately Black – who have been targeted by criminalizing policies of the past. Through the lens of reparations theory, this Article sets out the case for retroactive and reparations-based redress for the criminalization of students. Reparations models reposition moral norms. They acknowledge state harm, clarify the losses to criminalized students, allow for expansive forms of redress, and cast …
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Faculty Scholarship
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …
Profiling And Consent: Stops, Searches, And Seizures After Soto, Jeffrey A. Fagan, Amanda Geller
Profiling And Consent: Stops, Searches, And Seizures After Soto, Jeffrey A. Fagan, Amanda Geller
Faculty Scholarship
Following Soto v. State (1999), New Jersey was the first state to enter into a Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New Jersey Turnpike …
Why We Need Police, Justin Mccrary, Deepak Premkumar
Why We Need Police, Justin Mccrary, Deepak Premkumar
Faculty Scholarship
This chapter discusses the essential role that the police have in deterring and reducing crimes, particularly the most violent and costly ones to society, such as murder. We begin by providing a brief overview of deterrence theory before discussing the empirical evidence on the efficacy of police staffing and various policing strategies on crime reduction. Using a framework developed in Weisburd and Eck (2004), we quickly evaluate the model of standard policing and then mainly focus on evidence behind three current policing practices: hot spots, problem- oriented, and proactive. Finally, we use the empirical evidence of police staffing to provide …
New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash
New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash
Faculty Scholarship
In popular and political culture, many observers credit nearly twenty-five years of declining crime rates to the “New Policing.” Breaking with a past tradition of “reactive policing,” the New Policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. The existing research and scholarship on these developments have focused mostly on the nation’s major cities, where concentrated populations and elevated crime rates provide pressurized laboratories for police experimentation, often in the spotlight of political scrutiny. An additional line of scholarship has looked more closely at how the tactics of the New Policing have …
National Security Federalism In The Age Of Terror, Matthew C. Waxman
National Security Federalism In The Age Of Terror, Matthew C. Waxman
Faculty Scholarship
National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding the …
Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan
Crime And Enforcement In Immigrant Neighborhoods: Evidence From New York City, Garth Davies, Jeffrey Fagan
Faculty Scholarship
Immigration and crime have received much popular and political attention in the past decade, and have been a focus of episodic social attention for much of the history of the U.S. Recent policy and legal discourse suggests that the stigmatic link between immigrants and crime has endured, even in the face of evidence to the contrary. This study addresses the relationship between immigration and crime in urban settings, focusing on areal units where immigrants tend to cluster spatially as well as socially. We ask whether immigration creates risks or benefits for neighborhoods in terms of lower crime rates. The question …
Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan
Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan
Faculty Scholarship
On November 5, 2003, concern regarding suspected drug activity led to a massive police search of Stratford High School in the Berkeley School District, north of Charleston, South Carolina. (See Police, School District Defend Drug Raid, available at http://www.cnn.com/2003/US/South/11/07/school.raid/index.html.) Fourteen police officers assumed strategic positions inside and outside the school. Accompanied by a drug-sniffing clog, officers. Some with guns drawn, secured a school hallway and ordered more than I 00 students to get on their knees and face the wall, handcuffing at least 12 who failed to immediately obey the police orders. Alerted by the clog. police physically searched students, …
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt
Faculty Scholarship
The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …
Patterns Of Legal Change: Shareholder And Creditor Rights In Transition Economies, Katharina Pistor
Patterns Of Legal Change: Shareholder And Creditor Rights In Transition Economies, Katharina Pistor
Faculty Scholarship
This paper analyses changes in the legal protection of shareholder and creditor rights in 24 transition economies from 1990 to 1998. It documents differences in the initial conditions and a tendency towards convergence of formal legal rules as the result of extensive legal reforms. Convergence seems to be primarily the result of foreign technical assistance programs as well as of harmonisation requirements for countries wishing to join the European Union. The external supply of legal rules not withstanding, the pattern of legal reforms suggests that law reform has been primarily responsive, or lagging, rather than leading economic development. In comparison, …