Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law Enforcement and Corrections (37)
- Criminal Law (20)
- Criminal Procedure (16)
- Social and Behavioral Sciences (12)
- Constitutional Law (10)
-
- Fourth Amendment (10)
- Legal Studies (7)
- Civil Rights and Discrimination (6)
- Law and Race (6)
- Sociology (6)
- Criminology and Criminal Justice (5)
- International Law (5)
- Law and Gender (5)
- Legal History (5)
- Supreme Court of the United States (5)
- Arts and Humanities (4)
- Immigration Law (4)
- Juvenile Law (4)
- Law and Politics (4)
- Law and Society (4)
- Legal Profession (4)
- Privacy Law (4)
- Sexuality and the Law (4)
- African American Studies (3)
- Communications Law (3)
- Courts (3)
- Criminology (3)
- Health Law and Policy (3)
- Internet Law (3)
- Institution
-
- American University Washington College of Law (16)
- William & Mary Law School (9)
- University of South Carolina (8)
- University of the District of Columbia School of Law (5)
- Wayne State University (4)
-
- Barry University School of Law (3)
- Liberty University (3)
- New York Law School (3)
- University of Tennessee College of Law (3)
- City University of New York (CUNY) (2)
- Columbia Law School (2)
- Florida International University (2)
- Boston University School of Law (1)
- Eastern Washington University (1)
- Illinois Math and Science Academy (1)
- Louisiana State University (1)
- Maurer School of Law: Indiana University (1)
- Salve Regina University (1)
- Southern Methodist University (1)
- Texas A&M University School of Law (1)
- University of Miami Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Articles in Law Reviews & Other Academic Journals (15)
- Faculty Publications (13)
- Faculty Scholarship (5)
- Journal Articles (4)
- Law Faculty Research Publications (4)
-
- Popular Media (4)
- Articles & Chapters (3)
- Scholarly Works (3)
- Center for the Advancement of Public Integrity (Inactive) (2)
- Doctoral Dissertations and Projects (2)
- FIU Electronic Theses and Dissertations (2)
- Publications and Research (2)
- 2022 Symposium (1)
- All Faculty Scholarship (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Book Reviews (1)
- D.C. Council Testimony (1)
- Faculty Journal Articles and Book Chapters (1)
- Master's Theses (1)
- Publications & Research (1)
- Reports (1)
- Scholarly Articles (1)
- Scholarship (1)
- Scholarship@WashULaw (1)
- Senior Honors Theses (1)
Articles 1 - 30 of 73
Full-Text Articles in Law
Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams
Challenges Law Enforcement Faces In Utilizing Community Policing To Counter Violent Extremism, Steven Brett Beams
Doctoral Dissertations and Projects
There has been a rise in violent extremist attacks throughout America since the attack on the World Trade Center in 2001. However, law enforcement has been challenged in developing means and methods to combat the rise in terrorist activities. Using and enhancing community policing strategies have shown promising results in identifying terroristic individuals. A literature review shows that community policing strategies have been effective in combating and reducing violence and may be effective in mitigating terrorist activities. Community policing can be a necessary means for identifying radical individuals involved in terrorist activities. This research proposes to discover an effective and …
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Senior Honors Theses
This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …
The Effects Of Physical Fitness Policies On Law Enforcement Officers' Physical Fitness Levels, Tina M. Hall
The Effects Of Physical Fitness Policies On Law Enforcement Officers' Physical Fitness Levels, Tina M. Hall
Doctoral Dissertations and Projects
Most law enforcement agencies have minimum physical standards for new hires; however, few agencies have physical fitness standards for members once they are hired. Many law enforcement officers experience a decrease in physical fitness levels as their years of law enforcement service increase. The decrease in physical fitness levels causes a reduction in the ability to perform job duties and increases health consequences. This study explored the relationship of physical fitness levels of sworn law enforcement members from agencies with and without enforced physical fitness standards. Anonymous surveys were completed by 1240 sworn law enforcement officers from eight state law …
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
2022 Symposium
The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
Popular Media
No abstract provided.
Surveillance And The Tyrant Test, Andrew Guthrie Ferguson
Surveillance And The Tyrant Test, Andrew Guthrie Ferguson
Articles in Law Reviews & Other Academic Journals
How should society respond to police surveillance technologies? This question has been at the center of national debates around facial recog- nition, predictive policing, and digital tracking technologies. It is a debate that has divided activists, law enforcement officials, and academ- ics and will be a central question for years to come as police surveillance technology grows in scale and scope. Do you trust police to use the tech- nology without regulation? Do you ban surveillance technology as a manifestation of discriminatory carceral power that cannot be reformed? Can you regulate police surveillance with a combination of technocratic rules, policies, …
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Popular Media
No abstract provided.
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Popular Media
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.
Baton Rouge Collective Healing Initiative: Final Report, Jada Thomas-Smith, Judith F. Rhodes, Kristie Perry
Baton Rouge Collective Healing Initiative: Final Report, Jada Thomas-Smith, Judith F. Rhodes, Kristie Perry
Reports
In response to recent and historic traumatic events that caused distrust and strained relationships between law enforcement and their communities, the U. S. Department of Justice, Office of Victims of Crime (OVC), selected five demonstration sites to invest in restorative and healing activities to repair community-police relationships.
The International Association of Chiefs of Police (IACP) worked closely with the sites over the three-year grant period to improve relations through evidence-based interventions, technical assistance, and peer learning. The program, Law Enforcement and the Communities They Serve: Supporting Collective Healing in the Wake of Harm began in the selected cities, which included …
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
Transnational Government Hacking, Jennifer Daskal
Transnational Government Hacking, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin
Articles by Maurer Faculty
תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …
Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu
Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu
Publications and Research
This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …
Development Of A Transfer Of Training Measure For Law Enforcement, Daniel Costa
Development Of A Transfer Of Training Measure For Law Enforcement, Daniel Costa
FIU Electronic Theses and Dissertations
Training in the workplace has become a valuable tool that has been linked to improved employee performance and overall organizational outcomes. The field of law enforcement is particularly impacted by the transfer of training given its complex and dynamic nature. Despite its significance, there is a lack of research in law enforcement and therefore of available instruments to measure the transfer of training. The purpose of this study was to develop and validate an instrument to assess seven components that can influence the transfer of training in law enforcement: trainees’level of motivation/ curiosity, peer support, supervisor support, opportunity to use, …
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Scholarship@WashULaw
Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …
Poverty, Privacy, And Living Out Of Reach [Reviews], Wendy A. Bach
Poverty, Privacy, And Living Out Of Reach [Reviews], Wendy A. Bach
Scholarly Works
No abstract provided.
The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis
The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis
Publications & Research
Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.
From The Dark Tower: Unbridled Civil Asset Forfeiture, Saleema Saleema Snow
From The Dark Tower: Unbridled Civil Asset Forfeiture, Saleema Saleema Snow
Journal Articles
The Black Lives Matter movement reinforces that race dominates all aspects of the judicial system. Police officers are significantly more likely to stop African Americans than Whites. Even when a stop or arrest is unwarranted, law enforcement agencies can still profit from the property seized under the guise of forfeiture statutes. Various state and federal civil asset forfeiture statutes legitimize law enforcement seizing cash, homes, cars, and office equipment—all with nominal due process protections. Despite evidence of discriminatory police practices, the U.S. Supreme Court deems these forfeiture practices constitutional.
This article seeks to reignite the conversation about discriminatory policing and …
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Borders And Bits, Jennifer Daskal
Borders And Bits, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion, Andrew Kuntz
Corruption By Card: How Police Association Cards Allow Law Enforcement To Cloak Self-Dealing As Discretion, Andrew Kuntz
Center for the Advancement of Public Integrity (Inactive)
Law enforcement abuse their discretion by providing favorable treatment to individuals that demonstrate a relationship to the law enforcement community. Private organizations affiliated with law enforcement have capitalized on this by creating association cards which are distributed by members to friends, family members, and others. Card holders present the card during encounters with law enforcement to signal that they have a relationship with law enforcement, with the expectation that they will receive favorable treatment. Though the cards have no formal authority behind them, strong norms in the law enforcement community punish officers that fail to honor them. Because the cards …
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang L. Ngov
Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang L. Ngov
Faculty Scholarship
No abstract provided.
Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning
Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning
Articles & Chapters
No abstract provided.
Hope [Reviews], Wendy A. Bach
Race And Police Power, Jamila Jefferson-Jones
Race And Police Power, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …
The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo
The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo
Articles in Law Reviews & Other Academic Journals
For fifty years, the core problem that gave rise to Miranda – namely, the coercive pressure of custodial interrogation – has remained largely unchanged. This article proposes bringing Miranda into the twenty-first century by developing a “Miranda App” to replace the existing, human Miranda warnings and waiver process with a digital, scripted computer program of videos, text, and comprehension assessments. The Miranda App would provide constitutionally adequate warnings, clarifying answers, contextual information, and age-appropriate instruction to suspects before interrogation. Designed by legal scholars, validated by social science experts, and tested by police, the Miranda App would address several decades of …
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Faculty Scholarship
Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.
This essay focuses on one area of state practice where states are already dealing with these issues: the use …