Law Commons^™

Law Enforcement And Community Relations With Their Public, Garrett Fleming

Williams Honors College, Honors Research Projects

The Community Policing Model, despite being one of the most revered strategies used by police departments to interact with the general public, has presented several significant problems that trouble today's police officers. Its effectiveness toward improving the police-community relationship has come into question, justifying further research. However, this analysis must be completed in a multitude of geographical areas to show whether or not community policing is effective for the various demographics in those specific areas. This paper explores the effectiveness of the Community Policing Model as it is implemented by police departments in Northeast Ohio. An in-depth analysis on the …

Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke

Case Western Reserve Journal of International Law

In June 2018, then Attorney General Jeff Sessions issued Matter of A-B-. This decision vacated the holding of the 2014 Board of Immigration Appeals decision, Matter of A-R-C-G-. In A-R-C-G-, the adjudicator held that, depending on the specific facts of the case, “married women in Guatemala who are unable to leave their relationship” constitutes a particular social group. Membership in a particular social group is one of five ways to qualify for asylum in the United States. Membership is based on a fact specific analysis conducted by an immigration adjudicator. Sessions’s decision to vacate Matter of A-R-C-G- had a devastating …

British Home Stores Collapse: The Case For An Employee Derivative Claim, Neshat Safari, Martin Gelter

Faculty Scholarship

British Home Stores collapsed led 11,000 employees to lose their jobs and faced substantial cuts to their pension with a £571 million pension deficit. In light of the BHS scandal, the UK Government has proposed a set of corporate governance reforms to strengthen the employee voice. Although the government’s approach towards strengthening the employees’ protection is well intentioned, we argue that without providing a derivative claim right for employees, these measures will likely have little impact in practice. Hence we suggest that to safeguard the employees’ interest in the company and to enhance the overall protection of the company, in …

Of Trauma And Power: Celebrity Sexual Misconduct Tribunals, Noa Ben-Asher

Faculty Publications

In fall 2018, shortly after his nomination to the United States Supreme Court, Judge Brett Kavanaugh was accused of sexual assault. That same year, Professor Avital Ronell was the subject of a Title IX investigation at New York University (NYU), where she served as chair of the Department of German. Both were harshly scrutinized in the court of public opinion. Within several months of each other, these two individuals, at the peak of their prolific careers, were investigated for sexual misconduct by non-judicial tribunals that would determine their fate. Both scandals appeared in the midst of the #MeToo era, during …

Off Duty, Off The Wall, But Not Off The Hook: Section 1983 Liability For The Private Misconduct Of Public Officials, Douglas S. Miller

Akron Law Review

The language quoted in the previous paragraph, employing as it does the metaphor of causation, represents one model for determining when a person has acted under color of law. Other models have also been used. In Part II of this Article, I note briefly the inconsistency of outcome that has marked this area, and identify the various models used, relying in part on the efforts of other commentators to describe the models that might be available from a theoretical standpoint. In the course of identifying these models, I note that many, if not all, lack authority either in the history …

Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott

Articles

Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …

Optimal Abuse Of Power, Adrian Vermeule

Northwestern University Law Review

I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will tolerate a predictable level of misrule, even abuse of power, as the inevitable byproduct of attaining other ends that are desirable overall.

There are three principal grounds for this claim. First, the architects of the modern administrative state were not only worried about misrule by governmental officials. They were equally worried about “private” misrule—misrule effected through the self-interested or self-serving behavior of economic actors wielding and abusing …

Sexual Assault And The Meaning Of Power And Authority For Women With Mental Disabilities, Janine Benedet, Isabel Grant

All Faculty Publications

The sexual assault of persons with mental disabilities (also described as cognitive, intellectual and developmental disabilities) occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power underlie most sexual assaults of women with mental disabilities. We argue that existing …

Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness

Touro Law Review

No abstract provided.

Fred Z., David Mcgowan

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Debunking The Corporate Fiduciary Myth, Kelli A. Alces

Scholarly Publications

No abstract provided.

Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis

University of Michigan Journal of Law Reform

The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.

This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …

Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens

Faculty Articles

One of the enduring myths of American history, including constitutional history, is that of the “Great Man” or “Great Woman.” The idea is that, to understand the history of America, one needs to understand the impact made by Great Men and Women whose actions affected the course of history. In political history, one assays the development of the United States through the lives of great Americans, from the “Founders” to Abraham Lincoln to John F. Kennedy. Similarly, in constitutional history, the story is told through key figures, the “Great Judges,” from John Marshall to Oliver Wendell Holmes to Earl Warren. …