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Articles 1 - 7 of 7
Full-Text Articles in Law
The Music Of Mass Incarceration, Andrea L. Dennis
The Music Of Mass Incarceration, Andrea L. Dennis
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Intellectual property law reaches every aspect of the world, society, and creativity. Sometimes, creative expression is at the very crux of societal conflict and change. Through its history, rap music has demonstrated passionate creative expression, exploding with emotion and truths. Now the most popular musical genre in America, rap has always shared—and consistently critiqued—disproportionate effects of the criminal legal system on Black communities. The world is increasingly hearing these tunes with special acuity and paying more attention to the lyrics. Virtually every music recording artist would consider the following numbers a major career achievement: 500 percent increase; 222 percent growth; …
A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper
A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper
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President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men. Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …
Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper
Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper
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Martha Fineman proposes a post-identity "vulnerability" approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people's burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural disasters, and might be failed by social institutions. It thus argues for a strong state that takes affirmative steps to insure substantive equality of opportunity. While vulnerability theory might help explain and remedy situations like Hurricane Katrina, it also might be susceptible to an argument that racial profiling is a necessary …
Policing The Immigration Police: Ice Prosecutorial Discretion And The Fourth Amendment, Jason A. Cade
Policing The Immigration Police: Ice Prosecutorial Discretion And The Fourth Amendment, Jason A. Cade
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A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained evidence, typically by arguing that the Supreme Court should overrule its 1984 decision in INS v. Lopez-Mendoza not to enforce the exclusionary rule in civil immigration court. This Essay, in contrast, considers the role of Immigration and Customs Enforcement (ICE) attorneys in upholding the Fourth Amendment, taking as a launching point the recent exercise of prosecutorial discretion by ICE attorneys in …
We Are Always Already Imprisoned: Hyper-Incarceration And Black Male Identity Performance, Frank Rudy Cooper
We Are Always Already Imprisoned: Hyper-Incarceration And Black Male Identity Performance, Frank Rudy Cooper
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In this Essay, Professor Frank Rudy Cooper recenters the experiences of men of color, particularly those of black men, in light of Reagan's War on Drugs and recent scholarship illustrating the over-representation of men of color in prison for petty drug use. The mainstream's depiction of black men as always already imprisoned disciplines us into the never-finished quest to prove we are a "Good Black Man," rather than a "Bad Black Man." In order to propose greater empathy for black men's imprisonment, this article proceeds in the following manner. In Part I, Professor Cooper sets the stage for considering the …
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
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No abstract provided.
Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver
Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver
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No abstract provided.