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Full-Text Articles in Law

Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese Jun 2018

Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese

Faculty Scholarship

By January, 1956, the Montgomery Bus boycott was in full-swing. Black citizens in Montgomery, Alabama were refusing to ride the city’s private buses to protest racially segregated seating. On the afternoon of January 26, 1956, twenty-seven-year-old Martin Luther King, Jr. had finished his day of work at the Dexter Avenue Baptist Church in Montgomery. On his drive home, King stopped his vehicle to offer a ride to a group of bus boycotters standing at a downtown car-pool location. After the boycotters entered King’s car, two motorcycle policemen pulled-in behind King’s vehicle. While everyone in King’s car tried to remain calm, …


Racial & Identity Profiling Advisory Board Annual Report 2018, Racial & Identity Profiling Advisory Board Jan 2018

Racial & Identity Profiling Advisory Board Annual Report 2018, Racial & Identity Profiling Advisory Board

Civil Rights & Human Rights

The Racial and Identity Profiling Advisory (RIPA) Board began its work in July 2016 as part of the Racial and Identity Profiling Act of 2015 (AB 953) with a momentous purpose: to eliminate racial and identity profiling and improve racial and identity sensitivity in law enforcement.1 In order to achieve these goals, the RIPA Board was charged with several responsibilities including publishing an annual report on the past and current status of racial and identity profiling with policy recommendations for eliminating it. This is the first report of the RIPA Board, and similarly represents California’s first ever statewide report on …


The Plausible And The Possible: A Bayesian Approach To The Analysis Of Reasonable Suspicion, W. David Ball Jan 2018

The Plausible And The Possible: A Bayesian Approach To The Analysis Of Reasonable Suspicion, W. David Ball

Faculty Publications

The United States Supreme Court uses the wrong approach to analyze reasonable suspicion. The Court asks whether, if criminal activity were afoot, an officer would be likely to see what she saw (e.g. furtive gestures or flight from police). The ultimate question we are interested in, however, is whether, given what the officer saw, her conclusion about criminal activity was reasonable. These two questions are different. Even if it is highly likely that an officer would make a set of observations when criminal activity is afoot, it does not follow that criminal activity is itself highly likely when an officer …


“Show Me Your Papers”: An Equal Protection Violation Of The Rights Of Latino Men In Trump’S America, Monica Chawla Jan 2018

“Show Me Your Papers”: An Equal Protection Violation Of The Rights Of Latino Men In Trump’S America, Monica Chawla

Touro Law Review

No abstract provided.


A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper Jan 2018

A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper

Scholarly Works

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 …


Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger Jan 2018

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese Jan 2018

Martin Luther King Jr. And Pretext Stops (And Arrests): Reflections On How Far We Have Not Come Fifty Years Later, Tracey Maclin, Maria Savarese

UF Law Faculty Publications

By January, 1956, the Montgomery Bus boycott was in full-swing. Black citizens in Montgomery, Alabama were refusing to ride the city’s private buses to protest racially segregated seating. On the afternoon of January 26, 1956, twenty-seven-year-old Martin Luther King, Jr. had finished his day of work at the Dexter Avenue Baptist Church in Montgomery. On his drive home, King stopped his vehicle to offer a ride to a group of bus boycotters standing at a downtown car-pool location. After the boycotters entered King’s car, two motorcycle policemen pulled-in behind King’s vehicle. While everyone in King’s car tried to remain calm, …