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Full-Text Articles in Law

The Problem Of Policing, Rachel A. Harmon Mar 2012

The Problem Of Policing, Rachel A. Harmon

Michigan Law Review

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …


Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar May 1991

Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar

Michigan Law Review

A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky