Criminal Procedure Commons^™

Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez

Public Interest Law Reporter

No abstract provided.

The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang

Public Interest Law Reporter

No abstract provided.

Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar

Public Interest Law Reporter

No abstract provided.

State Challenges To Refugee Resettlement, Anthony E. Wadas

Public Interest Law Reporter

No abstract provided.

Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.

Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon

Public Interest Law Reporter

In January, President Obama banned solitary confinement - the confinement of a prisoner in a cell for virtually the entire day without environmental stimulation and limited opportunity for social interaction - for juveniles in the federal prison system. In his announcement, he stated that solitary confinement has been overused and has the potential to cause tremendous psychological consequences. His decision came after a review by the Justice Department. The report stated that the practice of solitary confinement reduces the chances that a prisoner can be eventually rehabilitated to society. This article will examine the anticipated impact of the President's executive …

Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett

Public Interest Law Reporter

No abstract provided.

The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim

Public Interest Law Reporter

No abstract provided.

The Struggle For Reparations In The Burge Torture Cases: The Grassroots Struggle That Could, Joey L. Mogul

Public Interest Law Reporter

No abstract provided.

Why We Need Community Control Of The Police, Larry Redmond

Public Interest Law Reporter

No abstract provided.

Black People Against Police Torture: The Importance Of Building A People-Centered Human Rights Movement, Vickie Casanova Willis, Standish E. Willis

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

In Defense Of The Closed Primary, Bethany Dixon

Public Interest Law Reporter

No abstract provided.

Cyberbullying And The Victims Of Modern Technology, Wafeek Elafifi

Public Interest Law Reporter

No abstract provided.

Voter Identification Laws And The 2016 Election, Conor Grealish

Public Interest Law Reporter

No abstract provided.

The Pursuit Of Equitable Access To Reproductive Healthcare In The United States, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.

Continuing Barriers To Equal Educational Opportunities For Students With Disabilities, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.

Are We Contradicting Ourselves?: How The Stanford Rape Case Illustrates The Conflict Between Mandatory Sentencing And Judicial Discretion, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.

Well-Intended Federal Drug Policies May Leave Minorities Behind, William Ryan

Public Interest Law Reporter

No abstract provided.

The Threat Of Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part one of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau have solved predatory lending and ended the possibility of another subprime debacle. In this part, what will be shown is that due to the U.S. government's deregulation and the greed of banks and predatory lenders in the housing market, predatory lending wreaked havoc on minority, low-income, and immigrant communities, and was the main cause of the 2008 economic collapse.

The Anti-Discrimination Paradox: How Federal Civil Rights Laws Afford Broader Protection From Discrimination Than The Constitutional Provisions That Authorize Them, Henry Rose

Public Interest Law Reporter

No abstract provided.

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.

The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson

Contributions to Books

No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …

Police Reform And The Judicial Mandate, Julian A. Cook

Scholarly Works

In response to a crisis that threatens his tenure as Mayor of Chicago, Rahm Emanuel announced in December 2015 reform measures designed to curb aggressive police tactics by the Chicago Police Department (CPD). The reform measures are limited, but aim to reduce deadly police-citizen encounters by arming the police with more tasers, and by requiring that officers undergo deescalation training. Though allegations of excessive force have plagued the department for years, the death of Laquan McDonald, an African-American teenager who was fatally shot by Jason Van Dyke, a white officer with the CPD, was the impetus for the Mayor’s reforms. …

Trying To Fit A Square Peg Into A Round Hole: Why Title Ii Of The Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini

Journal of Law and Policy

Police use of force has been subject to greater scrutiny in recent years in the wake of several high-profile killings of African Americans. Less attention, however, has been paid to the increasingly routine violent encounters between police and individuals with mental illness or intellectual and development disabilities (“I/DD”). This is particularly problematic, as police have become the de-facto first responders to these individuals and far too often police responses to these individuals result in tragedy.

This Note argues that the Americans with Disabilities Act requires law enforcement to provide reasonable accommodations during their interactions with and seizures of individuals with …

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook

Scholarly Works

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …

Is There Really A Sex Bureaucracy?, Suzanne B. Goldberg

Faculty Scholarship

This essay identifies several features of the higher-education context that can enrich The Sex Bureaucracy‘s account of why colleges and universities have adopted new policies and trainings to address sexual assault on their campuses. These features include: 1) schools’ preexisting systems for addressing student conduct; 2) the shared interest of schools in reducing impediments to education, including nonconsensual sexual contact; and 3) the pedagogical challenges of developing trainings that are engaging and effective. Taking these three factors into account, we can see that while federal Title IX intervention has had a profound effect, it is also important not to …

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.