Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Black (2)
- Law enforcement (2)
- Police (2)
- Abatement (1)
- Abolish (1)
-
- African American (1)
- African american (1)
- Bias (1)
- Black lives matter (1)
- Business (1)
- CRT (1)
- Campus (1)
- Causal (1)
- Critical Race Theory (1)
- Defund (1)
- Fairness (1)
- Higher education (1)
- Implicit (1)
- Local (1)
- Militarization (1)
- Nuisance (1)
- Objective reasonableness (1)
- Perception (1)
- Police Union (1)
- Police brutality (1)
- Policing (1)
- Qualified immunity (1)
- Section 1983 (1)
- University (1)
- Willful intent (1)
Articles 1 - 6 of 6
Full-Text Articles in Law and Race
Removing White Hoods From The Blue Line: A Legislative Solution To White Supremacy In Law Enforcement, Hope Elizabeth Barnes
Removing White Hoods From The Blue Line: A Legislative Solution To White Supremacy In Law Enforcement, Hope Elizabeth Barnes
Washington and Lee Journal of Civil Rights and Social Justice
On May 25, 2020, George Floyd took his final breaths. His death at the hands of multiple Minneapolis police officers was recorded by witnesses and viewed by millions. The public response to Floyd’s death was immediate and powerful. Americans were demanding change on a greater scale than ever before. The problem with policing is not Derek Chauvin, or the Minneapolis Police Department, but rather with the very institution. White supremacy is alive and well in American policing. This Note begins by examining the historic connection between white supremacist groups and law enforcement agencies. This Note then evaluates existing standards of …
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Policing The College Campus: History, Race, And Law, Vanessa Miller, Katheryn Russell-Brown
Washington and Lee Journal of Civil Rights and Social Justice
The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …
Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt
Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt
Washington and Lee Law Review
From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through …
Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks
Washington and Lee Law Review
This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …
How To Get Away With Murder: When A White Male Police Officer Kills A Young Black Person, Mitchell F. Crusto
How To Get Away With Murder: When A White Male Police Officer Kills A Young Black Person, Mitchell F. Crusto
Washington and Lee Law Review Online
Systemic racism in policing allows police officers, in particular white men, to continue to perpetuate the violent killings of Black people. This violence is not accidental. Rather it is intentional and allowed to continue due to a failure by the Supreme Court to hold police officers accountable. This Article explains how the doctrines of qualified immunity, willful intent, and objective reasonableness, as condoned by the Court, allow police officers to “get away with murder.”
Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum
Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum
Washington and Lee Journal of Civil Rights and Social Justice
This Article addresses the role that racial disparities—specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight sentencing and other criminal …