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Full-Text Articles in Social and Behavioral Sciences
Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun
Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.
Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway
Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …
Implicit Bias: Racism Without Racist, Genesis Draper
Implicit Bias: Racism Without Racist, Genesis Draper
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Implicit bias is something that everyone has but many cannot identify within themselves. Judge Draper draws on caselaw, research, and anecdotes from her own career to demonstrate the ways that implicit bias can impede equitable and just court experiences for all. She argues for the importance of more diverse juries, implicit bias instruction early in the proceedings, and the use of Batson as remedies to counteract bias.
Investigating Officer Involved Shootings: Don’T Ignore The Evidence, Michael Maloney
Investigating Officer Involved Shootings: Don’T Ignore The Evidence, Michael Maloney
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
This presentation sheds light on a part of officer involved shootings not always discussed at a legal symposium: the potential bias that emerges at a crime scene during an investigation. The speaker explores the evidentiary challenges associated with an officer involved shooting, and describes the reconstruction project that he led as a consultant during the investigation and trial of off-duty police officer Amber Guyger, who was convicted of the murder of Botham Jean.
(Un)Qualified Immunity: An Analysis On Qualified Immunity And Civilian Sentiments, Guy Hodge Ii
(Un)Qualified Immunity: An Analysis On Qualified Immunity And Civilian Sentiments, Guy Hodge Ii
Electronic Theses and Dissertations
Recent events involving the deaths of unarmed, African American citizens have brought forth an increased attention to the application of qualified immunity to law enforcement. This study aims to gain a civilian perspective on qualified immunity. Qualified immunity, as defined by the Supreme Court case Harlow v. Fitzgerald, 457 U.S. 800 (1982), grants government officials performing discretionary functions immunity from civil suits unless the plaintiff shows that the official violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Through a national-level survey, this study captures an overall favorability of qualified immunity as well as …