Law Enforcement and Corrections Commons^™

The Solitary Confinement Crisis In Immigration Detention, Sabrineh Ardalan, Arevik Avedian, Philip L. Torrey

Nevada Law Journal

No abstract provided.

The Equal Protection-Fourth Amendment Shell Game: An Essay On The Limited Reach Of The 2023 Affirmative Action Cases, The Fourth Amendment, And Race Beyond Skin Color, David B. Owens

Articles

In striking down race-conscious admissions at Harvard and the University of North Carolina, the Supreme Court used lofty rhetoric about the importance of ending race discrimination, even calling the command of Equal Protection “universal.” In two ways, this Essay explores the legal and practical limits of the affirmative action cases and illustrates how the Court’s claimed concern about race discrimination rings hollow. First, this Essay discusses state actors permitted to use race in their decision-making: the police. Unlike elite universities whose policies are subject to exacting scrutiny, the Supreme Court permits police to use race when deciding whom to seize …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Replacement Opening Brief For Plaintiff-Appellant Mona Salcida Murillo, Elise Chigier, Bilal Mubarack, Daniel Siemers, Erin Hunter, Madeline H. Meth

Faculty Scholarship

When Mona Murillo tried to assert her rights to be free from sex discrimination and physical threats from prison officials at Salinas Valley State Prison (SVSP), those officials conspired to punish her and obstruct her efforts to remedy these harms. Murillo is a transgender woman who, while incarcerated at SVSP, repeatedly complained about unsafe working conditions (created and maintained because of her sex) and sex-based harassment perpetrated by Defendants Lopez, Garcia, Lepe, and Castillo. In return, Murillo was subjected to threats, fabricated disciplinary charges, and deliberate efforts to deny her access to necessary work gear by these same Defendants and …

Booked Or Buried In Texas: Risk Factors For Prebooking Suicide And Homicide Deaths Of Individuals With Sex Offenses, Nicole Moreira

Clinical Psychology Dissertations

Preventable deaths during law enforcement encounters, particularly those violent in nature, such as suicide and homicide deaths, are of considerable public concern. Prebooking, the law enforcement custody stage that includes arrest, serving warrants, wellness checks, traffic stops is often the most dangerous and fatal stage of custody. Despite being the most potentially dangerous and unpredictable of any custody stage, prebooking remains grossly understudied in comparison to jail and prison research, underscoring the need for focused research. To address this gap, the present study examines risk factors for suicide and homicide deaths among individuals with sex-related offenses during prebooking custody. Individuals …

Reimagining Law Enforcement Communication With The Black Deaf Community, Jeanelle Francis

Undergraduate University Honors Capstones

Law enforcement’s relationship with the Deaf community, particularly the African American/Black Deaf population, has historically been tense, leading to wrongful arrests, police brutality, and even fatalities. This capstone project examines the barriers to effective interaction between law enforcement and the Deaf community, specifically in first-encounter situations, highlighting the Black Deaf experience. Past research has addressed the language barriers that Deaf individuals face in situations such as traffic stops and legal proceedings. However, it rarely examines the specific experiences of Deaf Black/African American families impacted by police-induced trauma caused by an unfair power dynamic. This project is an exploratory study to …

What’S In A Name? How The Eleventh Circuit Ignored The Fourth Amendment To Hold That A Warrant For One Person Authorizes The Detention Of Others, Jared Mcclain, Dylan Moore

University of Miami Law Review

Odds are, your name isn’t all that unique. Most people share the same first and last name with hundreds, if not thousands, of other Americans. The frequency with which people share a name raises an important question of civil rights: What happens when officers arrest and detain an innocent person based on an arrest warrant that was issued for someone else with the same name?

In the Eleventh Circuit, the answer is almost always “nothing.” So long as a mistaken detention lasts three days or fewer, officers are free from accountability for apprehending the innocent—even if those officers have good …

"Significant Bodily Intrusions": Investigations Into Law Enforcement Phlebotomy, Anne Kathleen Johnson

Dissertations and Theses

This three-paper dissertation explores law enforcement phlebotomy, the ability of law enforcement officers to draw blood. Phlebotomy is both a ubiquitous, invasive diagnostic tool as well as a social site with complex relational dynamics at play between phlebotomist and patient. Through law enforcement phlebotomy, the blood draw is co-opted from the medical field into the policing field, and the normative framework through which it is used changes: whereas medical edicts instruct providers to work with patients through an ethics of care--respecting consent and refusal--policing is not similarly bound, instead operating through a prioritization of security and efficiency. In the articles …

Search And Seizure, Daniel G. Lilley

Maine Law Review

Search and Seizure, authored by Colorado Judge Edward C. Fisher, is a book of better than 300 pages which purports to be a recent survey of the law dedicated to "peace officers of America." The foreword states that it is written for law enforcement officers and is a ready reference for attorneys, judges, and others concerned with the administration of criminal justice. The book is clearly written. It tells police officers how to conduct searches and seizures and it tells them why restrictions are imposed. Where there is still conflict and doubt, it gives the officer some "safe" approaches to …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …