University of Michigan Law School
Civil Rights Litigation Clearinghouse

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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Protecting the Rights of DACA Recipients as Persons Residing Under Color of Law in New York
CUNY L. Rev. F.
Date: Winter 2018
By: Janet Calvo (CUNY School of Law Law Student)
21 CUNY L. Rev. F. 1-18
While the future immigration status of those who enrolled in DACA, Deferred Action for Childhood Arrivals, is uncertain, they should remain eligible for both professional licensing and Medicaid in New York as they continue to be PRUCOL, permanently residing under color of law, whether or not DACA ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
No Confidence: Confidentiality, Ethics and the Law of Academic Privilege
Comm. L. & Pol'y
Date: 06/10/2016
By: Eric Robinson
21 Comm. L. & Pol'y 323-381
The law recognizes several evidentiary privileges, including a qualified privilege recognized by statute or court precedent in forty-eight states and several federal circuits that allows journalists to protect confidential sources. Meanwhile, ethical practices for social science surveys require ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
The Force and the Resistance: Why Changing the Police Force is Neither Inevitable, Nor Impossible
U. Pa. J.L. & Soc. Change
Date: 2017
By: Ryan Cohen (Harvard Law School Law Student)
20 U. Pa. J.L. & Soc. Change 105-123
Studies show that people can evolve and, when they do, their evolution happens in a patterned and replicable way. Organizations, which are created, directed, and made up of people, are no different. Indeed, organizational psychology and change-management theory-embraced in the business sector-shed ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Interpreting Injustice: The Department of Homeland Security's Failure to Comply with Federal Language Access Requirements in Immigration Detention
Harv. Latino L. Rev.
Date: April 2017
By: Katherine Beck
20 Harv. Latino L. Rev. 15-50
This Comment analyzes how DHS and ICE are noncompliant with federal language access policy, EO 13166, and Title VI. In Part II, I provide a background legal framework on language access and national origin discrimination and put immigration detention into that context. In Part I, I analyze how DHS ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
"A House Divided": A Response to Professor Abbe Smith's In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects
U. Pa. J.L. & Soc. Change
Date: 2011
By: W. Tucker Carrington (University of Mississippi School of Law Faculty)
15 U. Pa. J.L. & Soc. Change 1-24
Professor Smith begins her article by immediately conceding that there is now little debate about the impact of innocence work. She readily acknowledges the power of DNA evidence to free the wrongly convicted and, in the process, to raise serious questions about certain fundamental conceptions in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Supermax Administration and the Eighth Amendment: Deference, Discretion and Double Bunking
U.C. Irvine L. Rev.
Date: 2015
By: Keramet Reiter (University of California Irvine School of Law Faculty)
5 U.C. Irvine L. Rev. 89-150
This Article explores the constitutionality of supermax prisons, focusing on one of the earliest and largest supermaxes in the United States, California's Pelican Bay State Prison, and one of the first court cases to consider supermax constitutionality, Madrid v. Gomez. Although international human ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
An Impossible Standard: The California Parole Board Process for Inmates with Cognitive Impairments
S. Cal. L. Rev.
Date: 2018
By: Amber Heron (University of Southern California Gould School of Law Law Student)
91 S. Cal. L. Rev. 990-1019
This Note argues that reform must come from re-envisioning the manner in which the parole process is administered and by applying a truly individualized approach. To be clear, the legal standard of current dangerousness is not at issue; it is the process by which the parole board determines a given ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Formal Marriage
St. Louis L.J.
Date: 2016
By: Jeffery Redding (Saint Louis University School of Law Law Student)
60 St. Louis L.J. 671-693
This Article aims to account for the emerging constitutional and legal
concern with paper forms, especially in the context of marriage rights in the United States. The goal of this Article's exploration of "formal marriage" is twofold, namely to explain how it is that marriage rights in the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Erasing Presence Through Reasonable Suspicion: Terry and its Progeny as a Vehicle for State Immigration Enforcement
Idaho L. Rev.
Date: 2018
By: Naomi Doraisamy (University of Idaho College of Law Law Student)
54 Idaho L. Rev. 410-466
This Article examines the long shadow cast on local policing by Terry v.
Ohio, tracing the impact of Terry's progeny on state legislative campaigns focused on immigration enforcement. The policing tools afforded by Terry's progeny have an unmistakable presence-deterring effect on communities ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Polycentricity and Queue Jumping in Public Law Remedies: A Two-Track Response
Univ. of Toronto L.J.
Date: Winter 2016
By: Kent Roach (University of Toronto Law Faculty)
66 Univ. of Toronto L.J. 3-52
This article examines complex public law remedies in light of Lon Fuller’s famous critique that courts are ill-equipped to deal with polycentric or multifaceted issues and the related critique that remedies for health care and other socio-economic rights result in queue jumping. Most contemporary ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Taking Sex Discrimination Seriously
Denv. U. L. Rev.
Date: 2015
By: Vicki Schultz (Yale Law School Faculty)
91 Denv. U. L. Rev. 995-1120
The fiftieth anniversary of Title VII's ban on sex discrimination provides an occasion to reflect on its successes and failures in achieving workplace sex equality. Although considerable progress has occurred, advances have been both uneven and unsteady. This Article shows that a primary limit on ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
The Health of Undocumented Mexicans in New York City
Chicana/o-Latina/o L. Rev.
Date: 2013
By: Gerald P. Lopez (UCLA School of Law Faculty)
32 Chicana/o-Latina/o L. Rev. 1-250
In this Article, Professor Gerald P Lopez analyzes how this study - more accurately, the effort of which the study is a part - aims at once to close two gaps: the gap between what we now know and what we might learn about the health of undocumented Mexicans in New York City, and the gap between ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Immigrant Covering
Wm. & Mary L. Rev.
Date: 2017
By: Stella Burch Elias (University of Iowa College of Law Faculty)
58 Wm. & Mary L. Rev. 765-856
Over the last ten years there has been a marked shift in U.S. immigration law away from reliance upon statutory authorization and regulatory provisions to subregulatory or "liminal" rules and discretionary decision-making. This trend is apparent in both federal immigration law and in state and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
There's No Place like Home: Realizing the Vision of Community-Based Mental Health Treatment for Children
DePaul L. Rev.
Date: 2012
By: Yael Zakai Cannon (University of New Mexico School of Law Faculty)
61 DePaul L. Rev. 1049-1128
This Article argues that local and state public agencies often fail to comply with their duties and fulfill the aims of these federal regimes, leading to unnecessary institutionalization of youth. This Article expands the analysis of the legal systems affecting at-risk youth by looking at them ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Anti-Gay Curriculum Laws
Colum. L. Rev.
Date: 2017
By: Clifford Rosky (University of Utah S.J. Quinney College of Law Faculty)
117 Colum. L. Rev. 1461-1542
Since the Supreme Court's invalidation of anti-gay marriage laws,
scholars and advocates have been debating the LGBT movement's near-
term strategies and priorities. This Article joins that conversation by de-
veloping the framework for a national campaign to repeal or invalidate ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Challenges Facing LGBTQ Youth
Geo. J. Gender & L.
Date: 2017
By: Mudasar Khan, Kelly McLaughlin, Peter Mezey & Daniel Robertson
18 Geo. J. Gender & L. 475-536
This Article will discuss the myriad of challenges faced by lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth in the United States. The Article will focus on issues faced by LGBTQ youth in school as well as the issues faced by families with LGBTQ children, including increased risk ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 16, 2020
Workers, Dignity and Equitable Tolling
Nw. U. J. Int'l Hum. Rts.
Date: 2017
By: Diane Rudolph (Harvard Law School Faculty)
15 Nw. U. J. Int'l Hum. Rts. 126-167
The argument proceeds in four parts. In Part I, for the non-specialist the article provides an overview of how workers bring employment discrimination lawsuits in the United States and at which points they may encounter delays. The process is far from intuitive. Its complexities present multiple ...
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ARTICLES THAT USE THE CLEARINGHOUSE
January 8, 2020
Racial Classification and Ascriptive Injury
Wash. U. L. Rev.
Date: 2014
By: Paul Gowder (University of Iowa Faculty)
92 Wash. U. L. Rev. 325-396
This Article describes a new model of the relationship between racial
ascriptions on an individual level, private racial bias, social disadvantage,
and state action, called the cognitive hierarchical model. It argues that
racial hierarchy in the wider culture affects our ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Civil Redress and Historical Memory Act of 2029: A Legislative Proposal
U. Mich. J.L. Reform
Date: Fall 2017
By: William J. Aceves (California Western School of Law Faculty)
51 U. Mich. J.L. Reform 163-240
This Article offers a legislative proposal based on the Civil Liberties Act of 1988, which Congress adopted to address the discrimination and detention of Japanese Americans during the Second World War. Based on this historical analog, this Article proposes the adoption of the Civil Redress and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Copwatching
Calif. L. Rev.
Date: 2016
By: Jocelyn Simonson (Brooklyn Law School Faculty)
104 Calif. L. Rev. 391-446
This Article explores the phenomenon of organized copwatching-groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police. The Article ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Principled Policing: Warrior Cops and Guardian Officers
Wake Forest L. Rev.
Date: 2016
By: Seth W. Stoughton (University of South Carolina School of Law Faculty)
51 Wake Forest L. Rev. 611-676
This article contends that a more fundamental reform is necessary: the core principles of policing need to be adjusted to change how officers view their job and their relationship with the community. Law enforcement has long taken great pride in its adherence to a Warrior ethos, which emphasizes ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Stops and Stares: Street Stops, Surveillance and Race in the New Policing
Fordham Urb. L.J.
Date: 2016
By: Jeffrey Fagan, Anthony A. Braga, Rod K Brunson, April Pattavmna (Columbia University Law School Faculty)
43 Fordham Urb. L.J. 539-614
This article examines racial disparities under a unique configuration of the street stop prong of the "new policing"-the inclusion of non-contact observations (or surveillances) in the field interrogation and observation activity of Boston Police Department officers. The authors show that Boston ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Class Action Myopia
Duke L.J.
Date: February 2016
By: Maureen Carroll (UCLA School of Law Law Student)
65 Duke L.J. 843-908
Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief. This Article argues that the myopic focus on the aggregated- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Border Wall Foundations
Williamette L. Rev.
Date: 2018
By: F. Cartwright Weiland
54 Williamette L. Rev. 427-494 2018
This article examines law and history related to President Donald Trump's "border wall, " and Mexico's alleged financial responsibility for the wall's construction. It argues that two classical texts provide a useful framing for the supplementary role Mexico - and Mexican law plays in achieving US ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Right To Be Rescued: Disability Justice in an Age of Disaster
Yale L.J.
Date: 2015
By: Adrien A. Weibgen (Yale Law School Law Student)
124 Yale L.J. 2406-2469
This Note explores the legal responsibilities that local governments have toward marginalized communities in a time of crisis and argues that people with disabilities (PWDs) have a "right to be rescued": a legal right to have their unique needs accounted for and addressed in emergency planning ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Alone and Unrepresented: A Call to Congress to Provide Counsel for Unaccompanied Minors
Harv. J. on Legis.
Date: 2013
By: Shani M. King (University of Florida Levin College of Law Faculty)
50 Harv. J. on Legis. 331-384
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Wash. U. L. Rev.
Date: 2018
By: Jennifer Lee Koh (Western State College of Law Faculty)
96 Wash. U. L. Rev. 337-394
This Article is the first to consider the interplay of expedited removal and
reinstatement. It traces the operation of the two removal processes, both
independently and in combination with each other. It emphasizes the harsh statutory bars on judicial and habeas review, and the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
Overseeing Agency Enforcement
Geo. Wash. L. Rev.
Date: 2016
By: Rachel E. Barkow (NYU School of Law Faculty)
84 Geo. Wash. L. Rev. 1129-1186
A big part of what agencies do-indeed, the core of their executive
power-is law enforcement. Whether it is a statute or an agency regulation, agencies make sure that individuals and entities comply with the law. In the case of some agencies, such as prosecutors' offices or police departments, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
The Intersection of Law, Policy, and Police Body-Worn Cameras: An Exploration of Critical Issues
N.C. L. Rev.
Date: 2018
By: Michael D. White, Henry F. Fradella (Arizona State University Faculty)
96 N.C. L. Rev. 1579-1638
Police body-worn cameras ("BWCs") have diffused rapidly among U.S. law enforcement, in part because of early studies which suggested that the technology could produce important outcomes for police and their communities. The potential for BWCs to produce positive outcomes is affected by a wide range ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 15, 2019
"Amorphous Federalism" and the Supreme Court's Marriage Cases
Loy. L.A. L. Rev.
Date: 2014
By: David B. Cruz (University of Southern California Gould School of Law Faculty)
47 Loy. L.A. L. Rev. 393-450
This Article addresses the U.S. Supreme Court's decisions in
Hollingsworth v. Perry and United States v. Windsor, the two cases in
the October 2012 Term that took up issues of marriage rights of same-
sex couples. After Part I of the Article provides a brief Introduction, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The Right Choice for Elections: How Choice Voting will End Gerrymandering and Expand Minority Voting Rights, from City Councils to Congress
U. Rich. L. Rev.
Date: 2013
By: Rob Richie, Andrew Spencer (Haverford College, University of Arizona School of Law Faculty)
47 U. Rich. L. Rev. 959-1014
This article recommends a different approach, grounded in replacing winner-take-all voting rules with choice voting, both as a generally applied voting method and as a preferred remedy in Voting Rights Act cases. In Section I, it reviews the major winner-take-all methods for electing legislative ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Federal Civil Litigation as an Instrument of Police Reform: A Natural Experiment Exploring the Effects of the Floyd Ruling on Stop-and-Frisk Activities in New York City
Ohio St. J. Crim.
Date: 2016
By: Michael D. White, Henry F. Fradella, Weston J. Morrow, Doug Mellom (Arizona State University, Arizona State University, University of Nevada, Arizona State University Faculty)
14 Ohio St. J. Crim. L. 9-66
Stop-and-frisk has emerged as a popular crime control tactic in
American policing. Though stop-and-frisk has a long, established legal
history, the recent experiences in many jurisdictions demonstrate a
strong disconnect between principle and practice. Arguably, stop-and- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
There's No Place like Home: Reshaping Community Interventions and Policies to Eliminate Environmental Hazards and Improve Population Health for Low-Income and Minority Communities
Harv. L & Pol'y Rev.
Date: 2018
By: Emily A. Benfer, Allyson E. Gold (George Washington University Law School Faculty)
11 Harv. L & Pol'y Rev. S1
In recent years, local governments across the country have passed crime free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
One-Strike 2.0: How Local Governments Are Distorting a Flawed Federal Eviction Law
UCLA L. Rev
Date: 2018
By: Kathryn V. Ramsey (George Washington Law School Faculty)
65 UCLA L. Rev. 1146-1199
In recent years, local governments across the country have passed crime-free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Sexual Abuse in California Prisons: How the California Rape Shield Fails the Most Vulnerable Populations
UCLA Women's L.J.
Date: 2014
By: Tasha Hill (University of California Los Angeles School of Law Law Student)
21 UCLA Women's L.J. 89-143
Primarily, the author argues that the rape shield exclusion is unconstitu-
tional under the Equal Protection Clause of the Fourteenth Amend-
ment, since there is no rational basis for the exclusion. Additionally,
while the California rape shield exclusion is not mentioned specif- ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The Importance of the Political in Immigration Federalism
Ariz. St. L.J.
Date: Jan. 31, 2013
By: S. Karthick Ramakrishnan, Pratheepan Gulasekaram (University of California, Santa Clara University School of Law Faculty)
44 Ariz. St. L.J. 1431-1488
This Article provides a systematic, empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. It also proffers a novel theory to explain the proliferation of these ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Fixing Deference in Youth Crimmigration Cases
N.M. L. Rev.
Date: Summer 2018
By: Esther K. Hong
48 N.M. L. Rev. 330-372
This Article focuses on another type of judicial deference-one that has not yet been addressed by scholars. It has a significant impact on immigration cases involving noncitizen minors and young adults, referred to collectively in this Article as "noncitizen youth," who have state offense findings ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Is Integration a Discriminatory Purpose?
Iowa L. Rev.
Date: 2011
By: Michelle Adams (Yeshiva University Cardozo School of Law Faculty)
96 Iowa L. Rev. 837-884
Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes-for the very first time-government action taken to avoid disparate-impact liability and to integrate the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Gideon Incarcerated: Access to Counsel in Pretrial Detention
U.C. Irvine L. Rev.
Date: 2018
By: Johanna Kalb (Loyola University New Orleans College of Law Faculty)
9 U.C. Irvine L. Rev. 101-140
This Article traces the hidden ways in which mass incarceration has worked to thwart Gideon's promise, both in fact and in law, for incarcerated criminal defendants. It then proposes possibilities for reinvigorating the Sixth Amendment's protections, through intersecting strategies for regulation ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Detaining Families: A Study of Asylum Adjudication in Family Detention
Calif. L. Rev.
Date: 2018
By: Ingrid Eagly, Steven Shafer, Jana Whalley (UCLA School of Law, Faculty)
106 Calif. L. Rev. 785-868
This Article presents the findings of the first national study of the practice of detaining families as they pursue relief in United States immigration courts. The records the authors analyze were obtained from the Executive Office for Immigration Review (EOIR), the division of the Department of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
How Mainstream Reformers Design Ambitious Reentry Programs Doomed to Fail and Destined to Reinforce Targeted Mass Incarceration and Social Control
Hastings Race & Pov. L.J.
Date: 2014
By: Gerald P. Lopez (UCLA School of Law Faculty)
11 Hastings Race & Pov. L.J. 1-110
Ambitious reentry programs always have been the right and the wise thing to do. That is true, whether you regard yourself as hugely in favor of the "get tough on crime" (and its "War on Drugs") or hugely opposed. Among most militant opponents, and emphatically in my own view, reentry has always ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Policing Through an American Prism
Yale L.J.
Date: 2017
By: Debo P. Adegbile
126 Yale L.J. 2222-[ix]
Policing practices in America are under scrutiny. Video clips, protests, and media coverage bring attention and a sense of urgency to fatal police civilian incidents that are often accompanied by broader calls for reform. Tensions often run high after officer involved shootings of unarmed civilians, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
The IDEA of an Adequate Education for All: Ensuring Success for Incarcerated Youth with Disabilities
J.L. & Educ.
Date: 2013
By: Jennifer A. L. Sheldon-Sherman
42 J.L. & Educ. 227-274
This article focuses on the education of youth with disabilities in the juvenile justice system, with particular emphasis on the role of litigation in reforming educational services for incarcerated youth. Through an analysis of California's response to the Farrell v. Tilton litigation," this ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 11, 2019
Governing the American Police: Wrestling with the Problems of Democracy
U. Chi. Legal F.
Date: 2016
By: Samuel Walker (University of Nebraska at Omaha Faculty)
2016 U. Chi. Legal F. 615-660
This Article argues that the central problem of governing the police is that we suffer not from a lack of democratic control, but from a rather well functioning process of democratic governance in the pursuit of the wrong values. The democratic ideal of policing is that law enforcement agencies ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Reviving the Carefully Limited Exception: From Jail to GPS Bail
Faulkner L. Rev.
Date: 2013
By: Alexis Causey
5 Faulkner L. Rev. 59-114
California's prisons are grossly overcrowded, violating the United States Constitution.' To solve this problem, the California Legislature passed the Public Safety Realignment Act, Assembly Bill 109. The Act aims to decrease prison populations by sending non-violent, non-serious, and non-sex ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Access to Justice for Asylum Seekers: Developing an Effective Model of Holistic Asylum Representation
U. Mich. J.L. Reform
Date: 2015
By: Sabrineh Ardalan (Harvard Law School Faculty)
48 U. Mich. J.L. Reform 1001-1038
The United States does not guarantee asylum seekers the help of an advocate or a lawyer. This fact alone presents a serious barrier to access to justice given the complexities of the U.S. asylum system. A national study found that fewer than forty percent of immigrants facing removal were ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
Government Access to and Manipulation of Social Media: Legal and Policy Challenges
How. L.J.
Date: 2018
By: Rachel Levinson-Waldman (New York University School of Law Faculty)
61 How. L.J. 523-562
This essay highlights issues arising from law enforcement's use of social media for a range of purposes; analyzes the legal framework that governs its use; and proposes basic principles to govern law enforcement's access to social media in order to ensure transparency and safeguard individuals' ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 9, 2019
The Union of Contraceptive Services and the Affordable Care Act Gives Birth to First Amendment Concerns
Alb. L.J. Sci. & Tech.
Date: 2013
By: Evelyn M. Tenenbaum (Albany Law School Faculty)
23 Alb. L.J. Sci. & Tech. 539-580
In the Patient Protection and Affordable Care Act (ACA), the Obama Administration attempted to deal with the underutilization of preventive services by requiring that some of these services be provided free of charge. In implementing the Act, the Department of Health and Human Services (HHS) ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
From Mass Incarceration to Mass Control, and Back Again: How Bipartisan Criminal Justice Reform May Lead to a for-Profit Nightmare
U. Pa. J.L. & Soc. Change
Date: 2017
By: Carl Takei (National Prison Project of the American Civil Liberties Union (ACLU) Faculty)
20 U. Pa. J.L. & Soc. Change 125-183
Since 2010, advocates on the right and left have increasingly allied to denounce mass incarceration and propose serious reductions in the use of prisons. This alliance serves useful shared purposes, but each side comes to it with distinct and in many ways incompatible long-term interests. If ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes for Community Uses
Am. U. L. Rev.
Date: 2015
By: Valerie Schneider (Howard University School of Law Faculty)
65 Am. U. L. Rev. 399-434
In urban cores, abandoned, bank-owned, foreclosed homes attract crime, drain value from neighboring properties, and deplete the resources of municipalities, creating economic black holes in communities. Groups of activists affiliated with the Occupy Our Homes movement have been working to undo the ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beyond Deliberate Indifference: Improving Jail Health Care with False Claims Acts
Va. J. Soc. Pol'y & L.
Date: 2017
By: Nina Goepfert (University of Virginia School of Law Law Student)
25 Va. J. Soc. Pol'y & L. 123-157
Over 11 million people are admitted into U.S. jails annually. Every year countless men and women die in jail before they are convicted of any crime because health care providers neglect their medical needs. Jail health care is a frequent and worthy subjection of litigation. Section 1983 has ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Policing Black Residents as Nuisances: Why Selective Nuisance Law Enforcement Violates the Fair Housing Act
Harv. J. Racial & Ethnic Just.
Date: 2018
By: Rachel Smith
34 Harv. J. Racial & Ethnic Just. 87-116
Across the county, cities and suburbs especially those with increasing minority populations are passing 'crime-free' housing laws and other broad new nuisance laws that give police unprecedented discretion to compel evictions. Towns are also discriminatorily enforcing existing nuisance laws, which ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Future of the Fourth Amendment: The Problem with Privacy, Poverty and Policing
U. Md. L.J. Race, Religion, Gender & Class
Date: 2014
By: Kami Chavis Simmons (Wake Forest University School of Law Faculty)
14 U. Md. L.J. Race, Religion, Gender & Class 240-272
For decades, the reasonable expectation of privacy has been the
primary standard by which courts have determined whether a “search”
has occurred within the meaning of the Fourth Amendment. The
Supreme Court’s recent decision in U.S. v. Jones, however, has
reinvigorated ...
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ARTICLES THAT USE THE CLEARINGHOUSE
December 8, 2019
Beginning to End Racial Profiling: Definitive Solutions to an Elusive Problem
Wash. & Lee J. Civil Rts. & Soc. Just.
Date: 03/18/2011
By: Kami Chavis Simmons (Wake Forest University Law School Faculty)
18 Wash. & Lee J. Civil Rts. & Soc. Just. 25-54
Undoubtedly, the pernicious practice of racial profiling, or at least the
perception that this practice occurs, has caused many citizens to alter their routine to avoid the indignity of yet another police stop. Unfortunately, there is a growing body of evidence that suggests that the ...
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November 21, 2019
Post-Racial Proxies: Resurgent State an Local Anti-Alien Laws and Unity-Rebuilding Frames for Antidiscrimination Values
Cardozo L. Rev.
Date: 07/30/2010
By: Mary D. Fan (University of Washington School of Law Faculty)
32 Cardozo L. Rev. 905-946
Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating ...
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November 21, 2019
De-Policing
Cornell L. Rev.
Date: March 2017
By: Stephen Rushin & Griffin Edwards (University of Illinois College of Law Faculty)
102 Cornell L. Rev. 721-782
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of ...
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November 18, 2019
National Security, Immigration and the Muslim Bans
Washington and Lee Law Review
Date: Summer 2018
By: Shoba Sivaprasad Wadhia (Penn State Law, University Park)
75 Wash. & Lee L. Rev. 1475-1506
National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake ...
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November 18, 2019
The Legal Impact of Emerging Governance Models on Public Education and Its Office Holders
The Urban Lawyer (American Bar Association)
Date: 2013
By: Robert A. Jr. Garda & David S. Doty (Loyola University of New Orleans College of Law)
45 Urb. Law. 21-50
The idea that changing the formal structure of governance can lead to better schools is rooted in American political and intellectual history. Politicians, career educators, parents, business leaders, and investors continue to wrangle over the control of public schools all across the country. With ...
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November 18, 2019
Sua Sponte Actions in the Appellate Courts: The Gorilla Rule Revisited
Bowen Law Repository: Scholarship & Archives
Date: 2016
By: Ronald J. Offenkrantz & Aaron S. Lichter (University of Arkansas at Little Rock William H. Bowen School of Law)
17 J. App. Prac. & Process 113-140
This article builds on prior scholarship by arguing that allowing an appellate court to reach out and grant relief not requested, based on arguments not made, both disserves the litigants and exercises a power that appellate courts should be loath to use, and by focusing attention on recent cases ...
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November 18, 2019
Wal-Mart Matters
Wake Forest Law Review
Date: 2011
By: Lesley Wexler (University of Illinois College of Law)
46 Wake Forest L. Rev. 95-121
Wal-Mart is the largest private employer in the United States, with more than one million current employees. Its employment practices directly affect over one percent of the American workforce. Moreover, other retailers often strive to replicate Wal-Mart’s practices. If employment discrimination ...
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November 18, 2019
Feminism and the (Trans)gender Entrapment of Gender Nonconforming Prisoners
University of California, Los Angeles
Date: Winter 2012
By: Julia C. Oparah (University of California, Los Angeles - Women's Law Journal)
18 UCLA Women's L.J. 239-271
This article explores the challenges for feminism presented by Bakari’s experiences of gender violence in and out of the prison system. Beginning in the midst of the second wave women’s liberation movement, feminist scholars in the U.S., U.K. and Canada began to critique what they named “ ...
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November 18, 2019
Case Refusal: A Duty for a Public Defender and a Remedy for All of a Public Defender's Clients
Washington University Law Review
Date: 2017
By: Stephen F. Hanlon (University of Washington School of Law)
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness among them. All of these arguments are based on the idea that a public defender elects to labor under an excessive caseload ...
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November 18, 2019
Discriminatory Effects of Credit Scoring on Communities of Color
Suffolk University Law Review
Date: 2013
By: Lisa Rice & Deidre Swesnik (Suffolk University Law School)
46 Suffolk U. L. Rev. 935-966
This Article focuses primarily on the use of credit scores by lenders, not other industries. It provides an abbreviated overview of other critical issues facing consumers in regard to credit scoring and reporting. These issues are significant and help to demonstrate the urgent need to reform this ...
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November 18, 2019
Caged in: The Devastating Harms of Solitary Confinement on Prisoners with Physical Disabilities,
American Civil Liberties Union
Date: January 2017
By: Jamelia N. Morgan (University of Connecticut School of Law)
24 Buff. Hum. Rts. L. Rev. 81-177
This report draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoner rights’ advocates, medical experts, legal scholars, and correctional officials and examines the conditions of confinement, harms, and challenges facing ...
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November 18, 2019
Bars to Justice: The Impact of Rape Myths on Women in Prison
Georgetown Journal of Gender and the Law
Date: 2016
By: Hannah Brenner et al. (California Western School of Law)
17 Geo. J. Gender & L. 521-573
This article stems from a National Science Foundation-funded interdisciplinary research project that addresses a major gap in understanding the reporting of sexual victimization in prison and the confluence of factors that contribute to the ineffectiveness of internal laws and policies. As a basis ...
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November 18, 2019
Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time
Michigan Journal of Race & Law
Date: Spring 2017
By: Abed Ayoub & Khaled Beydoun (American Arab Anti-Discrimination Committee)
22 Mich. J. Race & L. 215-241
On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from ...
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November 18, 2019
Puerto Ricans: The Inequality of Equals through Time
Revista Juridica de la Universidad Interamericana de Puerto Rico
Date: 2015
By: Rene Pinto-Lugo (Universidad Interamericana de Puerto Rico)
50 Rev. Juridica U. Inter. P.R. 153-169
Since 1901, a series of United States Supreme Court decisions known as the Insular Cases, reflect the interpretation, at different times after the U.S. occupation of Puerto Rico in 1898, of the extent to which the Constitution of the United States applies to its possessions/territories. Essentially, ...
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November 18, 2019
The Cities, Government, Law, and Civil Society
Florida State University Law Review
Date: 2018
By: Heidi Li Feldman (Georgetown University Law Center )
45 Fla. St. U. L. Rev. 615-640
Cities often exemplify how government and law can enable civil society and all those encompassed by it. They show how government can promote and amplify collective action, not only at the local level but even at the international one. In the United States today, governments can and do provide ...
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November 18, 2019
Cosmopolitan Democracy and the Detention of Immigrant Families
University of Miami School of Law Institutional Repository
Date: 2017
By: Rebecca Sharpless (University of Miami School of Law)
47 N.M. L. Rev. 19-63
This Article employs the cosmopolitan political theory of Seyla Benhabib as a framework for understanding the U.S. government’s shifting decisions about family detention and immigration policy more generally. Although Benhabib is a leading political theorist, few have used her work to analyze ...
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November 18, 2019
Race, Policing, and Technology
North Carolina Law Review
Date: May 2017
By: I. Bennett Capers (University of North Carolina School of Law)
95 N.C. L. Rev. 1241-1292
This Essay argues that if we truly care about making policing egalitarian and fair to everyone, then that could mean more policing, not less. It advocates harnessing technology, including surveillance technology, to help deracialize policing. This turn to technology will not be cost free. Indeed, ...
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November 18, 2019
Aging Injucntions and the Legacy of Institutional Reform Litigation
Vanderbilt Law Review
Date: January 2017
By: Jason Parkin (Vanderbilt University Law School)
70 Vand. L. Rev. 167
Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court’s ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing ...
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November 18, 2019
The Failure of Education Federalism
University of Michigan Journal of Law Reform
Date: 2017
By: Kristi L. Bowman (Michigan State University College of Law)
51 U. Mich. J.L. Reform 1
Since the Great Recession of 2007–09, states have devoted even less money to public education and state courts have become even more hostile to structural reform litigation that has sought to challenge education funding and quality. Yet the current model of education federalism (dual federalism) ...
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November 18, 2019
Series on Solitary Confinement & the Eighth Amendment: Article I of III
University of Pennsylvania Journal of Constitutional Law
Date: February 2019
By: Andrew Leon Hanna (University of Pennsylvania Law School)
21 U. Pa. J. Const. L. Online 1-22
Federal district courts have in recent years shown an increased willingness to question solitary confinement’s permissibility under the Eighth Amendment’s ban on cruel and unusual punishment, starting with particularly harsh forms of confinement against particularly vulnerable groups of people ...
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November 18, 2019
Epiphenomenal Indigent Defense
Missouri Law Review
Date: Summer 2010
By: Darryl K. Brown (University of Missouri School of Law)
75 Mo. L. Rev. 907-930
There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently ...
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November 18, 2019
Judges Need to Exercise Their Responsibility to Require That Eligible Defendants Have Lawyers
Hofstra Law Review
Date: 2017
By: Robert C. Boruchowitz (Seattle University School of Law)
46 Hofstra L. Rev. 35-62
There are many courts in the United States, particularly misdemeanor courts, in which accused persons appear and often plead guilty without ever receiving the advice of counsel, even when they are eligible for a public defender. In various states, between twenty-five and sixty-eight percent of the ...
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November 18, 2019
Profiling, Information Collection and the Value of Rights Argument
Washington Law Review
Date: February 2003
By: Alan Rubel (University of Washington School of Law)
32 Crim. Just. Ethics 210-230
In the United States and elsewhere, there is substantial controversy regarding the use of race and ethnicity by police in determining whom to stop, question, and investigate in relation to crime and security issues. In the ethics literature, the debate about profiling largely focuses on the nature ...
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November 18, 2019
Kim Davis and the Quest for a Judicial Accommodation
Faulkner Law Review
Date: Fall 2015
By: Jeffrey B. Hammond (Thomas Goode Jones School of Law)
7 Faulkner L. Rev. 105-128
The Kim Davis case was the subject of the foregoing presentation at the Faulkner Law Review Symposium on October 16, 2015. Events subsequent to the Symposium have changed the tenor of the remarks set forth below. Late in 2015, Matt Bevin was sworn in as the new governor of the Commonwealth of ...
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November 18, 2019
Gideon's Ghost: Providing the Sixth Amendment Right to Counsel in Times of Budgetary Crisis
Michigan State Law Review
Date: 2010
By: Heather Baxter (Michigan State University College of Law)
2010 Mich. St. L. Rev. 341
This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent ...
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November 18, 2019
Racism in the Credit Card Industry
North Carolina Law Review
Date: 05/01/2017
By: Andrea Freeman (University of North Carolina School of Law)
95 N.C. L. Rev. 1071-1160
In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit ...
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November 18, 2019
Postscript to Hobby Lobby: Prescription for Accommodation or Overdose
DePaul Journal of Women, Gender and the Law
Date: Spring 2016
By: Paula Walter (DePaul University College of Law)
5 DePaul J. Women Gender & L. 1-23
The debate in Congress, preceding the passage of the Patient Protection and Affordable Care Act (ACA), unfurled an inquiry into the nature of healthcare in the United States and the role of the government in its delivery. The ACA was enacted into law in 2010 without Republican congressional ...
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November 18, 2019
Sexual Violence as an Occupational Hazard & Condition of Confinement in the Closed Institutional Systems of the Military and Detention
Pepperdine Law Review
Date: 2017
By: Hannah Brenner, Kathleen Darcy & Sheryl Kubiak (Pepperdine School of Law)
44 Pepp. L. Rev. 881-956
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid ...
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November 17, 2019
Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking
University of California, Los Angeles Law Review
Date: 04/28/2010
By: Joanna C. Schwartz (University of California, Los Angeles School of Law)
57 UCLA L. Rev. 1023-1094
Judicial and scholarly descriptions of the deterrent power of civil rights damages actions rely heavily on the assumption that government officials have enough information about lawsuits alleging police officer misconduct that they can weigh the costs and benefits of maintaining the status quo. But ...
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November 17, 2019
State Constitutional Challenges to Indigent Defense Systems
Missouri Law Review
Date: Summer 2010
By: Stephen F. Hanlon (University of Missouri School of Law)
75 Mo. L. Rev. 751-769
For many years, the primary vehicle that advocates used to protect the fundamental right of the accused to the effective assistance of counsel was the Sixth Amendment to the United States Constitution, as incorporated to the states by the Fourteenth Amendment. For some time, most obviously during ...
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November 17, 2019
Crazy in Alabama: Judicial Process and the Last Stand against Marriage Equality in the Land of George Wallace
Northwestern University Law Review
Date: 07/12/2015
By: Howard M. Wasserman (Northwestern Pritzker School of Law)
110 Nw. U. L. Rev. Online 1-17
On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the Fourteenth Amendment. In hindsight, the decision seems inevitable, the culmination of a precisely two-year race towards marriage equality that began with the ...
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November 17, 2019
Vetting Refugees: Is Our Screening Process Adequate, Humane, and Culturally Appropriate
The Federal Lawyer
Date: 05/03/2017
By: Sabrineh Ardalan (Federal Bar Association)
64 Fed. Law. 56-65
This article first provides a brief history of this country’s long-standing commitment to refugee protection. Next, it describes the legal standard applied in determining whether an individual is eligible for refugee protection, including bars to protection under U.S. law. The article then ...
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November 17, 2019
Traces of the Slave Patrol: Notes on Breed-Specific Legislation
Drexel Law Review
Date: 2018
By: P. Khalil Saucier (Drexel University Thomas R. Kline School of Law)
10 Drexel L. Rev. 673-693
This Article explores the ways in which antiblackness haunts nationwide breed-specific legislation of today. Dogs have long featured as a constitutive element in the antiblack dynamics of police power. Central to slave patrols of the past, dogs remain essential to current law enforcement practices ...
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November 17, 2019
Police Union Contracts
Duke Law Journal
Date: 2017
By: Stephen Rushin (Duke University School of Law)
66 Duke L.J. 1191-1266
This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like ...
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November 17, 2019
From Selma to Ferguson: The Voting Rights Act as a Blueprint for Police Reform
Search Results Featured snippet from the web Image result for california law review scholarship.law.berkeley.edu The California Law Review
Date: April 2017
By: Jason Mazzone & Stephen Rushin (University of California, Berkeley, School of Law)
105 Calif. L. Rev. 263-334
The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities ...
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November 17, 2019
Evaluating Section 14141: An Empirical Review of Pattern or Practice Police Misconduct Reform
Ohio State Journal of Criminal Law
Date: 2016
By: Joshua Chanin (Ohio State University Moritz College of Law)
14 Ohio St. J. Crim. L. 67-112
Section 14141 of the Violent Crime Act of 1994 fundamentally restructures the regulation of police behavior in the United States. Since the law’s passage, dozens of police departments have undergone lengthy and complex reforms designed to eliminate a pattern or practice of misconduct. Despite the ...
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November 17, 2019
Fifty Years since Passage of the Fair Housing Act: Rent-To-Income Ratios in the Persistence of Residential Racial Segregation in Chicago
Search Results Web Result with Site Links The John Marshall Law Review
Date: Spring 2018
By: Amanda Insalaco (University of Illinois at Chicago John Marshall Law School)
51 J. Marshall L. Rev. 551-588
A vast discrepancy exists between instances of discrimination and the number of discrimination suits brought. Thus, this comment argues for policy changes to facilitate increased disparate impact litigation under the FHA and local and state ordinances, as well as the adoption of methods to ...
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November 17, 2019
Section 8 Is the New N-Word: Policing Integration in the Age of Black Mobility
Washington University Journal of Law & Policy
Date: 2016
By: Norrinda Brown Hayat (University of the District of Columbia)
51 Wash. U. J.L. & Pol'y 61-93
This Article addresses the concept of black mobility within the context of Section 8 housing vouchers. Hayat explores the rise of racially coded language and its impact on racially discriminatory housing measures, highlighting the intersectionality between narratives of black criminality and the ...
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November 17, 2019
The Comparative Outputs of Magistrate Judges
Nevada Law Journal
Date: 09/26/2016
By: Christina L. Boyd (University of Nevada, Las Vegas - William S. Boyd School of Law)
16 Nev. L.J. 949-982
Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, ...
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November 17, 2019
Honoring and Celebrating Myrna Raeder
Southwestern Law Review
Date: 04/13/2017
By: Brett Dignam (Southwestern Law School)
44 Sw. L. Rev. 496-507
Homage to the life and career of feminist legal scholar, Myrna Raeder. Concentration on Raeder's advocacy for women and survivors of sexual violence in the criminal justice system. *
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November 17, 2019
Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0)
Georgetown Immigration Law Journal
Date: Spring 2017
By: Eunice Lee (Georgetown University Law School)
31 Geo. Immigr. L.J. 459-524
This article explores the tension between Executive Orders No. 13,769 and No. 13,780—colloquially known as “travel ban” 1.0 and 2.0—and the deep non-discrimination norms in refugee and asylum law. I engage in a close read of the legislative history of the Refugee Act of 1980; analyze the 195 ...
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November 17, 2019
Another Bite out of Katz: Foreign Intelligence Surveillance and the Incidental Overhear Doctrine
American Criminal Law Review
Date: Winter 2018
By: Elizabeth Goitein (Georgetown University Law Center)
55 Am. Crim. L. Rev. 105-125
Although the “reasonable expectation of privacy” test set forth in Katz represented a historic expansion of the Fourth Amendment’s right to privacy, it has few defenders among privacy scholars today. It is vulnerable to critique on a number of fronts: it is circular and gives courts little ...
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November 17, 2019
Public Defense Litigation: An Overview
Indiana Law Review
Date: 2018
By: Lauren Sudeall Lucas (Indiana University Maurer School of Law)
51 Ind. L. Rev. 89-110
The focus of this short Article is on how the courts can address and have addressed the failings of underfunded and structurally flawed indigent defense systems. More specifically, it explores lawsuits that identify systemic failures—such as underfunding, excessive caseloads, and inadequate ...
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November 17, 2019
Crafting Complaints and Settlements in Child Welfare Litigation
University of Pennsylvania Journal of Law and Social Change
Date: 2018
By: Zach Strassburger (University of Pennsylvania Law School)
21 U. Pa. J.L. & Soc. 219-265
Despite widespread criticism in legal scholarship bemoaning the inadequacies of institutional reform litigation, class-action lawsuits from public interest legal organizations have been the major driver of comprehensive child welfare reform over the past forty years. These legal claims are chaotic, ...
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November 17, 2019
Trends in Prisoner Litigation, as the PLRA Enters Adulthood
University of Michigan Law School Scholarship Repository
Date: 2015
By: Margo Schlanger (University of Michigan Law School Faculty)
5 UC Irvine L. Rev. 153-178
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined ...
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November 17, 2019
Stealth Advocacy Can (Sometimes) Change the World
Michigan Law Review
Date: 2015
By: Margo Schlanger (University of Michigan Law School Faculty)
113 Mich. L. Rev. 897-916
Part I of this Review addresses the parenting-equality case study. I summarize Gash’s account and add to it the cautionary tale of the 2002 failure of stealth parenting-equality advocacy in Michigan. Part II addresses, more briefly, Gash’s group-home study. In Part III, I put Gash’s ...
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November 16, 2019
Examining the Role of Healthcare Professionals in the Use of Solitary Confinement
Criminal Justice and Health Program, University of California, San Francisco, Department of Medicine
Date: 10/24/2017
By: Cyrus Ahalt, Alex Rothman & Brie A. Williams (University of California, San Francisco)
359 BMJ 1-4
Prison healthcare professionals work in a unique clinical environment designed to punish rather than to heal.123 Amid global calls for penal reform, healthcare professionals have an ethical responsibility4 to speak out about correctional practices that endanger health and human rights.5 We examine ...
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November 16, 2019
No Longer a Child: Juvenile Incarceration in America
Capital University Law Review
Date: 2011
By: Carlyn Bohland (Capital University Law School)
39 Cap. U. L. Rev. 193-230
The first section of this note provides a brief history of the juvenile justice system including its creation, changes since its inception, and the modem practices of the juvenile court. This section discusses the original and modem goals of juvenile justice, the differences between juveniles and ...
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November 14, 2019
Pocketing a Pretty Penny: Sexual Victimization, Human Rights, and Private Contractors in the U.S. Immigration Detention System
University of Detroit Mercy Law Review
Date: Fall 2011
By: Grace Trueman (University of Detroit Mercy School of Law)
89 U. Det. Mercy L. Rev. 339-368
Aliens held in the U.S. immigration detention system experience
sexual victimization from both fellow detainees and detention facility
employees. The extent of such abuse is unknown due to discretionary
reporting requirements and fear amongst the detainees. However,
graphic ...
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November 14, 2019
Rethinking Immigration Detention
Social Science Research Network
Date: 07/01/2010
By: Anil Kalhan (Drexel University Earle Mack School of Law)
110 Colum. L. Rev. Sidebar 42-58
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have ...
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November 14, 2019
There are Two Sides to Every Story: Collaboration between Advocates and Defenders in Achieving Systemic Juvenile Justice Reform
Penn Law: Legal Scholarship Repository
Date: 04/30/2012
By: R. Daniel Okonkwo & Dylan Nicole De Kervor (University of Pennsylvania Law School)
15 U. Pa. J.L. & Soc. Change 435-454
This article challenges juvenile defenders to participate in the growing demand for holistic reforms in the broader juvenile justice system. In order to achieve long lasting results for their clients, juvenile defenders are challenged to build their knowledge and awareness of juvenile justice ...
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November 12, 2019
Reforming Stop-and-Frisk
Criminology Crim. Just. L & Soc'y
Date: 2017
By: Henry F. Fradella & Michael D. White (Arizona State University Faculty)
18 Criminology Crim. Just. L & Soc'y, 45-64
Although stop-and-frisk has a long history as a policing tactic rooted in particularized, reasonable suspicion of criminal activity, several U.S. jurisdictions morphed stop-and-frisk into a broad and sometimes aggressive crime control strategy. The recent experiences in many jurisdictions ...
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November 12, 2019
The Detainment of Families: Moral Implications Lacking in Legal Justifications
DePaul J. Soc. Just.
Date: 05/28/2016
By: Stephanie Costa
11 DePaul J. Soc. Just., 1-26
This paper contends that the three family detention facilities — South Texas Family Residential Center in Dilley, Texas, Karnes County Residential Center in Karnes City, Texas, and Berks County Family Residential Center in Leesport, Pennsylvania — are operating in violation of the Flores ...
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November 12, 2019
The Constitutional Law of Incarceration, Reconfigured
Cornell L. Rev.
Date: January 2018
By: Margo Schlanger (University of Michigan Law School Faculty)
103 Cornell L. Rev., 357-436
Part I begins with a doctrinal history; prisoners’ rights precedents are unfamiliar to many, and the author summarizes the pre-Kingsley Supreme Court case law as it evolved over time. Even for those conversant with recent prisoners’ rights cases, the 1980s/90s doctrinal shift the author ...
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November 12, 2019
Juvenile Solitary Confinement: A Breach of International Law and Domestic Public Policy
Trinity L. Rev.
Date: Fall 2017
By: Karen DeSoto (New Jersey City University School of Business Faculty)
23, Trinity L. Rev., 1-8
In part I of this paper the author explores the history and development of solitary confinement. In part II the author discusses existing efforts to curb or ban juvenile solitary confinement. In part III the author reviews the international human rights standards for the treatment of juvenile ...
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November 12, 2019
What Is a Church: Implied Consent and the Contraception Mandate
J. Contemp. Legal Issues
Date: 2013
By: Michael A. Helfand (Pepperdine University School of Law Faculty)
21 J. Contemp. Legal Issues, 401-426
This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
America's Conscience: The Rise of Civil Society Groups under President Trump
UCLA L. Rev.
Date: 09/30/2018
By: Matthew R. Segal
65 UCLA L. Rev., 1574-1589
Civil society groups have grown under the presidency of Donald Trump, and their new strength carries both opportunity and risk. The Trump administration has fueled these groups; its harsh and discriminatory policies have diminished the government’s integrity and constrained government lawyers to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Keeping the Mentally Ill out of Jail: Sheriffs as Litigants
Alb. Gov't L. Rev
Date: 05/01/2015
By: Mary Zdanowicz
8 Alb. Gov't L. Rev., 536-562
In March 2014, Congress convened a hearing titled “Where Have All the Patients Gone? Examining the Psychiatric Bed Shortage.” Cook County Sheriff Tom Dart testified “[s]ince becoming Sheriff in 2006, I have seen an explosion in the percentage of seriously mentally ill individuals housed in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
Am. Crim. L. Rev.
Date: 2010
By: Margo Schlanger (University of Michigan Faculty)
47 Am. Crim. L. Rev. 1421-1440
Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
For the Good of the Group: Using Class Actions and Impact Litigation to Turn Child Welfare Policy into Practice in Illinois
Child. Legal Rts. J.
Date: 2017
By: Emma McMullen (Loyola University Chicago School of Law Law Student)
37 Child. Legal Rts. J.236-252
This article will provide a brief history of the child welfare system nationally and within the state of Illinois. It will examine child welfare class action and impact litigation as an alternative to traditional legislative policy change in Illinois, focusing on four major efforts for reform: The ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Influence of Government Defenders on Affirmative Civil Rights Enforcement
Fordham L. Rev.
Date: 2018
By: Alexander A. Reinert (Benjamin N. Cardozo School of Law of Yeshiva University Faculty)
86 Fordham L. Rev. 2181-2198
The focus of this brief Article will be on a conundrum, particularly in the area of civil rights enforcement: the federal government—in particular the DOJ—can be one of the most efficient and powerful vindicators of civil rights, while at the same time one of the most effective advocates for ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Intelligence Legalism and the National Security Agency's Civil Liberties Gap
Harv. Nat'l Sec. J.
Date: 2015
By: Margo Schlanger (University of Michigan Faculty)
6 Harv. Nat'l Sec. J. 112-205
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Current Developments in the Executive Branch: Sanctuary Cities under the Trump Administration, the Frontlines of the Battle for Immigration
Geo. Immigr. L.J.
Date: Spring 2017
By: Ahmad Al-Dahani (Georgetown University Law Center Law Student)
31 Geo. Immigr. L.J. 665-674
“Sanctuary cities” is a subject of intense political and legal disagreement in the United States. It refers to jurisdictions that implement policies limiting cooperation between local officials and federal immigration authorities.“[N]early 300 jurisdictions as well as the states of Colorado, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
Wash. U.L. Rev.
Date: 2014
By: Margo Schlanger (University of Michigan Faculty)
91 Wash. U.L. Rev. 1519-1590
In 2011, the United States Supreme Court struck down a class action suit alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions, making it more difficult to obtain certification of private employment discrimination class actions. As a result, the role of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
How the ADA Regulates and Restricts Solitary Confinements for People with Mental Disabilities
Advance
Date: May 2016
By: Margo Schlanger (The University of Michigan Faculty)
10 Advance 39-56
In this Issue Brief, the author argues that solitary confinement of prisoners with mental illness or intellectual disabilities frequently constitutes disability discrimination, challengeable under Title II of the ADA6 and the Rehabilitation Act7 —federal statutes that proscribe discrimination on ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 25, 2019
Anti-Incarcerative Remedies for Illegal Conditions of Confinement
U. Miami Race & Soc. Just. L. Rev.
Date: Summer 2016
By: Margo Schlanger (University of Michigan Faculty)
6 U. Miami Race & Soc. Just. L. Rev. 1-30 (2016)
Well over half of American prisoners have symptoms of mental illness. And the most recent thorough analysis found that an astounding 15% of state prisoners and 24% of jail inmates "reported symptoms that met the criteria for a psychotic disorder." In addition, 4 to 10% prisoners have a serious ...
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