Excessive Force in Prison
Excessive Force in Prison Any time a correctional officer (CO) physically assaults someone in prison, their conduct demands an especially compelling justification and robust ex post scrutiny. Instead, governing Eighth…
Rubbing Salt into the Wound: Environmental Injustices in Prisons and the Difficulties of Obtaining Relief
Rubbing Salt into the Wound: Environmental Injustices in Prisons and the Difficulties of Obtaining Relief American prisons are often built near or on environmentally hazardous lands. Not only do prison…
Beyond Bars: Exploring Alternative Possibilities to Address Sexual and Gender Based Violence
Beyond Bars: Exploring Alternative Possibilities to Address Sexual and Gender Based Violence Many people agree that the United States carceral system is flawed. However, it can be difficult to discuss…
Law in Inaction: The Origins and Implications of Chronic Drug Law Underenforcement in One Southern County
Law in Inaction: The Origins and Implications of Chronic Drug Law Underenforcement in One Southern County Common accounts of police and prosecutorial nonenforcement discretion tend to valorize individual declination choices…
Police Diversity Theory
Police Diversity Theory In light of both the tragic death of Tyre Nichols in Memphis at the hands of black police officers and the mixed results of studies of Black…
Abolition of What?
Abolition of What? This Article defends a structural theory of the brutality of the carceral state. We argue that American penal systems are destined to be inhumane, barring sweeping changes…
The Arrival of the Ultimate Disillusionment: The Right to a Jury Should be Recognized in the Juvenile Court System
The Arrival of the Ultimate Disillusionment: The Right to a Jury Should be Recognized in the Juvenile Court System The American juvenile court system does not recognize a right to…
A New Theory of Gun Control: A Federal Regulatory Blueprint to Hold America’s Firearms Industry Accountable for Mass Shootings
A New Theory of Gun Control: A Federal Regulatory Blueprint to Hold America's Firearms Industry Accountable for Mass Shootings Commerce in Arms Act (PLCAA) into law, granting the firearms industry…
Does a Lawyer Make a Difference? A Study on the Sentencing of Death-Eligible Drug Offenders in China
Does a Lawyer Make a Difference? A Study on the Sentencing of Death-Eligible Drug Offenders in China Does legal representation affect critical judicial decisions? This Article highlights a paradox at…
Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution
Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution In this essay, we update and expand David Baldus’s famous study of Georgia homicides in…
The Brady Database
The Brady Database The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to…
Rethinking the “No-Duty Rule: How DeShaney Can Be Reformed to Enable Objective, Coherent Analysis and Protection for More Victims of Crime
Rethinking the "No-Duty Rule: How DeShaney Can Be Reformed to Enable Objective, Coherent Analysis and Protection for More Victims of Crime “Failure-to-protect” cases, situations in which crime victims do not…