Volume 63
Issue
2

(Mis)judging Suspicion

by Sherri Lee Keene
Twenty-five years ago, the Supreme Court decided Illinois v. Wardlow, a Fourth Amendment case that allowed the high-crime nature of a location to be considered in determinations of whether there was reasonable suspicion to support a police stop. In making these determinations, courts rarely acknowledge the role that race can play in decisions that factor […]

The Second Look Movement and Reducing Mass Incarceration

by Bidish J. Sarma and Sophie Cull 
Mass incarceration in the United States has been driven largely by increasingly long sentences, particularly for individuals convicted of violent offenses. A major obstacle to reversing this trend is the widespread belief that these sentences cannot be revisited. While there has been a growing recognition across political and ideological lines that far too many people […]

Big Box Carceralism

by Quinn Yeargain
If you believe major retailers, the United States is in the midst of a national shoplifting crime wave. Violent gangs rob big box stores, mom-and-pop stores, and pharmacies alike, and in the process, pilfer millions of dollars’ worth of merchandise, resell it through online marketplaces, and use their illicit proceeds to fund international terrorist organizations […]

The Constitutional Demand for Evidentiary Asymmetry to Protect the Accused

by Lily Braafladt
Evidence law’s ultimate purpose is to maximize accurate fact-finding. To encourage accuracy, evidence rules are typically applied symmetrically to both parties, allocating the risk of error equally. To prevent errors, the rules exclude relevant evidence when deemed “unreliable.” Trial judges are granted significant discretion to decide whether certain evidence is “reliable” or not. Admitting only […]

Using Disparate-Impact Theory Under the Fair Housing Act to Address Aggressive Policing Tactics in New York City Public Housing Communities

by Madeline Brown
This Note will suggest bringing a Fair Housing Act (“FHA”) disparate-impact claim to combat aggressive policing practices in New York City Public Housing Authority (“NYCHA”) communities. Part I will explore the relationship between policing and public housing communities in New York. It will examine how police officers use high-crime doctrine and trespass law to justify […]