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New Federalism and Civil Rights Enforcement, 2021 Copyright 2021 by Alexander Reinert, Joanna C. Schwartz & James E. Pfander Printed in U.S.A. Vol. 116, No. 3 NEW FEDERALISM AND CIVIL RIGHTS ENFORCEMENT Alexander Reinert, Joanna C. Schwartz & James E. Pfander ABSTRACT—Calls for change to the infrastructure of civil rights …
Publication • 2021
Filed under: Hate Crimes
Stanford Law School, Exploring Alternative Approaches to Hate Crimes, 2021 Exploring Alternative Approaches to Hate Crimes A collaborative report by: StanfordLawSchool Law and Policy Lab BRENNAN CENTER FOR JUSTICE IINYU ILAW June 2021 ACKNOWLEDGMENTS This publication is a joint report of the Stanford Law School Policy Lab on Assessing Alternative …
Article • May 15, 2021 • from CLN June, 2021
Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reaffirmed that State v. Workman, 584 P.2d 382 (Wash. 1978), provides the appropriate test in determining whether a defendant is entitled to a lesser …
Article • March 15, 2021 • from CLN April, 2021
D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer by David Reutter by David M. Reutter Having a fall partner presents many hazards when faced with law enforcement interrogations or during court proceedings. One of those hazards is when the Government offers a plea bargain that …
Article • February 15, 2021 • from CLN March, 2021
Qualified Immunity - A Legal, Practical, and Moral Failure by Jay Schweikert by Jay Schweikert, Cato Institute, September 14, 2020 Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to …
Article • January 15, 2021 • from CLN February, 2021
California Law Enforcement Strikes Out in 2020 Elections by Kevin Bliss by Kevin Bliss The 2020 elections saw California police unions losing a lot of ground in their battle to hold power over a more liberal state perspective to criminal justice reform. Historically, law enforcement unions have been a powerful …
Publication • January 6, 2021
The Walworth County Jail Meets TLC - And Loss The Walworth County Jail Meets TLC - And Loses Bill Trine, Faculty Emeritus T his is an inspiring story of how two TLC lawyers used the discovery obtained during the representation of an individual client to then file a class action …
Article • October 15, 2020 • from CLN November, 2020
Campaign Zero Advocates for Police Accountability by Jayson Hawkins by Jayson Hawkins In most states across America, an employee can be fired at any time for any reason. Only Montana provides some protection after six months on the job; otherwise, employment in America is an “at will” affair. Unless, of …
Article • October 15, 2020 • from CLN November, 2020
Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It by Anthony Accurso In a recent decision dismissing a defendant’s lawsuit against a police officer on the basis of qualified immunity, Judge Carlton Reeves of Mississippi filed a 72-page opinion that challenges the morality of the doctrine of qualified …
Article • October 15, 2020 • from CLN November, 2020
Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in their role as “community …
Article • October 15, 2020 • from CLN November, 2020
Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In the summer of 2020, a summer of discontent, a summer rife with pandemic lockdowns and street protests, the Georgia Legislature chose not to address the unrest and …
Brief • September 23, 2020
Alvarez v. DuPage County Sheriff, IL, Settlement,EEOC, 2020 REL• ASE AND S , 'fTLEMENT A REEMENT THIS RELEASE AND SETTLEMENT AGREEMENT (hereinafter, "AGREEMENT'') is made by and between Lissette Alvarez (hereinafter, "ALVAREZ"), Terry Heady of Law Office of Terry Heady (hereinafter, "HEADY"), Alvarez's attomey, and DUPAGE COUNY SHERIFF James Mendrick …
Article • September 15, 2020 • from CLN October, 2020
New Colorado Law Kills Qualified Immunity for Cops by Dale Chappell by Dale Chappell Colorado became the first state to pass a law prohibiting law enforcement officers from invoking qualified immunity as a defense when they’re accused in a lawsuit of violating a citizen’s civil rights. Hopefully, the law passed …
Article • August 15, 2020 • from CLN September, 2020
The Lunacy of Qualified Immunity by Edward Lyon by Ed Lyon The entire premise underlying punishment is that the person being punished knew what they did was wrong before they acted but did the action anyway. If the person lacked the requisite knowledge of right and wrong, then they may …
Article • July 15, 2020 • from CLN August, 2020
New York Police Act With Impunity During Protests by Kevin Bliss by Kevin Bliss Critics say the New York City Police Department (“NYPD”) is responding to protestors of George Floyd’s May 25, 2020, death with increased violence and no fear of repercussion. Accusations have been made of beatings, pepper spraying, …
Article • June 15, 2020 • from CLN July, 2020
California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision by David Reutter by David M. Reutter The U.S. District Court for the Northern District of California rejected the plea agreement that required the defendant to waive his right to seek compassionate relief unless he exhausted all administrative rights …
Publication • 2020
Filed under: Hate Crimes
New York University Law Review, Revisiting Hate Crimes Enhancements in the Shadow of Mass Incarceration, 2020 SINNARCOLGAN-FIN.DOCX(DO NOT DELETE) 9/11/20 4:50 PM REVISITING HATE CRIMES ENHANCEMENTS IN THE SHADOW OF MASS INCARCERATION SHIRIN SINNAR† & BETH A. COLGAN‡ Although civil rights advocates have largely supported hate crimes laws over the …
Publication • 2020
Stanford Law Review-The Myth of Personal Liability, March 2020 Stanford Law Review Volume 72 March 2020 ARTICLE The Myth of Personal Liability: Who Pays When Bivens Claims Succeed James E. Pfander, Alexander A. Reinert & Joanna C. Schwartz* Abstract. In Bivens v. Six Unknown Named Agents, the Supreme Court held …
Circle Bear v. Milbrandt, SD, Settlement, Wrongful Death, 2020 FULL AND FINAL RELEASE I, personal in David R. consideration Dollars Gienapp, representative of the ($750,000.00), payments as set of forth the Public Assurance Alliance, Management, Employers of which Public Mutual is estate Entity Seven of to the for the future …
Cordova v. Lea County Detention Center, NM, Settlement, Failure to Protect, 2020
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