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Sitting One Out: Strategic Recusal on the Supreme Court
In a time of constitutional hardball, the Supreme Court’s quorum requirement raises the questions of how and whether a tactic of strategic recusal—or “sitting out”—can be effectively employed by a four-Justice minority and whether utilizing such a tactic would be appropriate…
The Quasi-Army: Law Enforcement, Value Judgments, and the Posse Comitatus Act
By unleashing military tactics and weapons onto American streets, police departments around the country are violating a value that traces its intellectual roots to the very founding of our country and which has been crystallized in statute for well over a century.
Watch Where You Walk: Law Enforcement Surveillance and Protester Privacy
Law enforcement has a responsibility to facilitate the rights of civilians, including the First Amendment right to peaceful protest—not to quash expression of those rights. Those who protest and advocate for equality and justice should not have to risk being the victim of the extensive reach of the state while merely exercising their constitutionally mandated rights…
When the Cure Is Worse Than the Disease
The dirty little secret of the juvenile delinquency system—or what its apologists insist on calling the juvenile “justice” system—is not actually particularly secret. In study after study, independent researchers arrive at the same, discomfiting conclusion: the delinquency system fails at its core function of preventing youth who have committed crimes from doing it again. This sobering conclusion is one that bears repeating—the very system tasked with rehabilitating our youth is actually doing exactly the opposite…
The Troubling Alliance Between Feminism and Policing
Recently, White women have placed their bodies between riot officers and Blacks Lives Matter protesters, capitalizing on their privileged position with police. But once the protests end, it is likely fearful women will continue to reflexively call the cops, and police departments will continue to tout their role as women’s protectors. The time to end the feminist-police alliance is now…