Conversations about police use of force have peaked in recent years as social movements and the increased visibility of police killings have led to demands for change and accountability. Unfortunately, criminal prosecutions are rare, which has led victims and their families to seek justice through civil actions. 42 U.S.C. § 1983 is the most common legal vehicle to do this and allows people who have suffered violations of their constitutional rights to seek and receive money for the harm done to them.

In this Essay, I situate front-end solutions in relation to the sorts of back-end accountability-type proposals I offer in Shielded and considering how to prioritize among the seemingly unending swirl of possibilities, suggestions, and demands about how to move forward.

This piece suggests that a simple evidentiary tweak can help bring discretionary immigration decision-making back in line with the “fundamental norms . . . that animate the rest of our legal system.”

The problems of racialized policing have come into renewed focus over the past decade. Even after the mobilization of one of the largest racial justice movements in American history, transformative change remains elusive. This Article offers an answer to this puzzle by foregrounding White people’s collective relationship with policing and describing how this relationship colors current debates on how to best address policing’s racial disparities.

This Article offers a critique of the major questions doctrine from a different angle. It primarily contends that the reasons the Supreme Court has given for enforcing the doctrine do not withstand scrutiny, even on their own terms.

Drawing inspiration from Professor Henry Hart’s work The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, the Essay presents a fictional conversation between two federal courts professors. This dialogue explores the implications of abolitionism and “non-reformist reform” in a legal doctrinal context.

Berkeley Law’s symposium, “Section 1983 and Police Use of Force: Building a Civil Justice Framework,” asked: “How do we reform the law in light of what we know?” This Essay offers three responses.

This Article begins a new conversation about debt and debt policy, one that interrogates debt policy’s racialized effects on physical mobility, freedom, and personhood.

This Note uses the history of eugenics and state-sanctioned reproductive oppression to show that abortion is not “a tool of modern-day eugenics,” as conservatives inaccurately proclaim. Adopting a reproductive justice framework is necessary to realize true reproductive freedom.

While still an emerging area of scholarship, a growing body of research suggests that police contact, in its multiple forms, is linked to adverse physical and mental health consequences. These consequences affect not only the individuals who experience direct contact with law enforcement but also their families and communities. We move beyond describing direct linkages between policing practices and immediate bodily harm to considering the ways in which multiple forms of police contact can harm families and communities.

Scholars have recently criticized Fourth Amendment pretext doctrine for leading to more police contact with Black and Brown people and thus to racially disproportionate uses of excessive force. This Essay reveals the intersection of the Court’s pretext and excessive force doctrines by unearthing their shared roots in the 1973 United States v. Robinson search-incident-to-arrest opinion.