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When Handcuffs Replace Detention Slips: Reducing the Criminalization of Students by Filling in Gaps in Fourth Amendment Doctrine
No full textThe presence of School Resource Officers (SROs) in today’s schools puts students at risk of being arrested for a variety of non-dangerous behaviors that schools would otherwise address through the school discipline process. This issue disproportionately affects students of color, and their interactions with SROs detract from their education and harm their futures. Current doctrine makes it extremely difficult for students to challenge school-based arrests and their disparate racial impact. Many experts call for schools to eliminate SRO programs, but this is unlikely to happen in the near future. Therefore, solutions that mitigate the negative effects of these programs are essential. Unanswered questions in Fourth Amendment doctrine provide opportunities to strengthen protections for students––courts currently lack consensus on what standard applies to searches conducted by SROs and how to determine whether a student has validly consented to a search by an SRO. This Article proposes answers to these questions that would reduce the incidence of school-based arrests and help students who are unjustly arrested to prevail in court. It will first explore the negative impacts of SRO programs and the ways in which the law fails to vindicate students’ rights. Then, it will propose two additions to Fourth Amendment doctrine: i) applying a probable cause standard to searches of students by SROs and ii) applying a presumption that a student did not validly consent to a search by an SRO
Caged Birds and Those that Hear Their Songs: Effects of Race and Sex in South Carolina Parole Hearings
No full textWhen most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons with excellent records and reentry plans are denied parole every year. Why? The actual variables that influence parole board decision making are often a mystery; parole rejections are left unexplained or opaque. Empirical research examining what drives parole outcomes is scarce, yet this research is necessary given the power the parole boards have in determining the actual amount of time served in prison.
In this Article, we examined the influence of institutional variables (those related to a person’s behavior while incarcerated) and noninstitutional variables on parole hearing outcomes in South Carolina. We predicted that institutional variables, such as the conviction of additional crimes during incarceration, would predict parole outcomes, but we also predicted that noninstitutional variables which may cue characteristics such as dangerousness (e.g., the nature of the offense), regardless of relevance to a person’s rehabilitation, would also predict parole outcomes. We analyzed the outcomes of all (43,290) parole board hearings from 2006 to 2016 and examined the influence of variables such as a person’s race, biological sex, age at the time of the first offense, time served, conviction of another offense while incarcerated, sex offender status, and number of felonies.
Our results confirmed our hypotheses: although institutional variables, such as being convicted of another crime while incarcerated, influenced parole outcomes, several noninstitutional variables, particularly those which may cue dangerousness, were also significant. The most alarming results were those concerning race and biological sex. The parole board was significantly less likely to grant parole to incarcerated men compared to women and to Black people compared to white people. Further, there was a significant interaction between sex and race such that Black men were least likely to be granted parole, whereas white women were the most likely to be granted parole. In addition to the above results, the number of convictions and the severity of the crimes a person was convicted of were associated with significantly lower likelihood of being granted parole. Additional research highlighting the specific roles that noninstitutional variables should play in parole hearings is warranted, if only to root out undesirable effects on a critical aspect of the criminal justice system
Readout of White House Meeting on Competition Policy and Artificial Intelligence
No full textA press release documenting a meeting with senior Biden administration officials on competition policy and artificial intelligence
Limitations and Exceptions in the WIPO Instrument on Genetic Resources and Associated Traditional Knowledge
No full textOne of the hot topics in the World Intellectual Property Organization (WIPO) diplomatic conference on an instrument on “Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources” is whether and what exceptions language should be included in the text. At the brief public report from Committee I on May 15, 2024, the Chair reported: “There appears to be adequate support for eliminating Article 4, limitations and exceptions. Some parties opposed.” This Blog provides some background information on the Article and analysis of potentially applicable models and concepts for the provision, including analysis of similar treaties with no exceptions
Terrorism Should Not Be a Crime: How Political Labels Are Dangerous to American Democracy
No full textThis Note calls for a dismantling of the United States’ current method of prosecuting terrorism, rejecting the “terrorism” label as a mechanism for charging crimes. Prosecutors should instead charge individuals in terrorism cases for their underlying criminal actions rather than rely on material support statutes and political innuendos to secure a conviction. By examining the implications of the terrorism label in post-9/11 America, this Note addresses how a moral panic enabled the executive branch to overstep its constitutional restraints and threatened the delicate balance of powers central to American democracy. Next, it proposes, as many have before, that Article III courts are the most adept forum to prosecute crimes relating to terrorism. However, the way they do so should be depoliticized and focus on substantive crimes, rather than offenses political in nature. Lastly, it addresses how nationwide hysteria surrounding “terrorism” gives rise to increased Islamophobia and intolerance, thus becoming a de facto campaign against Muslim Americans
Like, Comment, and Follow: How to Amend Copyright Law to Protect Black TikTokers
No full textThe Black community has long suffered through a cycle of trauma and pain, with history repeating itself throughout generations. From the civil rights movement to the Black Lives Matter movement, this cycle persists, showing up again in the experiences of Black TikTokers. Despite looking race-neutral on its face, copyright law’s lack of understanding of how Black art can manifest itself has become more obvious in the world of digital creativity. Stuck in a cycle of appropriation, Black TikTokers find themselves facing a familiar dilemma as their work is replicated without compensation or credit, echoing the historical struggles of Black musicians. This Article analyzes how copyright law fails to protect choreographic works, leaving Black TikTokers with no adequate legal solution. Looking through a critical IP lens, this Article proposes recommendations to better protect the creative works of Black TikTokers. Through these recommendations, this Paper aims to offer hope and tangible solutions to address the systemic challenges facing Black creators in this digital age
