Jun 19
Vol.
40
Issue 4

Article

Are Police Obsolete? Breaking Cycles of Violence Through Abolition Democracy

There is a pressing need for alternatives to policing, but to meet that need, we must also lower the perceived need for police themselves. This may mean decriminalizing some or all drugs and re-framing addiction as a public health issue. It may mean intervening in cycles of violence through strategic work informed by epidemiology.

by V. Noah Gimbel & Craig Muhammad

Article

Pretext and Justification: Republicanism, Policing, and Race

This Article reveals why policing reform cannot be achieved by piecemeal alteration of case law or even by focusing on doctrinal law alone. First, the Article makes clear why the racial harms of contemporary policing are borne by individual persons of color, unravel communities of color, and change the very social meaning of race.

by Ekow N. Yankah

Article

Defending White Space

Self-defense evolved to protect the right of White men to defend their bodies, homes, families, and honor. Against this tilted backdrop, state legislatures strengthened and expanded the private right of self-defense by adding presumptions that relax its basic substantive requirements and alter the common law procedural approach to insulate more cases from judicial scrutiny.

by Addie C. Rolnick

Student Note

Re-Examining Custody and Incarceration Requirements in Postconviction DNA Testing Statutes

Removing incarceration requirements from PC DNA statutes would increase access to justice while likely implicating none of the rationales often espoused for limiting the availability of PC DNA testing: state repose, victim closure, and judicial or prosecutorial costs. In fact, it may actually save jurisdictions money to remove exonerees from state sex offender registries, especially if the actual culprits are already in the registries for other sexual offenses.

by Ian J. Postman

Student Note

Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use of this Powerful Investigative Tool

In cases where traditional investigative tactics fail to yield a suspect, and where the perpetrator’s DNA is not contained in a recorded profile, Familial Searches provide law enforcement with a different way of analyzing genetic evidence that is already lawfully stored in a database.

by Alexandra Nieto

Article

Sex Segregation in Sports as a Public Health Issue

Sex segregation in sports has a profound impact on women’s health. The ongoing practice of defaulting to sex segregation should be analyzed as a public health issue. Although not every sport at every level should be desegregated, the effect of sports participation on health—women’s health in particular—weighs into the proper analysis of both law and policy. Ultimately, the vast majority of athletic pursuits, particularly at non-elite levels, are about the health of both mind and body, and the structure and content of those pursuits deserves careful consideration through the lens of health.

by Nancy Leong & Emily Bartlett

Article

Settling in the Shadow of Sex: Gender Bias in Marital Asset Division

Yet as this Article suggests, women’s own choices are not solely to blame for women’s economic disempowerment after divorce. Family law scholars should no longer ignore the role of bias against women—bias that has nothing to do with breadwinning, caretaking, or conformity with gender expectations.

by Jennifer Bennett Shinall

Student Note

Sexual Ageplay in Virtual Reality: Practicing Free Speech or Producing Child Pornography

A man enters a bedroom and sees a child sleeping on her bed. He approaches her and begins to rub her back. The child stirs and looks up, excited to see the man. She giggles as he undresses her, and soon they have sex. But the man is not actually with the child, instead he is sitting in his armchair, playing a popular adult virtual reality (VR) game, Kanolojo.

by Lillian Esposito

Student Note

When Sharing is Not Caring: Creating an Effective Criminal Framework Free from Specific Intent Provisions to Better Achieve Justice for Victims of Revenge Pornography

“The moral of the story is he doesn’t respect me . . . . If you can’t respect me, you have to respect the law.” INTRODUCTION “Quick go in bathroom take quick pic for me . . . Do it u know u beautiful always to me,” he said. She obliged. The very next day, the picture was on Instagram: “This is from Chyna yesterday to me. I never been so disrespected in my life . . . . This woman is so disrespectful and I don’t care.” Calls of “revenge porn” ran rampant…

by Ava Schein

Issues Archive