Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—describes the value of writing to memorialize miscarriages of justices and lauds federal district judge Carlton W. Reeves for doing so in a recent opinion. Sarat points out that Judge Reeves faithfully applied the doctrine of qualified immunity in the case before him while also powerfully noting in his opinion how dangerous that the police officer’s unjust stop detainment was for that Black motorist.
Cornell law professor Joseph Margulies explores the idea of defunding the police, pointing out that we must first ask what tasks can only be performed by the police, and then ask the corollary question what tasks should the police do. Margulies uses several examples to illustrate the point that many tasks that we reflexively assign to the police can be better handled by others, and by assigning these tasks to others, we can effectively shrink the role of police in our society.
Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them.
Cornell law professor Sherry F. Colb comments on a decision the U.S. Supreme Court issued toward the end of the last term, in which a majority of the Court ruled that as long as police have probable cause for an arrest, it does not matter if their actual motivation for arresting someone violates the person’s First Amendment rights. Colb considers whether such pretextual, speech-based arrests are a problem, how they differ from other pretextual arrests, and how the ruling in this case resembles the law of a seemingly different area—post-conviction incarceration for convicted criminals.
Cornell University law professor Joseph Margulies describes inspiring story of the "Walking School Bus" in Olneyville, the low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island. The Walking School Bus is a small group of parents who walk through a set route on a specified timetable, escorting children through dangerous areas to safely arrive at their respective schools. Margulies points out that this example is but one example of the importance of recognizing the intersection public health, crime, criminal justice, and policing-all critical and interrelated components of building stronger and safer communities.
Cornell University law professor Joe Margulies comments on the findings of a recent study of police body cameras that body-worn cameras made no statistically significant difference in how police go about their jobs. Margulies points out that the story is not in the absence of a difference, but in people’s surprise to the absence of a difference. Indeed, it is the routine, not the anomalous, that requires reform.
Cornell University law professor Sherry F. Colb comments on the law in at least three states that permits police officers to have sexual contact with people they suspect of prostitution. Colb explains the rationale behind these laws and argues that under three prevailing philosophical approaches to the law—libertarian, feminist, and traditional morality-based—such contact should not be permissible.
Cornell University law professor Joseph Margulies describes the remarkable transformation of Phillips, a community in Minneapolis, from “Murderapolis” to a thriving, vibrant, safe community. Margulies uses this example to point out that when police and communities they serve work together effectively, truly positive change can emerge.
Cornell University law professor Joseph Margulies considers why it is so difficult for people to have productive conversations about police shootings. Margulies calls upon us to ask not whether an officer involved in a shooting is a monster or a hero, but instead whether tomorrow we can do better.
Cornell University law professor Joseph Margulies discusses the so-called “Ferguson Effect,” a hypothesis that increased public scrutiny of police violence correlates to higher rates of violent crime. Margulies argues that even if the Ferguson Effect is real—which he does not concede—the alternative of Zero Tolerance and other similar policies wreak havoc on poor communities of color. Margulies makes the case for communities having their own say in how they are policed.
Guest columnist and University of South Carolina law professor Seth Stoughton comments on the shifting marijuana laws throughout the United States and the implications for Fourth Amendment doctrine. Stoughton explains how marijuana laws in the United States have changed over time describes the resulting doctrinal uncertainty. He focuses specifically on the Fourth Amendment’s “automobile exception” in cases involving marijuana calls for legislatures and judges to clarify how police practices should be updated.