Eric J. Miller* The development of the institutional approach to policing, and procedure more generally, is one of the most exciting features of criminal procedure over the past decade. More accurately, there are a series of institutional approaches—doctrinal, philosophical, sociological, empirical—that all claim that there is independent value in regulating the police, separate from the additional value of protecting suspects’ rights.
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By Brendan Kreckel On April 9 the Fifth Circuit Court of Appeals ruled for the second time that a 2011 Texas voter ID law was passed with intent to discriminate against eligible minority voters. This decision comes just three months after the the U.S. Department of Justice’s Civil Rights Division (“DOJ”) dropped its complaint opposing the Texas bill, which imposed new ID requirements for eligible voters at the polls. The DOJ withdrew after three years and close to $1 million worth of litigation.
By Shaun Prunotto American television audiences have long enjoyed “reality” programs that grant unfiltered access to emergency personnel at work. Police actions are frequently documented and broadcast by programs such as A&E’s Live PD and Cops, which recently aired its 1,000th episode. Production companies, including ABC News (“ABC”) and Discovery, expanded the genre by embedding camera crews in some of the nation’s busiest emergency rooms and trauma units. Mark Chanko’s death in 2011, however, at New York-Presbyterian Hospital (“NYP”) and its subsequent broadcast on ABC’s NY Med has resulted in proposed legislation, a $2.2 million settlement between a federal agency and…
By Frank Kearl In the wake of President Trump’s inauguration, the Women’s March sounded the beginning of a new progressive awakening with echoes of past political uprisings. American cities have always been central venues in fights for social justice. From the Boston Tea Party through the women’s suffrage movement, from the Birmingham Bus Boycott to Occupy Wall Street, people in urban centers have historically shaped the narrative around progressive movements and have helped catalyze change. Cities have begun to strike back against the anti-democratic efforts of their state courts and legislatures. By studying the organizational structures of prior social justice…
By Eric Hornbeck Through a program known as LinkNYC, slab-like kiosks are replacing the increasingly unused payphones on the sidewalks of New York City. The kiosks offer much more than the phone calls that can be made from payphones: the kiosks have tablets with internet access, charging stations and wifi service that expands as far as 150 feet. As more kiosks go up, it’s hard for New Yorkers not to notice them — or the ads targeted to the very pedestrians walking by.
By Brendan Kreckel During his eight years as president, Barack Obama deported over 2.5 million people; the most of any president in the history of the United States. President Donald Trump has promised to outdo the Obama administration in an unrealistic plan to deport 2 to 3 million people in his first 100 days in office. While the specifics of a potential crackdown are unknown, some cities across the country have reasserted their determination to resist as “Sanctuary Cities.”
By Brendan Kreckel Earlier this year, Virginia Governor Terry McAuliffe issued an executive order to restore voting rights to more individuals convicted of felonies in his state. Republican lawmakers vehemently opposed the order, bringing the matter to the Virginia Supreme Court. The court invalidated the order and required that newly registered citizens have their rights revoked once again.
By Eric Hornbeck New York City collects vast amounts of data every day on the activities of its agencies and citizens. For the last several years it has posted reams of that data, from restaurant health inspections to 311 calls, on its open data portal. As the availability and use of that data has increased, it’s also become a source of profit for one particular group of New Yorkers — those on Wall Street. That for-profit use of government data has raised some concerns, but it’s largely been off the city’s radar. Instead, the city wants to make sure its…
By Daniel Porat The Federal Emergency Management Agency (FEMA) and Mayor Bill de Blasio recently announced a joint plan to revise New York City’s Flood Insurance Rate Maps, stalling a flood insurance rate hike for many New York City property owners. The announcement came after FEMA accepted the City’s appeal of the agency’s preliminary flood map, which would have nearly doubled the structures covered in the mandatory zone and increased flood insurance premiums between $5,000 and $10,000 for many New Yorkers.
By Joseph B. Evans * In its June, 2016 decision Figueroa v. Mazza, et al., the Second Circuit reversed the dismissal of claims against police onlookers who failed to step in while a suspect was punched in the face by a fellow officer for no apparent reason. In limiting the “it all happened so fast so there was nothing I could do about it” defense, the decision may mean more success for plaintiffs against police officers who stand idle while other officers use excessive force.