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  1. njdiver

    Hacking Qualified Immunity: Camera Power and Civil Rights Settlements

    Hacking Qualified Immunity: Camera Power and Civil Rights Settlements Excessive force cases are intensely fact-specific. Did the suspect resist, necessitating the use offorce? What threat did the suspect pose, if any? Was the use of force excessive in light of the situation? These are judgment...
  2. njdiver

    Accelerated Civil Rights Settlements in the Shadow of Section 1983

    Accelerated Civil Rights Settlements in the Shadow of Section 1983 Accelerated civil rights settlement relies on Section 1983, but in a new way that differs from its previous uses. Still, this paper concludes that just as accelerated civil rights settlement represents brilliant strategy, its...
  3. njdiver

    A Guide to the Rulemaking Process

    njdiver submitted a new document: A Guide to the Rulemaking Process - CFR Read more about this document..
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  4. njdiver

    42 USC Ch. 21 CIVIL RIGHTS

    njdiver submitted a new document: 42 USC Ch. 21 CIVIL RIGHTS - 42 USC Ch. 21 CIVIL RIGHTS Read more about this document..
  5. njdiver

    OFFICERS BEING RECORDED BY CITIZENS WHILE WORKING ENFORCEMENT ACTION IS NOT THE BEST PRACTICE AND MAY LEAD TO LIABILITY

    OFFICERS BEING RECORDED BY CITIZENS WHILE WORKING ENFORCEMENT ACTION IS NOT THE BEST PRACTICE AND MAY LEAD TO LIABILITY http://www.patc.com/weeklyarticles/print/2011_recorded.pdf
  6. njdiver

    Police-Citizen Contacts That Weems Guy

    Police-Citizen Contacts That Weems Guy https://thatweemsguy.com/category/police-citizen-contacts/
  7. njdiver

    Roughly one-in-five police frequently feel angry and frustrated on the job Pew Research Center

    Roughly one-in-five police frequently feel angry and frustrated on the job Pew Research Center https://www.pewresearch.org/fact-tank/2017/03/09/roughly-one-in-five-police-frequently-feel-angry-and-frustrated-on-the-job/
  8. njdiver

    Police-Report_FINAL_web Pew Research Center

    Police-Report_FINAL_web Pew Research Center Amid protests and calls for reform, how police view their jobs, key issues and recent fatal encounters between blacks and police https://www.pewsocialtrends.org/wp-content/uploads/sites/3/2017/01/Police-Report_FINAL_web.pdf
  9. njdiver

    What Police Think About Their Jobs | Pew Research Center

    What Police Think About Their Jobs | Pew Research Center https://www.pewsocialtrends.org/2017/01/11/behind-the-badge/
  10. njdiver

    IACP LAW ENFORCEMENT POLICY CENTER Recording Police Activity

    njdiver submitted a new resource: IACP LAW ENFORCEMENT POLICY CENTER Recording Police Activity - Wiretap Read more about this resource...
  11. njdiver

    18 USC Ch. 119: WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATI

    njdiver submitted a new resource: 18 USC Ch. 119: WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATI - Wiretap Read more about this resource...
  12. njdiver

    Illinois Eavesdropping

    njdiver submitted a new resource: Illinois Eavesdropping - Wiretap Read more about this resource...
  13. njdiver

    WHICH TYPES OF SPEECH ARE NOT PROTECTED BY THE FIRST AMENDMENT?

    Which types of speech are not protected by the First Amendment Although different scholars view unprotected speech in different ways, there are basically nine categories: Obscenity Fighting words Defamation (including libel and slander) Child pornography Perjury Blackmail Incitement to...
  14. njdiver

    The Forgotten Freedom of Assembly

    The Forgotten Freedom of Assembly The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New...
  15. njdiver

    The Strange Origins of the Constitutional Right of Association

    The Strange Origins of the Constitutional Right of Association Although much has been written about the freedom of association and its ongoing importance to American constitutionalism, much recent scholarship mistakenly relies on a truncated history that begins with Roberts v. United States...
  16. njdiver

    The Unsettling ‘Well-Settled’ Law of Freedom of Association

    The Unsettling ‘Well-Settled’ Law of Freedom of Association This article brings historical, theoretical, and doctrinal critiques to bear upon the current framework for the constitutional right of association. It argues that the Supreme Court’s categories of expressive and intimate association...
  17. njdiver

    Virtual Assembly

    Virtual Assembly This Article provides one of the first scholarly considerations of the constitutional boundaries for online groups. It explores both why and how we should protect these groups by asking two related questions. The first question is theoretical: do online groups implicate the...
  18. njdiver

    More is More: Strengthening Free Exercise, Speech, and Association

    More is More: Strengthening Free Exercise, Speech, and Association Prominent scholars have suggested that one important means of strengthening the First Amendment is by limiting its protections to “core” interests. Philip Hamburger has asserted the argument most forcefully. His generalized...
  19. njdiver

    The First Amendment’s Public Forum

    The First Amendment’s Public Forum The quintessential city park symbolizes a core feature of a democratic polity: the freedom of all citizens to express their views in public spaces free from the constraints of government imposed orthodoxy. The city park finds an unlikely cousin in the federal...
  20. njdiver

    Unlawful Assembly as Social Control

    Unlawful Assembly as Social Control Public protests from Occupy to Ferguson have highlighted anew the offense of unlawful assembly. This Article advances the simple but important thesis that contemporary understandings of unlawful assembly cede too much discretion to law enforcement by...
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