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  1. njdiver

    The Supreme Court’s Quiet Assault on Civil Rights

    The Supreme Court’s Quiet Assault on Civil Rights The Supreme Court is quietly gutting one of the United States’ most important civil rights statutes. Only a movement can pressure Congress to act. https://www.dissentmagazine.org/article/supreme-court-assault-civil-rights-section-1983
  2. njdiver

    Criminal procedure and the good citizen

    Criminal procedure and the good citizen There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon. Embedded in the Supreme Court’s criminal procedure jurisprudence—at times hidden in plain sight, at other times hidden below the...
  3. njdiver

    The Basics of Qualified Immunity: The Four U’s

    The Basics of Qualified Immunity: The Four U’s https://www.unlawfulshield.com/2018/07/the-basics-of-qualified-immunity/
  4. njdiver

    Suppression of Free Tweets: How Packingham Impacts the New Era of Government Social Media and the First Amendment

    Suppression of Free Tweets: How Packingham Impacts the New Era of Government Social Media and the First Amendment As social media popularity grows, so too does the constitutional conflicts between the First Amendment’s public forum doctrine and a public official’s social media. More and more...
  5. njdiver

    Twenty-First Century First Amendment: Public Forums in the Digital Age

    Twenty-First Century First Amendment: Public Forums in the Digital Age https://law.yale.edu/mfia/case-disclosed/twenty-first-century-first-amendment-public-forums-digital-age
  6. njdiver

    TESTILYING: POLICE PERJURY AND WHAT TO DO ABOUT IT

    TESTILYING: POLICE PERJURY AND WHAT TO DO ABOUT IT Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful...
  7. njdiver

    Empty Promises: Miranda Warnings in Noncustodial Interrogations

    Empty Promises: Miranda Warnings in Noncustodial Interrogations You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense." In 2010, the...
  8. njdiver

    The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation

    The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation This article studies the precise impact that false confessions have on criminal defendants. Using evidence from sixty cases of police-induced false confessions in...
  9. njdiver

    Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, and Automatic Activation

    Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, and Automatic Activation A movement toward police regulation by recording is sweeping the nation. Responding to calls for accountability, transparency and better evidence, departments have rapidly adopted body cameras. Recording...
  10. njdiver

    A Right of Access to Court Under the Petition Clause of the First Amendment: Defining the Right

    A Right of Access to Court Under the Petition Clause of the First Amendment: Defining the Right This Article explores the use of the Petition Clause as a vehicle for gaining access to courts. Professor Andrews reviews the English origins of the right to petition, the formation of the American...
  11. njdiver

    THE FUTURE OF QUALIFIED IMMUNITY

    THE FUTURE OF QUALIFIED IMMUNITY http://ndlawreview.org/wp-content/uploads/2018/08/1-Bray.pdf
  12. njdiver

    What Police Learn From Lawsuits

    What Police Learn From Lawsuits This Article asks what we can learn from the vast amount of information generated by modern civil litigation. One answer lies in the practices of a small but growing number of law enforcement agencies that pay careful attention to suits brought against them and...
  13. njdiver

    Could the Supreme Court Cool on Qualified Immunity?

    Could the Supreme Court Cool on Qualified Immunity? The State and Local Legal Center (SLLC) files Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations representing state and local governments...
  14. njdiver

    A QUALIFIED DEFENSE OF QUALIFIED IMMUNITY

    A QUALIFIED DEFENSE OF QUALIFIED IMMUNITY In recent years, we have seen a growing call in the legal academy to revisit qualified immunity—the doctrine that shields a government actor from civil suit for monetary damages unless the government official violates “clearly established law.” On the...
  15. njdiver

    The Case Against Qualified Immunity

    The Case Against Qualified Immunity If the Court did find an appropriate case to reconsider qualified immunity, and took seriously available evidence about qualified immunity’s historical precedents and current operation, the Court could not justify the continued existence of the doctrine in...
  16. njdiver

    How Qualified Immunity Fails

    How Qualified Immunity Fails This Article reports the findings of the largest and most comprehensive study to date of the role qualified immunity plays in constitutional litigation. Qualified immunity shields government officials from constitutional claims for money damages so long as the...
  17. njdiver

    Is Qualified Immunity Unlawful

    Is Qualified Immunity Unlawful The doctrine of qualified immunity operates as an unwritten defense to civil rights lawsuits brought under 42 U.S.C. § 1983. It prevents plaintiffs from recovering damages for violations of their constitutional rights unless a government official violated “clearly...
  18. njdiver

    POLICE INDEMNIFICATION

    POLICE INDEMNIFICATION In this Article, I report the findings of a national study of police indemnification. Through public records requests, interviews, and other sources, I have collected information about indemnification practices in forty-four of the largest law enforcement agencies across...
  19. njdiver

    CONSTITUTIONAL LIMITS ON PRIVATE POLICING AND THE STATE’S ALLOCATION OF FORCE

    CONSTITUTIONAL LIMITS ON PRIVATE POLICING AND THE STATE’S ALLOCATION OF FORCE This Note argues that a variety of “private police” forces, such as university patrols and residential security guards, should be held to the constitutional limitations found in the Bill of Rights. These private...
  20. njdiver

    Journalists in Ferguson: Know Your Rights

    Journalists in Ferguson: Know Your Rights The First Amendment affords reporters broad but not perfect protection https://archives.cjr.org/united_states_project/press_rights_in_ferguson.php

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