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  1. 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...
  2. 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...
  3. 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...
  4. 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...
  5. njdiver

    THE FUTURE OF QUALIFIED IMMUNITY

    THE FUTURE OF QUALIFIED IMMUNITY http://ndlawreview.org/wp-content/uploads/2018/08/1-Bray.pdf
  6. 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...
  7. 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...
  8. 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...
  9. 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...
  10. 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...
  11. 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...
  12. 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...
  13. 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...
  14. 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
  15. 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...
  16. njdiver

    Police-Citizen Contacts That Weems Guy

    #not all.
  17. 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...
  18. 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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  19. njdiver

    A Guide to the Rulemaking Process 2019-05-01

    A Guide to the Rulemaking Process https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf
  20. njdiver

    42 USC Ch. 21 CIVIL RIGHTS 2019-04-29

    42 USC Ch. 21 CIVIL RIGHTS http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21&edition=prelim

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