By Joshua Kaiser Americans think we know an awful lot about our penal system. Yet policymakers, jurists, academics, offenders, and the public alike remain largely ignorant of more than 35,000 hidden sentence laws across the nation. “Hidden sentence” refers to any punishment imposed by law as a direct result of criminal status, but not as part of a formally recognized, judge-issued sentence. Thus, both restrictions on prisoners’ rights and “collateral consequences” laws are hidden sentences; …
Two Ways of Thinking About the Undue Burden Test After Hellerstedt
By Mary Ziegler* This week, after the Supreme Court heard argument in Whole Women’s Health v. Hellerstedt, it seems tricky to predict the future of abortion rights. Justice Scalia’s passing and the ambiguity of Justice Kennedy’s stand make any bet on the outcome unwise. Just the same, history can still give us a sense of what Hellerstedt could mean. The pieces of the puzzle in Hellerstedt—woman-protective arguments, TRAP laws, and a redefined undue-burden test—have been inextricably linked …
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The Hodgepodge Principle in US Privacy Policy
By John A. Deighton* Data, says Professor Lawrence Summers, is the new oil, “a hugely valuable asset essential to economic life.” Personal data, the kind of data that invites thoughts of privacy, is a big part of that “hugely valuable asset.” My colleague Peter Johnson and I recently estimated that marketers paid about $200 billion in 2014 for services that relied on personal data. That’s probably between 10% and 20% of all the money spent on marketing in the US, and it is growing at double …
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Another perspective on Community Policing, Part Two
By Ronald E. Hampton* Critics of community policing say that the idea of a friendly beat officer acting as some magic bullet solution for serious crimes such as murders, rapes, assaults, big-time, sophisticated drug dealing and the rising tide of violence fueled by drugs, is laughable. Yet community policing techniques are appropriate for more serious crimes. Once one starts analyzing who commits crimes, one finds that to the extent people do experience serious crimes—especially assault, …
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Another Perspective on Community Policing
By Ronald E. Hampton* Many African-Americans today believe that law and order is not being kept in their communities. The average African-American citizen is terribly dissatisfied with the police and their services in his/her neighborhood. However, in some parts of America, there is an ongoing effort to dramatically reshape the roles of both police officers and the communities they serve. This effort has been led by a handful of police officers, chiefs, criminal justice experts and community …
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HLPR Volume 10.1 is Here!
HLPR is excited to announce that Volume 10.1 has been published and is now available online. This volume's symposium topic is Policing in America on the 50th Anniversary of Miranda v. Arizona, featuring a foreword by Senator Cory A. Booker and Roscoe Jones, Jr. and articles by Elizabeth Joh, Franklin Zimring, Kara Dansky, Katherine Beckett, and Chief Edward Flynn. Volume 10.1 also includes two general essays--about collateral punishment (Joshua Kaiser) and insubordination in Title VII cases …