Criminal Law

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Essay
Volume 89.2
Capitalizing on Crisis: Chicago Policy Responses to Homicide Waves, 1920–2016
Robert Vargas
Associate Professor of Sociology, University of Chicago.

We would like to thank Andrew Papachristos, Aziz Huq, Jenny Trinitapoli, and Wesley Skogan for comments and feedback on earlier drafts as well as Cecilia Smith and Parmanand Sinha for technical support with the geographic analyses.

Chris Williams
Ph.D. Student, Sociology Department, University of Chicago.
Phillip O’Sullivan
Joint J.D./Ph.D. Student, Department of Statistics, Harvard University.
Christina Cano
Undergraduate Student, Sociology Department, University of Chicago.

This Essay investigates Chicago city-government policy responses to the four largest homicide waves in its history: 1920–1925, 1966–1970, 1987–1992, and 2016. Through spatial and historical methods, we discover that Chicago police and the mayor’s office misused data to advance agendas conceived prior to the start of the homicide waves.

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Essay
Volume 89.2
Identifying and Measuring Excessive and Discriminatory Policing
Alex Chohlas-Wood
Executive Director, Stanford Computational Policy Lab
Marissa Gerchick
Data Scientist, Stanford Computational Policy Lab.
Sharad Goel
Professor of Public Policy, Harvard Kennedy School.
Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, University of Chicago.
Amy Shoemaker
Data Scientist, Stanford Computational Policy Lab.
Ravi Shroff
Assistant Professor of Applied Statistics, New York University.
Keniel Yao
Data Scientist, Stanford Computational Policy Lab.

We describe and apply three empirical approaches to identify superfluous police activity, unjustified racially disparate impacts, and limits to regulatory interventions.

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Essay
Volume 89.2
Racially Territorial Policing in Black Neighborhoods
Elise C. Boddie
Henry Rutgers Professor, Professor of Law, and Judge Robert L. Carter Scholar, Rutgers Law School.

I thank Michelle Adams, Devon W. Carbado, Don Herzog, and R.A. Lenhardt for their very helpful comments and feedback. Any errors are my own.

This Essay explores police practices that marginalize Black people by limiting their freedom of movement across the spaces of Black neighborhoods.

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Essay
Volume 89.2
Barbed Wire Fences: The Structural Violence of Education Law
LaToya Baldwin Clark
Assistant Professor, University of California, Los Angeles, School of Law.

I thank Guy-Uriel Charles, Hiba Hafiz, Osamudia James, Etienne Toussaint, the participants of this Symposium and the Culp Colloquia, as well as the excellent editors of the University of Chicago Law Review. To William, Ahmir, Amina, and Ahmad: thank you for giving me the time, space, and motivation to write about issues that matter to me. All mistakes are mine.

In this Essay, I argue that, in urban metros like Chicago, poor Black children are victims of not just gun violence but also the structural violence of systemic educational stratification.

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Essay
Volume 89.2
An Abolitionist Critique of Violence
Allegra McLeod
Professor, Georgetown University Law Center.

I wish to thank Sherally Munshi, Erum Kidwai, Saba Rewald, and participants at the University of Chicago Law School’s Symposium on violence for their engagement with this project. I am also most grateful to the abolitionist organizers, writers, and thinkers whose work to confront violence expands our collective imagination and contributes much to the realization of a more peaceful and just world.

This article proceeds by engaging the critical reflections, writing, organizing, and imaginative visions of contemporary abolitionists who are confronting the sources of violence by building solidaristic and equitable economic alternatives, proliferating peaceful and constructive approaches to violence that do not rely on militarized criminal law enforcement, working to reallocate resources from militarism toward human flourishing, and to commence a just transition to more environmentally sustainable forms of organizing human life on earth.

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Article
Volume 88.8
Textual Rules in Criminal Statutes
Joshua Kleinfeld
Professor of Law and (by courtesy) Philosophy, Northwestern University.

Twenty years ago, Professor William Stuntz wrote an arti-cle, The Pathological Politics of Criminal Law, that has become a classic of the field. His thesis was that criminal law is beset by political problems (mostly collusive incentives) that cause it to steadily expand, with ever more statutes criminalizing ever more conduct, and punishing more harshly as well.

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v88.6
Asymmetric Subsidies and the Bail Crisis
John F. Duffy
Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law.
Richard M. Hynes
John Allan Love Professor of Law and Nicholas E. Chimicles Research Professor of Business Law and Regulation, University of Virginia School of Law.

We thank Josh Bowers, Kellen Funk, Sandra Mayson, John Monahan, Megan Stevenson, Stephen Ware and workshop participants at the University of Virginia and at the Scalia Law School of George Mason University for valuable comments. We thank Christian Fitzgerald, Ariel Hayes, Caitlyn Koch, Molly Mueller, and Louis Tiemann for valuable research assistance. We also thank Paul Prestia for responding to our inquiry on a factual matter. All errors remain our own.

The last several years have seen “a truly astounding” and “unprecedented” outpouring of scholarship and commentary decrying the large number of individuals held in pretrial detention, measuring the negative social consequences of such detention, and debating what to do about it.

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v88.4
Vindicating the Right to Be Heard: Due Process Safeguards Against Government Interference in the Clemency Process
Jay Clayton
B.A. 2016, Swarthmore College; J.D. Candidate 2022, The University of Chicago Law School

Many thanks to The University of Chicago Law Review editors and Professor John Rappaport for their help and advice.

In 2020, the U.S. federal government carried out ten exe-cutions, more than in any year since 1896. In a single week in January 2021, it carried out three more.

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v88.3
Qualified Immunity's Boldest Lie
Joanna C. Schwartz
Professor of Law, UCLA School of Law.

For helpful comments on earlier drafts, thanks to Karen Blum, Roger Clark, Barry Friedman, Christopher Kemmitt, James Pfander, Richard Re, Alexander Reinert, Lou Reiter, Jack Ryan, Seth Stoughton, and Stephen Yeazell. For help constructing the dataset of Ninth Circuit cases, many thanks to John Wrench and Anya Bidwell. For excellent research assistance, thanks to Bryanna Taylor and Hannah Pollack. Thanks also to the editors at The University of Chicago Law Review for excellent editorial assistance.