Monday, September 28, 2020
Matthew Stanford (University of California, Berkeley - California Constitution Center) has posted The Constitutional Challenges Awaiting Police Reform—and How Congress Can Try to Address Them Preemptively (California Law Review Online, Vol. 11, 2020) on SSRN. Here is the abstract:
The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history surrounding race and policing. While some racial justice advocates are calling to defund police departments, others remain focused on more surgical reform efforts. As November elections loom, incumbents have responded to nationwide protests by advancing a panoply of police reform measures. Some of these proposals are gaining momentum. This Article addresses the constitutional challenges that await federal reform efforts by discussing three of the more popular proposals.