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CONTENTS
1. Administrative
Law
2. Arbitration
3. Biological
or Chemical Threats and Terrorism
4. Bounty
Hunters
5. Canines
(use of police dogs)
6. Civil
Liability and Civil Rights
7. Collective
Bargaining
8. Constitutional
Claims (in general)
9. Decertification
of Police Officers
10. Disability
Discrimination
11. Discipline
12. Discovery,
Confidentiality and Records Privacy
13. DNA
14. Domestic
Partnerships
15. Domestic
Violence
16. Drug
Enforcement
17. Due
Process (for employees)
18. Educational
Requirements and Incentives
19. Eleventh
Amendment
20. E
Mail and Internet Use
21. Employment
Practices
22. English-Only
Rules
23. Ethics
24. Evidence
25. Excessive
Force (by peace officers)
26. Exclusionary
Rule
27. Family
and Medical Leave
28. First
Amendment Rights of Public Employees
29. Gangs
and Police Action
30. Genetic
Testing and Medical Privacy
31. Hairstyle
and Appearance
32. Health
Care
33. Mental
Illness - Police Response to
34. Motor
Vehicle Laws and Searches
35. Negligent
Failure to Protect Crime Victims
36. Nepotism
37. News
Media
38. Perjury
by Police Officers
39. Political
Activity of Police Personnel
40. Polygraph
41. Prisoner
Rights
42. Private
Security
43. Privatization
of Prisons and Criminal Justice
44. Psychological
Testing
45. Race
Discrimination in Employment
46. Race
Relations and the Police; Profiling
47. Resistance
to Arrest
48. Residency
Requirements
49. School
Law
50. Search
and Seizure
51. Sex
Discrimination
52. Sexual
Harassment
53. Sexual
Orientation
54. Smoking
55. Surveillance,
Infiltration, Monitoring and Facial Recognition
56. Stress
57. SWAT
Operations
58. Terrorism
59. Testing
(non psychological)
60. Transsexual
Inmates
61. Vision
Standards
62. Wage
and Hour Claims
63. Workplace
Privacy
64. Workplace Violence
Most law review articles and notes can be downloaded from Westlaw or Lexis-Nexis ®. These are not available from AELE.
• Law
Review: “A Proposal for a Statewide Law Enforcement Administrative Law Council,”
by Wayne W. Schmidt, 2 (3) Jour. of Police Sci. &
Admin. 330-338 (Northw.
Univ. Sch. of Law, 1974).
• Article:
“Defeating mandatory arbitration clauses,” Trial magazine (ATLA Jan. 2000) and
online at www.atlanet.org.
• Article:
“Due process protocol for mediation and arbitration of statutory disputes
arising out of the employment relationship,” on Internet at: http://www.bna.com/bnabooks/ababna/special.htm
(PDF format). The protocol is endorsed
by the Amer. Bar Assn., Amer. Arbitr. Assn., Natl. Empl. Lawyers Assn., FMCS, ACLU, etc.
• Law
Review: “Arbitrating sexual harassment grievances; Defense of mandatory
arbitration of employment disputes,” Univ. of Penn. J. of Labor and Empl. Law, Vol. 2, No. 1. http://www.law.upenn.edu/journals/jlel/.
• Book: The National Conference of
Commissioners on Uniform State Laws has published on the Internet (for
discussion purposes) the latest draft of their revisions to the Uniform
Arbitration Act. Since its publication
in 1955, the UAA has been adopted in 35 states, and in some form in 14 other
jurisdictions. The latest version of the
proposed revisions is at: http://www.law.upenn.edu/bll/ulc/ulc_frame.htm.
BIOLOGICAL
OR CHEMICAL THREATS AND TERRORISM
• Law Review: “Bioterrorism Meets Privacy:
An Analysis of the Model State Emergency Health Powers Act and the HIPAA
Privacy Rule,” by Julie Bruce, Loyola University Chicago Institute for Health
Law, Annals of Health Law, 12 Ann. Health L. 75 (2003) 22,368 words.
• Law Review: “Combating Terrorism in the
Environmental Trenches: Terrorism and the Future of Torts: If Terror Reigns,
Will Torts Follow?” by John M. Barkett, Widener Law
Symposium, 9 Wid. L. Symp. J. 485 (2003) 22,226 words.
• Law Review: “Public Health and
International Law: Bioterrorism, Public Health, and International Law,” David
P. Fidler,
• Law Review: “Biological Terrorism: Legal
Measures for Preventing Catastrophe,” by Barry Kellman,
Harvard Journal of Law & Public Policy, 24 Harv. J.L. & Pub. Pol’y 417 (2001) 26,303 words.
• Law Review: “Confronting Disease in a
Global Arena,” by Lauren Z. Asher, Cardozo Journal of
Intern. and Compar. Law,
• Law Review: “Bioterrorism: Perfectly
Legal,” by Heather A. Dagen, Catholic Univ. Law
Review, 49 Cath. U.L. Rev. 535 (2000) 22,988 words.
• Law Review: “S.B. 1257: Arizona
Regulates Bounty Hunters,” Arizona State Law Journal - Spring, 1999, 31 Ariz.
St. L.J. 229 (11,894 words) Includes a current state-by-state analysis.
• Law Review: “Running from the Law:
Should Bounty Hunters Be Considered State Actors and Thus Subject to
Constitutional Restraints?”
• Law Review: “Bounty Hunters: Can the
Criminal Justice System Live Without Them?”
• Law Review: “Bounty Hunters as
Evidence Gathers: Should they be considered state actors under the Fourth
amendment when working with police?”
• Law Review: “When Man Hunts Man: The
Rights and Duties of Bounty Hunters in the American Criminal Justice System,”
• Law Review: “Tyranny on The Streets:
• Law Review: “An Examination of the
Training and Reliability of the Narcotics Detection Dog,” by Robert C. Bird,
Kentucky Law Journal, Winter, 1996/1997, 85 Ky. L.J. 405 (15,076 words).
• Law Review: “Sniffing out the Fourth
Amendment:
CIVIL LIABILITY AND CIVIL RIGHTS
•
Law Review: “A Plainly Obvious Need For
New-Fashioned Municipal Liability: The Deliberate Indifference Standard and
Board of County Commissioners of
•
Law Note: “
• Law Review: Municipal Liability:
Derivative or Direct? Statutory or Constitutional?
Distinguishing the Canton Case from the Collins Case, DePaul Law Review, Spring, 1999, 48 DePaul L. Rev. 687 (21,465 words).
• Article: “Defending Police Misconduct
Claims: Evaluation, Negotiation, and Settlement,” For the Defense, Feb. 1999.
• Law Review: “False arrest -- damages:
Psychological and legal aftermath of false arrest and imprisonment,” by R. I.
Simon, 21 (4) Bull. Amer. Acad. Psychiatry & the Law: 523-8, 1993. A review of the forensic psychiatric literature and legal cases.
• Law Comment: “Good Cop-Bad Cop:
Reassessing the Legal Remedies for Police Misconduct,” Utah Law Review, 1993
• Law Review: “The Feds, lies, and
videotape: the need for an effective federal role in controlling police abuse
in urban
• Article: J. Ronzio,
Esq. and G. Kiser, Esq., “The Civil Rights Act of 1991.” 59 (5) The Police
Chief 11-12 (May 1992). A succinct summary of the changes.
•
Law Review: “Accountability in Government and Section 1983,” by Mark R.
Brown, Univ. of Mich. Law School, Fall 1991, 25 U. Mich. J.L. Ref. 53 (50,952
words).
• Law Review: “Municipal Liability for
Police Misconduct: Must Victims Now Prove Intent?” by Ruth Friedman, Yale Law
Journal, Feb. 1988, 97 Yale L.J. 448 (14,478 words).
•
Law Review: “Police Liability for Creating the Need To Use Deadly Force
in Self-Defense,” by Frank G. Zarb, Jr., Michigan Law
Review, Aug. 1988, 86 Mich. L. Rev. 1982 (19,695 words).
CONSTITUTIONAL CLAIMS (in General)
• Law Review: “Equal Protection for
Non-Suspect Class Victims, “ by J. Michael McGuinness,
Campbell Law Review, Summer, 1996, 18
DECERTIFICATION OF POLICE
OFFICERS
• Law Review: “Revocation
of Police Officer Certification: A Viable Remedy for Police Misconduct?” by
Roger L. Goldman and Steven Puro,
• Law Review: “Symposium:
New Approaches to Ensuring the Legitimacy of Police Conduct: De-Certification:
Achieving Interstate Reciprocity,” by Clarence Harmon, 22
DISABILITY
DISCRIMINATION
• Law Review: “The practical
impossibility of considering the effect of mitigating measures under the
Americans with Disabilities Act of 1990,” Fordham
Urban Journal, April, 1999, 26 Fordham Urb. L. J. 1267 (18,611 words).
• Law Review: “The determination of
disability under the
• Article: “The
• Law Review: “Avoiding the inevitable:
Resolving conflicts between the
• Article: “Where access control meets
the
• Law Review: Stahlhut,
“Playing the trump card: may an employer refuse to reasonably accommodate under
the
• Article: “Interviews
and Interrogations of Public Employees: Beckwith, Garrity, Miranda and
Weingarten Rights,” by Wayne W. Schmidt, 4 (7) Law Enf.
Exec. Forum 1(Nov. 2004)
• Law Review: “Compelled
Statements from Police Officers and Garrity Immunity,” by Steven D. Clymer, New
York Univ. Law Review (Nov. 2001) 76 N.Y.U.L. Rev. 1309 (25,609 words.
• Law Symposium “The
Rampart scandal: Policing the criminal justice system: calling in the Girl
Scouts: Feminist legal theory and police misconduct,” by Mary Ellen Gale, Univ.
of Pennsylvania Journal of Constitutional Law (Feb. 2001) 3 U. Pa. J. Const. L.
296 (35,020 words).
• Law Review: “The Fair Retail Credit
Act and Workplace Investigations,” Win-Spr. 2000, 15
(3) The Labor Lawyer (ABA) 391-413 (11,224 words).
• Law Note: “Police Discharge: Fifth
Amendment,” Stetson Law Review, Winter, 1999, 28 Stetson L. Rev. 878 (1,203
words).
• Law Review: “Police discipline in
• Annotation: “Suspension of license:
entrapment as a defense in proceedings to revoke or suspend license to practice
law or medicine,” 61 A.L.R.3d 357.
• Article: “Citizen complaints: What the
police should know,” 67 (12) FBI Law Enf. Bull. 1-5 (Dec. 1998); www.fbi.gov/
(full text). Profiles the more
typical complaints and discusses how they are resolved.
• Article: “Just discipline,” 3 (4)
Policing Today 34-37 (Dec. 1997). The
article summarizes the changes in the law desired by the Assn. of Chief Police
Officers in
• Law Note: “A police
officer’s legal, consensual, off-duty sexual relationship is not protected by
the right of privacy under either the federal or
• Law Review: “Code of Silence: Police
Shootings and the Right to Remain Silent,” by Robert M. Myers,
•
Law Review: “To Serve and Yet To Be Protected: The Unconstitutional Use
of Coerced Statements In Subsequent Criminal Proceedings Against Law
Enforcement Officers, by Andrew M. Herzig, William
& Mary Law Review, Fall 1993, 35 Wm and Mary L. Rev. 401 (22,551 words).
• Law Review: “To serve and yet to be
protected: the unconstitutional use of coerced statements in subsequent
criminal proceedings against law enforcement officers,” by Andrew M. Herzig,
• Law Review: “Police Officers Accused of
Crime: Prosecutorial and Fifth Amendment Risks Posed by Police-Elicited ‘Use
Immunized’ Statements,” by Kate E. Bloch,
• Law Review: “A Procedural and
Substantive Guide to Civilian Employee Discipline,” Major Gerard St. Amand, Army Lawyer, Dec. 1986, 1986 Army Law. 6 (16,063 words).
• Law Review: “Public Employees or
Private Citizens: The Off-Duty Sexual Activities of Police Officers and the
Constitutional Right of Privacy,” Michael A. Woronoff,
• Law Review: “Public employees or
private citizens: the off-duty sexual activities of police officers and the
constitutional right of privacy,”
DISCOVERY, CONFIDENTIALITY AND
RECORDS PRIVACY
Also see News Media.
•
Law Review: “Keeping Files on the File Keepers: When Prosecutors are
Forced to Turn Over the Personnel Files of Federal Agents to Defense Lawyers,”
by Lis Wiehl, Univ. of
Washington Law Review, January, 1997, 72 Wash. L. Rev. 73 (29,810 words).
• Article: “Confidentially of internal
reports on personnel matters,” 37 (11) For the Defense 3-7 (Nov. 1995). Defense Research Instit., www.dri.org, dri@mcs.net.
•
Law Review: “DNA Fingerprinting - Justifying the Special Need for the
Fourth Amendment’s Intrusion into the Zone of Privacy,” by Deborah F. Barfield,
• Law Review: “Questioning
the Marriage Assumptions: The Justifications for Opposite-Sex Only Marriage as
Support for the Abolition of Marriage,” by Summer L. Nastich,
Law and Inequality (Winter 2003),
• Law Review: “Domestic Partnership
Benefits: Why not offer them to same-sex partners and unmarried opposite sex
Partners?” by Debbie Zielinski, Clev. St. Univ. Jour.
of Law and Health, 13 J.L. & Health 281, 1998-99 (25,010 words).
• Law Review: “Abuse Your Spouse and
Lose Your Job: Federal Law Now Prohibits Some Soldiers From Possessing Military
Weapons,” Army Lawyer, 1997 Army Law. 25 (4,617 words); also see articles on 18
U.S. Code 922g at: 19 Pace L. Rev. 445 (1999); 30 St. Mary’s L. J. 801 (1999);
29 Rutgers L. J. 607 (1998); and 39 S. Tex. L. Rev. 1029 (1998).
• Law Review: “Good Cop, Bad Cop:
Federal Prosecution of State-Legalized Medical Marijuana After
•
Law Review: “Substantive Due Process Limits on Public Officials’ Power
to Terminate State-Created Property Interests,” by David H. Armistead,
Univ. of Georgia, Spring, 1995, 29 Ga. L. Rev. 769 (25,739 words).
EDUCATIONAL REQUIREMENTS AND INCENTIVES
• Article: “States as defendants in
employment litigation: Beyond Alden v.
• Law Review: “Electronic Communication:
Union Access and Employer Rights,” by Susan Robfogel,
16 (2) The Labor Lawyer (ABA) 231-252 (Fall 2000); info: abasvcctr@abanet.org.
• Law Review: “Defamatory E-Mail and
Employer Liability: Why Razing Zeran v.
America Online is a Good Thing,” by Michael H. Spencer, 6 Rich. J.L. &
Tech. 25, Spring 2000; http://jolt.richmond.edu/v6i5/article4.html.
• Article: “Communications technology in
the workplace,” Amer. Bar Assn., available in PDF format at www.bna.com/bnabooks/ababna/stdev/2000/stdevplace.pdf.
• Law Review: “Employer Monitoring of
Employee Electronic Mail and Internet Use,” by Charles Morgan, McGill Law
Journal, December, 1999, 44 McGill L.J. 849 (29,940 words).
• Law Review: “Privacy in Public and
Private E-Mail and On-Line Systems,” Pace Law Review, Fall, 1998, 19 Pace L.
Rev. 95 (20,478 words).
• Law Review: “‘Don’t Ask, Don’t Tell;’
A Discussion of Employee Privacy in Cyberspace in Light of McVeigh
v. Cohen,” by Clifford T. Karafin,
• Law Review: “All bark, no byte:
employee e-mail privacy rights in the private sector workplace,” by Alexander
Rodriguez, Emory Univ. Law Journal, Fall, 1998, 47 Emory L.J. 1439 (19,894
words)
• Law Review: “Windows Nine-to-Five:
Smyth v. Pillsbury and the Scope of an Employee’s Right of Privacy,” by Rod
Dixon, Univ. Virginia Journal of Law and Technology Fall 1997, 2
•
Article: “Legal issues associated with electronic messaging,” by AELE
staff; contains a model policy for local use, Police Chief, June 1997 pp. 10-12
and at www.aele.org/electmess.html.
• Law Review: “Note: Keeping Secrets in
Cyberspace: Establishing Fourth Amendment Protection for Internet
Communication,” Harvard Law Review, May, 1997, 110 Harv.
L. Rev. 1591 (11,582 words).
•
Booklet: “Guide to E-Mail and the Internet in the Workplace,” by Susan Gindin, examines the legal issues that can arise as a
result of e-mail and Internet use in the workplace, and is written to aid
employers to avoid or resolve disputes.
It includes a description of the type of information that should be
included in an employer’s policy on e-mail and Internet usage and an example of
such a policy. To purchase the guide, call BNA Publications at 1-800-372-1033.
• Article: “Employer rights in
monitoring employee e-mail,” and “Employer rights and obligations under the
FMLA,” 40 (11) For the Defense 17-20 and 21-26.
Defense Research Institute, www.dri.org,
dri@mcs.net.
• Law Review: “Electronic
communications and the law: help or hindrance to telecommuting?” by Jennifer C.
Dombrow, 50 (3) Fedl. Cmnctns. L. J. (Ind. Univ.) 686. A well-researched article on workplace
electronic privacy, with 170 footnotes.
The article is free and online at:
www.law.indiana.edu/fclj/pubs/v50/no3/dombrow.html.
• Article: “E-mail policy by the letter,”
40 (4) Security Management (A.S.I.S.) 69-75 (Apr. 1996). Download on the
Internet at www.securitymanagement.com.
• Article: “Employers, employees and
e-mail,” Spring 1996 The Job Description (DRI) 9-11. www.dri.org, dri@mcs.net.
• Article: “Employers, employees and
e-mail,” DRI The Job Description 9-11 (Spring 1996). Defense
Research Institute, Inc; www.dri.org, dri@mcs.net.
• Law Review: Witt, “Terminally nosy:
are employers free to access our electronic mail?”
• Law Review: “An Affront to Human
Dignity: Electronic Mail Monitoring in the Private Sector Workplace,” by Larry
O. Natt Gantt,
• Booklet: “Managing records in e-mail
systems,” N.Y. State Archives and Records Administration, State Education
Dept.,
• Book: “Computer Privacy Handbook,” by
A. Bacard. Peachpit Press,
274 pp. (1995).
• Book: “The Law of Electronic Commerce:
EDI, E-mail and Internet,” by B. Wright, looseleaf,
Little Brown & Co. (2d edit., 1995).
• Book: “E-mail Security: How to Keep
Your Messages Private,” by Bruce Schneider - J. Wiley & Sons, 365 pp.
(1995).
• Booklet: “Privacy Tool Kit,” by D. Johnson
et al. Electronic Messaging Assn., 45 pp. (1994).
• Report: “Directive on the protection
of individuals with regard to the processing of personal data and on the free
movement of such data,” European Union:
• Book: “Regulating
Privacy,” by Colin Bennett, - Data protection and public policy in
• Catalog: “Information Security,” a 48
pp. color catalog that contains books on viruses, encryption, computer fraud,
website and PC security, disaster recovery, firewalls, ethics, etc. (717)
258-1816.
• Law Review: “Demotion and discharge of
municipal employees in
• Law Review: “Legal Regulation of
Employment Reference Practices,” by J. Hoult Verkerke,
• Law Review: “A practical guide to
hiring and firing public employees,” 29 (2) The Urban Lawyer (ABA) 293-308
(Spring, 1997); abasvcctr@abanet.org.
• Article: “Employment
Information Release Agreements,” by Daniel J. Schofield, FBI Law Enf. Bulletin Dec. 1996; www.fbi.gov/ (full text).
• Law Review: “English only rules in the
workplace,” 15 (2) The Labor Lawyer (ABA) 295-308 (Fall 1999), abasvcctr@abanet.org.
• Article: “EEOC ‘English-only’
challenges rising,” 66 Law Week (BNA) 2375.
EEOC challenges rose from 8 per quarter in FY 96/7 to 14 filed between
Oct/Dec 1997. Under the agency’s guidelines, a worker establishes a prima facie
disparate impact cause of action by showing the very existence of the policy;
see 29 CFR §1606.7(a),(b).
• Law Review: “Police Reform and the
Department of Justice: An Essay on Accountability,” by Debra Livingston,
• Article: “Disclosing officer
misconduct: a constitutional duty,” 65 (6) FBI Law Enf.
Bull. 27-32 (July 1996); Internet URL www.fbi.gov/ (full text).
• Report: “Hair assays for drugs of
abuse in a probation population: implementation of a pilot study in a
correctional field setting,” NCJ 152420.
Dept. of Justice.
• Article: “Hair analysis as a drug
detector,” NCJ 156434. Dept. of Justice.
•
Law Review: “Comment: Corroborating Confessions: An Empirical Analysis
of Legal Safeguards Against False Confessions,” by Corey J. Ayling,
Univ. of Wisconsin, Jul-Aug. 1984, 1984 Wis. L. Rev. 1121 (52,035 words).
EXCESSIVE FORCE (BY PEACE OFFICERS)
• Article: “ ‘We Own the Night’- Amadou Diallo’s Deadly Encounter
with
• Article: “Warrior Cops: The Ominous
Growth of Paramilitarism in American Police
Departments,” Cato Institute Briefing Paper No. 50,
•
Law Review: “Patterns of Injustice: Police Brutality in the Courts,” by
Prof. Susan Bandes, DePaul Univ. Col. of Law, 47
Buffalo L. Rev. 1275, Buffalo Law Review, Fall, 1999 (33,784 words).
• Law Symposium: “Police violence:
Causes and cures,” Brooklyn Law School
Journal of Law and Policy, 7 J.L. & Pol’y
111 (1998).
• Law review: “Can Soldiers Be Peace
Officers? The Waco Disaster and the Militarization
of American Law Enforcement,” by David Kopel and Paul
Blackman, Akron Law Review, 1997, 30
• Law Note: “Psychological health tests
for violence-prone police officers: Objectives, shortcomings, and alternatives,”
Stanford Law Review, 46 Stan. L. Rev. 1717 (1994).
• Law Review: “Psychological Health
Tests for Violence-Prone Police Officers: Objectives, Shortcomings, and
Alternatives” by Michelle A. Travis, 46 Stanford L. Rev. 1717 July, 1994
(36,405 words).
• Law Review: “Bifurcation of Civil
Rights Defendants: Undermining Monell in Police
Brutality Cases,”
• Law Symposium: “Reform of the
Exclusionary Rule: It is Broken: Breaking the Inertia of the Exclusionary Rule,”
Pepperdine Univ. Law Review, 1999, 26 Pepp. L. Rev. 971 (28,639 words).
• Law Review, “Confessions, search and
seizure and the Rehnquist court,”
FAMILY, MEDICAL AND PERSONAL LEAVE
• Law Note: “The
Family and Medical Leave Act of 1993: Proving or defending a claimed violation,”
by Richard Stevens, Suffolk Journal of Trial & Appellate Advocacy, 1999, 4
• Law Review: “Absenteeism
under the Family and Medical Leave Act and the Americans with Disabilities Act,”
50 DePaul L. Rev. 183 (2000).
FIRST AMENDMENT RIGHTS OF PUBLIC
EMPLOYEES
• Law Review: “Constitutional Law --
Supreme Court Restricts First Amendment Rights of Public Employees,” by Stevan Dittman, Tulane Law
Review, Jan., 1984, 58 Tul. L. Rev.
831 (10,814 words).
• Law Review: “Gang Loitering, the
Court, and Some Realism about Police Patrol,” by Debra Livingston,
• Law Note: “Medical
Records and Your Privacy: Developing Federal Legislation to Protect Patient
Privacy Rights,” (2000) 26 Am. J. L. and Med. 453, Boston University School of
Law and American Journal of Law & Medicine (16,721 words).
• Law Review: “A Critical Analysis of Health
and Human Services’ Proposed Health Privacy Regulations in Light of The Health
Insurance Privacy and Accountability Act of 1996,” 9 Ann. Health L. 1, Annuals
of Health Law, Loyola University Chicago Institute for Health Law 2000 (34,642
words).
• Law Review: “Health
and human services’ privacy proposal: A failed attempt at health information
privacy protection,” 40 Brandeis L.J. 1065, Brandeis Law
Journal,
• Law Review: “The
Vulnerability of HIPPA Regulations to First and Fourth Amendment Attack: An
Addendum to Evolving Constitutional Privacy Doctrines Affecting Healthcare
Enterprises,” 56 Food Drug L.J. 281, The Food and Drug Law Institute, Food and
Drug Law Journal, 2001 (16,497 words).
• Law Review: “Is too
much privacy bad for your health? An introduction to the law, ethics, and HIPPA
rule on medical privacy,” 17 Ga. St. U.L. Rev. 481, Georgia State Univ. Law Review,
Winter 2000 (22,897 words).
• Law Review: “Privacy
rights in personal information: HIPPA and the privacy gap between fundamental
privacy rights and medical information,” 19 J. Marshall J. Computer & Info.
L. 535, The John
• Law Review: “Genetic privacy and
discrimination: a survey of state legislation,” 39 (3) Jurimetrics (ABA)
317-326 (1999).
• Law Review: “Symposium on genetic
privacy,” nine articles covering laws, insurance, privacy, etc., 40 (1) Jurimetrics
(ABA) 1-152, Fall 1999.
• Law Review: “Genetic privacy and
discrimination: a survey of state legislation,” 39 (3) Jurimetrics (ABA)
317-326 (1999), ABA Sci. & Techn.
Section, abasvcctr@abanet.org. This is a comparison of the 44 states that
had genetic privacy and/or discrimination legislation as of Jan. 1999.
• Law Review: “No shoes, no shirt, no
education: dress codes and freedom of expression behind the postmodern
schoolhouse gates,” 9 Seton Hall Const. L.J. 337 (1999).
• Law Review: “Secondhand Codes: An
Analysis of the Constitutionality of Dress Codes in the Public Schools,” 80
• Law Review: “Employees’ personal
appearance,” 11 (2) The Labor Lawyer (
• Law Review: “Suits for the hirsute:
defending against
• Article: “Grooming and weight
standards for law enforcement: the legal issues,” 63 (7) FBI Law Enfor. Bull. 27-32 (Jul. 1994); www.fbi.gov/ (full text).
• Law Review: “Only girls wear
barrettes: dress and appearance standards, community norms, and workplace
equality,” 92
• Law Review: “A hair piece:
perspectives on the intersection of race and gender,” 1991 Duke L.J. 365
(1991).
• Law Review: “Restricting gang clothing
in public schools: does a dress code violate a student’s right of free
expression?,” 64 S. Cal. L. Rev. 1321 (1991).
• Law Review: “Soul Rebels: The
Rastafarians and the Free Exercise Clause,”72 Geo. L.J. 1605 (1984).
• Article: Law enforcement officers in
• Article: “Managing Sick and Injured
Employees,” by C, McNaught and D. Schofield, FBI Law Enfor. Bull., Jan. 1998; www.fbi.gov/ (full text).
• Article: “Carcinogenic corrections:
environmental health conditions impact correction employees,”14 (12) Crime
& Jus. Intrntl. 9 (Jan. 1998).
Reprints: UIC/OICJ,
• Article: “Public Health Service
Guidelines for the Management of Health-Care Worker Exposures to HIV and Recommendations
for Postexposure,” was published by the Centers for
Disease Control in May, and can be downloaded in PDF format at ftp://ftp.cdc.gov/pub/Publications/mmwr/rr/rr4707.pdf.
• Article: “Occupational exposure to
environmental tobacco smoke (ETS),” 274 (12) JAMA 956-60 (
•
Law Note: “Involuntary Exposure to Second-Hand Smoke in Prison Supports
a Valid Cruel and Unusual Punishment Claim if the Risk to One’s Health is
Unreasonable and Prison Officials are Indifferent to that Risk - Helling v. McKinney, 113 S. Ct. 2475 (1993), Seton Hall
Univ. Law Review, 1994, 25 Seton Hall L. Rev. 314 (27,744 words).
•
Law Note: “Pregnant Inmates’ Right to Health Care,” by Mary McGurrin, New England Journal on Criminal and Civil
Confinement, Winter, 1993, 20 N. E. J. on Crim. &
Civ. Con. 163 (16,298 words).
• Article: “The Family and Medical Leave
Act of 1993, by J. Higginbotham, FBI Law Enfor. Bull., Dec. 1993; www.fbi.gov/
(full text).
MENTAL ILLNESS - POLICE RESPONSE TO
• Article: “Law
Enforcement’s Response to People with Mental Illness,” by Michael Klein, FBI
Law Enforcement Bulletin (March, 2002).
• Article: “Civil
Liability and Mental Illness: A Proactive Model to Mitigate Claims,” by Rodney
Hill, Esq., Police Chief (June 2001).
• Booklet: “The Police Response to People with
Mental Illnesses -- Including Information on the Americans with Disabilities
Act Requirements and Community Policing Approaches: A Trainers Guide and Model
Policy,” Police Executive Research Forum, Libr. of Congr. Catalogue No 97-75599,
ISBN 1-878734-55-5 (1997).
• Training materials:
“Dealing with the Mentally Ill,” Training Key #487 (1998) and “Dealing with the
Mentally Ill, IACP Model Policy, Intern. Assn. of Chiefs of
Police (1997).
• Law Review: “Employees with Mental and
Emotional Problems -- Workplace Security and Implications of State
Discrimination Laws, the Americans with Disabilities Act, the Rehabilitation
Act, Workers’ Compensation, and Related Issues,” by Janet E. Goldberg, Stetson
Law Review (Fall 1994) 24 Stetson L. Rev. 201 (21,010 words, 240 notes).
MOTOR VEHICLE LAWS AND SEARCHES
Also see Canines (use of police dogs), Race Relations and the Police; Profiling
and Search and Seizure.
• Article: “The Motor Vehicle Exception:
When and Where to Search,” by Lisa Regini, FBI Law Enfor. Bull., July, 1999; www.fbi.gov/ (full text).
• Law Review: “Without a warrant,
probably cause or reasonable suspicion: Is there any meaning to the Fourth
Amendment while driving a Car?,” Houston Law Review, Spring, 1999, 35 Hous. L. Rev. 1683 (27,692 words).
• Law Review: “Beyond privacy, beyond
probable cause, beyond the Fourth Amendment: New strategies for fighting
pretext arrests,”
• Law Note: People v. Barnes: George
Orwell’s 1984 Revisited: Unbridled and Impermissible Police Use of Computer
Power in the Modern Age,” by Sam L. Amirante, Loyola
Univ. Chicago Law Journal, Summer, 1997,28 Loy. U. Chi. L.J. 667 (10,002 words).
•
Law Note: “The Unreasonable Expectation of Privacy: The ‘New’ New Jersey
Supreme Court Reevaluates State Constitutional Protections, by Scott Carbone, Seton Hall Univ. Law Review, 30 Seton Hall L. Rev.
361 (19,873 words).
• Law Note: “
• Article: “Pretext Traffic Stops: Whren v.
NEGELIGENT FAILURE TO PROTECT CRIME VICTIMS
•
Law Review: “The Unusual Suspects: Journalists as Thieves,” by William
E. Lee, College of William and Mary William & Mary Bill of Rights Journal,
Dec. 1999, 8 Wm. & Mary Bill of Rts. J. 53
(50,343 words)
• Law Review: “Privacy and the First
Amendment Right to Gather News,” by Rodney A. Smolla,
George Washington Law Review, Jun-Aug, 1999, 67 Geo.
•
Law Review: “Comment: Much Ado About Newsgathering: Personal Privacy,
Law Enforcement,” and the Law of Unintended Consequences for Anti-Paparazzi
Legislation, by Andrew D. Morton,
• Law Symposium: “Privacy and the Law:
The Media’s Intrusion of Privacy: Privacy and the First Amendment Right to
Gather News,” by Rodney A. Smolla, George Washington
Law Review, Jun/Aug 1999, 67 Geo.
•
Law Review: “Secrets and Lies: News Media and Law Enforcement Use of
Deception as an Investigative Tool, by Bernard Bell, Univ. of Pittsburgh Law
Review, Spring, 1999, 60 U. Pitt. L. Rev. 745 (57,867 words).
• Law Review: “Secrets and Lies: News
Media and Law Enforcement Use of Deception as an Investigative Tool,” by
Bernard W. Bell,
• Law Note: “Police Liability for the
Media ‘Ride-Along,’” by David E. Bond, Boston Univ. Law Review, October, 1997,
77 B.U.L. Rev. 825(31024 words).
• Law Review: “Note: Outtakes, Hidden
Cameras, and the First Amendment: A Reporter’s Privilege,” by Alison
• Law Symposium: the
Rampart scandal: “Policing the criminal justice system: an independent analysis
of the Los Angeles Police Department's board of inquiry report on the Rampart
scandal,” by Erwin Chemerinsky, Loyola of Los Angeles
Law Review (Jan. 2001) 34 Loy. L.A. L. Rev. 545 (41,244
words).
• Law Symposium: the
Rampart scandal: “Policing the criminal justice system: Changing police
culture: the sine qua non of reform,” by Robert W. Benson, Loyola of Los
Angeles Law Review (Jan. 2001) 34 Loy. L.A. L. Rev. 681
(3,694 words).
• Law Note: “The Failure to Breach the
Blue Wall of Silence: The Circling of the Wagons to Protect Police Perjury,” by
Jennifer E. Koepke, Washburn Law Journal, Winter
2000, 39 Washburn L.J. 211 (24,920 words).
• Law Review: “Breaking the Code of
Silence: Rediscovering “Custom” in Section 1983 Municipal Liability,” by Myriam Gilles, Boston University Law Review, Feb. 2000, 80
B.U.L. Rev. 17 (49,382 words).
• Law Review: “The ‘blue wall of silence’
as evidence of bias and motive to lie: a new approach to police perjury,”
• Law Review: “Deceit, pretext, and
trickery: Investigate lies by the police,”
•
Law Review: “Is legal ethics asking the right questions?” by A. Dershowitz, Hofstra Univ. School
of Law, Journal of the Institute for the Study of Legal Ethics, 1 J. Inst.
Stud. Leg. Eth. 15 (1996).
• Law Note: “Reform: The Police: Testilying: Police Perjury and What to do About It,” by
Christopher Slobogin, Fall, 1996, 67 U.
POLITICAL ACTIVITY OF POLICE PERSONNEL
• Law Review: “Blue by Day and White by
Knight: Regulating the Political Affiliations of Law Enforcement and Military
Personnel, “ by Robin D. Barnes, Iowa Univ. Law Review, May, 1996, 81
• Book:
“Detection of Deception”, Electrodermal
Activity in Psychological Research, W. Prokasky &
D. Raskin (1973).
• Article: “The Case Against the
Polygraph,” 51 Amer. Bar Assn. Journal 855 (1965); abasvcctr@abanet.org.
Also see Health Care
• Article: “The
malleability of constitutional doctrine and its ironic impact on prisoners’
rights,” The Boston Public Interest Law Journal (Fall, 2001) 11 B.U. Pub. Int. L.J. 73 (13611 words).
• Law Comment: “A decade after Smith: an
examination of the New York Court of Appeals’ stance on the free exercise of
religion in relation to Minnesota, Washington, and California,” Albany Law
Review ( 2000) 63 Alb. L. Rev. 1305 (26853 words).
• Law Review: “First
Amendment law: in contempt of contempt? Religious motivation as a reason to
mitigate contempt sanctions,” New York Univ. School of Law, Annual Survey of
American Law (1999)
Ann. Surv. Am. L. 295 (16404
words).
• Law Review: “Cruel and Unusual
Punishment in United States Prisons: Sexual Harassment Among Male Inmates,” by
James E. Robertson, Amer. Criminal Law Review, Winter 1999, 36 Am. Crim. L. Rev. 1 (37,465 words).
• Article: “Prison Management Trends,
1975-2025,” Crime and Justice, 1999, 26 Crime & Just. 163
(16,983 words).
• Article: “Medical Care in Prisons,” Crime
and Justice, 1999, 26 Crime & Just. 427 (23,245 words).
• Law Comment: The Eighth Amendment and
Solitary Confinement: The Gap in Protection from Psychological Consequences,
DePaul Law Review, Winter, 49 DePaul L. Rev. 567 (31,238 words).
• Law Review: “Substantive Rights
Retained by Prisoners,” Georgetown Law Journal, May, 1999, 87 Geo. L.J. 1904
(43,307 words).
• Law Review: “The
failure of RFRA,”
• Law Review: “Prisoners’ Rights,
Georgetown Law Journal, April, 1997, 85 Geo. L.J. 1561 (65,732 words).
• Law Article: History Repeats Itself in
the Resurrection of Prisoner Chain Gangs:
• Law Comment: “International Protection
of the Rights of Prisoners: Is Solitary Confinement in the
• Law Review: “Federal Standards for Sex
Offender Registration: Public Disclosure Confronts the Right to Privacy,”
William & Mary Law Review, Fall 1995, 37 Wm. and Mary L. Rev. 299 (23,964
words).
• Law Comment: “Prisoner Health Care: Is
it Proper to Charge Inmates for Health Services?”
• Law Note: “Constitutional
law-Free exercise clause-sacrificial rites become Constitutional rights on the
altar of Babalu Aye,”
• Law Review: “Prisoners and the FLSA:
Can the American taxpayer afford extending prison inmates the federal minimum
wage?” by Alexander Wellen, Temple Univ. Law Review,
Spring, 1994, 67
See Surveillance, Infiltration and
Monitoring and Workplace
Privacy
• Law Review: “To Catch a Thief: The
Private Employer’s Guide to Getting and Keeping an Honest Employee,” by
Rochelle B. Ecker,
PRIVATIZATION OF PRISONS AND CRIMINAL JUSTICE
• Law Note: “The Impact of
Constitutional Liability on the Privatization Movement After
• Law Review: “Prison Management Trends
1975-2025,” by Chase Riveland,
• Law Note: Should Qualified Immunity Be
Privatized?: The Effect of Richardson v. McKnight on Prison Privatization and the
Applicability of Qualified Immunity Under 42 U.S.C. §1983,” By Alyssa Van Duizend, Connecticut Law Review, Summer, 1998, 30
• Law Note: “
• Law Comment: “Private Jails in
• Law Review: “Recent Development:
Privatizing Section 1983 Immunity: The Prison Guard’s Dilemma After
• Law Review: “The Due Process Failure
of America’s Prison Privatization Statutes,” by Warren L. Ratliff, Seton Hall
Univ. Legislative Journal, 1997, 21 Seton Hall Legis.
J. 371 (26,402 words).
• Law Review: “Privatizing Section 1983
Immunity: The Prison Guard’s Dilemma,” by Daniel J. Juceam,
Harvard Journal of Law & Public Policy, Fall, 1997, 21 Harv.
J. L. & Pub. Pol’y 251 (14,497 words).
• Law Review: “Furthering The Accountability Principle In Privatized Federal Corrections:
The Need For Access To Private Prison Records,” by Nicole B. Casarez, Univ. of Michigan Law School, Winter, 1995, 28 U.
• Law Note: “Private Prisons: Can They
Work? Panopticon
in the Twenty-First Century,” by John G. DiPiano, New
England Journal on Criminal and Civil Confinement, Winter, 1995, 21 N.E. J. on Crim. & Civ. Con. 171 (16,155 words).
• Law Review: “To Catch a Thief: The
Private Employer’s Guide to Getting and Keeping an Honest Employee,” by
Rochelle B. Ecker,
• Law Review: “The Legal Dimensions of
Private Incarceration,” by Ira P. Robbins, American Univ. Law Review, Spring,
1989, 38 Am. U.L. Rev. 531 (53,529 words).
•
Law Review: “The Impact of the Delegation Doctrine on Prison
Privatization,” by Ira P. Robbins, Univ. of California Law Review, June, 1988,
35 UCLA L. Rev. 911 (21,585 words).
• Law Symposium: “Privatization of
Prisons: The Privatization of Correctional Institutions: The
• Law Review: “Unconscious
bias and self-critical analysis: The case for a qualified evidentiary equal
employment opportunity privilege,” 74 Wash. L. Rev. 913 (1999).
• Law Note: “Is a
personality test a pre-job-offer medical examination under the
• Law Note: “Beyond Jaffee v.
• Law Note: “The
Quest For the Honest Worker: A Proposal for Regulation of Integrity Testing,”
49 SMU L. Rev. 329 (1996).
• Law Note: “Integrity
tests: do they have any integrity?,” 6 Cornell J. L. & Pub. Pol’y 211
(1996).
• Law Review: “Employees
with mental and emotional problems -- workplace security and implications of
state discrimination laws, the
• Law Review: “Preplacement Examinations and ob-Relatedness: How to
Enhance Privacy and Diminish Discrimination in the Workplace,” 49 U.
• Law Note: “To catch
a thief: The Private Employer’s Guide to Getting and Keeping an Honest Employee,”
63 UMKC L. Rev. 251 (1994).
• Law Review: “Privacy
regulation of computer-assisted testing and instruction,” 63 Wash. L. Rev. 841
(1988).
• Law Review: “Medical
and Psychotherapy Privileges and Confidentiality: On Giving With One Hand and
Removing With the Other,” 75
• Article: “The development, marketing
and use of integrity tests in the American workplace,” by William Harris,
• Book: “Mandating psychological
evaluation of employees,” National Safe Workplace Institute, Charlotte NC, $49
ea. (704) 841-1175. (Oct. 1996).
• Article: A Cross-Validation Study of
Police Recruit Performance as Predicted by the IPI and MMPI, 15 (2) Journal of
Police Science & Adm. (IACP) 162 (June 1987) with many additional
references listed on p. 169.
RACE DISCRIMINATION IN EMPLOYMENT
RACE RELATIONS AND THE POLICE; PROFILING
• Law Review: “Law
enforcement by stereotypes and serendipity: Racial profiling and stops and
searches without cause,” by David Rudovsky,
• Law Review: “Driving
While Black: A Skeptical Note,” by Stephan Michelson,
Jurimetrics, American Bar Assn. (Winter 2004) 44 Jurimetrics J. 161-179 (9758
words)
• Law Review: “Stop
in the Name of the Law”: What Law? Racial Profiling and Police Practice in
• Law Review: “Defining
Racial Profiling in a Post-September 11 World,” by Ramirez, Hoopes
and Quinlan, American Criminal Law Review,
• Law Review: “Remedying
Racial Profiling,” by Brandon Garrett,
• Law Review: “Road
Work: Racial Profiling and Drug Interdiction on the Highway,”by
Gross and Barnes,” Michigan Law Review (Dec. 2002) 101 Mich. L. Rev. 651 (43,347
words).
• Law Review: “Race-Based Suspect
Selection and Colorblind Equal Protection Doctrine and Discourse,” by R.
Richard Banks (
•
Law Review: “Street Stops and Broken Windows: Terry, Race, and Disorder
in New York City,” by Jeffrey Fagan and Garth Davies, Fordham
University School of Law, Fordham Urban Law Journal,
Dec. 2000, 28 Fordham Urb. L.J. 457 (17,600 words).
• Law Review: “Is
• Law Review: “Cops, Community Policing
and the Social Norms Approach to Crime Control,” by Sarah E. Waldeck, Univ, of
• Law Review: “Prosecuting Violence: A
Colloquy on Race, Community, and Justice,” by Richard Delgado, Leland Stanford
Univ. Law Review, Apr. 2000, 52 Stan. L. Rev. 751, (12,910 words).
• Law Review: “Roundtable: Law and
Disorder: Is Effective Law Enforcement Inconsistent With Good Police-Community
Relations?”
• Law Review: “Standing While Black:
Distinguishing
•
Law Note: “Why Modest Proposals Offer the Best Solution for Combating
Racial Profiling,” by Sean P. Trende, 2000 Duke Law
Journal, Duke Law Journal, Oct. 2000, 50 Duke L.J. 331 (19,792 words).
• Law Review: “Fear and Fairness In The
City: Criminal Enforcement and Perceptions of Fairness in Minority Communities,”
by Richard R.W. Brooks,
• Law Review: “Is
• Law Review: “Cops, Community Policing
and the Social Norms Approach to Crime Control,” by Sarah E. Waldeck, Univ, of
• Law Review: Prosecuting Violence: A
Colloquy on Race, Community, and Justice,” by Richard Delgado, Leland Stanford
Junior Univ., Stanford Law Review, April 2000, 52 Stan. L.
Rev. 751 (12,910 words).
• Report: “Race,
Ethnicity, and Serious and Violent Juvenile Offending,” June 2000, DoJ Office
of Juvenile Justice and Delinquency Prevention.
• Report: “Punishment and Prejudice:
Racial Disparities in the War on Drugs,” Human Rights Watch, June 2000 http://www.hrw.org/press/.
• Report: “Scope of Race-Based
Inequality in American Criminal Justice System,” Leadership Conference on Civil
Rights, May 2000, www.civilrights.org/.
• Law Review: “With an Evil Eye and an
Unequal Hand: Pretextual
Stops and Doctrinal Remedies to Racial Profiling,” Wesley MacNeil
Oliver, 74 Tul. L. Rev. 1409, Tulane Law Review,
March, 2000 (40,381 words).
• Law Review: “Eradicating Racial
Stereotyping From Terry Stops: The Case
For An Equal Protection Exclusionary Rule,” 71 U.
• Book: “No Equal Justice: Race and
Class in the American Criminal Justice System,”
by Prof. David Cole, published by The New Press (1999).
•
Law Review: “Civil Rights in The Next Millennium: Any Way You Slice it:
Why Racial Profiling is Wrong,” by Reginald T. Shuford,
Saint Louis University School of Law, S.L.U. Public Law Review, 1999, 18 St.
Louis U. Pub. L. Rev. 371 (4,248 words).
• Law Review: “The Stories, the
Statistics, and the Law: Why ‘Driving While Black’ Matters,” by David A.
Harris, 84
• Law Review: “The Stories, the
Statistics, and the Law: Why ‘Driving While Black’ Matters,” by David A.
Harris, 84
•
Law Review: “Stopping the Usual Suspects: Race and the Fourth Amendment,”
by Anthony C. Thompson, 74 N.Y.U.L. Rev. 956, New York Univ. Law Review,
October, 1999 (33,043 words).
•
Law Review: “Neutrality of the Equal Protection Clause,” by K.G. Jan Pillai, Hastings Coll. of the Law, Hastings Constitutional
Law Quarterly, Fall 1999, 27 Hastings Const. L.Q. 89 (37,066 words).
• Law Review: “Driving While Black”:
Corollary Phenomena and Collateral Consequences,” by Katheryn
K. Russell, Boston College Law Review, May 1999, 40 B.C. L. Rev 717 (8,155
words).
•
Law Review: “New Jersey Law and Police Response to the Exclusion of
Minority Patrons, from Retail Stores Based on the Mere, Suspicion of
Shoplifting,” James L. Fennessy, 9 Seton Hall Const.
L.J. 549, Constitutional Law Journal,
Seton Hall University, Spring, 1999 (34,470 words).
• Law Review: “Race, Vagueness, and The
Social Meaning of Order-Maintenance Policing,” Northw.
Sch. of Law, Journal of Criminal Law & Criminology, Spring
1999, 89 J. Crim. L. & Criminology 775 (29,165
words).
• Law Review: “Challenging Selective
Enforcement of Traffic Regulations ... and the Evolution of Police Discretion,”
by Christopher Hall, 76
• Law Review: “Challenging Selective
Enforcement of Traffic Regulations ... and the Evolution of Police Discretion,”
by Christopher Hall, 76
• Law Review: “Eliminating Consent From
the Lexicon of Traffic Stop Interrogations, 27 Cap. U.L. Rev.
79,” Capital Univ. Law Review, 1998 (31,310 words).
• Law Review: “Just Another Gang: When
the Cops Are Crooks Who Can You Trust?”
by Andre Cummings, Howard Univ. Sch. of Law, 41 How. L.J. 383, Howard
University, Washington DC, Winter, 1998 (14,926 words)
• Law Review: “Race and the Fourth
Amendment,” by Prof. Tracey Maclin,
•
Law Review: “Terry and Race: Black Men and Police Discretion,” by Prof.
Tracey Maclin, Boston Univ. Sch. of Law, 72 St. John’s
L. Rev. 1271, St. John’s Univ., Jamaica, NY, Summer / Fall, 1998 (26,113 words).
•
Law Review: “Prosecution and Race: the Power, and Privilege of
Discretion,” by Prof. Angela J. Davis,
Amer. Univ., 67 Fordham L. Rev. 13, Fordham Law Review, October, 1998 (34,607 words).
•
Law Review: “Driving While Black and All Other Traffic offenses: The
Supreme Court and Pretextual Traffic Stops,” by David
A. Harris, 87 J. Crim. L. & Criminology 544,
Journal of Criminal Law & Criminology, Northw.
•
Law Review: “Traffic Stops, Minority Motorists, and the Future of the
Fourth Amendment,” by David A. Sklansky, Univ. of
Chicago, 1997 Supreme Court Review, 1997 Sup. Ct. Rev. 271 (34,875 words).
• Law Review: “Race and Pretextual Traffic Stops,” by Sean Hecker,
Esq., 28 Colum. Human Rights L. Rev. 551,
•
Law Review: “DWB (Driving While Black)” and Equal Protection: The
Realities of An Unconstitutional Police Practice, 6 J.L. & Pol’y 291, Journal of Law and Policy, 1997 (17,669 words).
• Law Comment: “The Birth of the Crime:
Driving While Black (DWB),” 25 S.U. L. Rev. 195, Southern Univ. Law Review,
Southern Univ. Law Center, Fall, 1997 (17,570 words).
• Law Review: “The Age of Unreason: The
Impact of Reasonableness, Increased Police Force, and Colorblindness on Terry ‘Stop
And Frisk’,” by Omar Saleem, Winter, 1997, 50
•
Law Review: “After Whren v. U.S.: Applying the
Equal Protection Cluase to Racially Discriminatory
Enforcement of the Law,” by Carl J. Schifferle, 2
Mich. L. & Pol’y Rev. 159, Univ. of Mich. Law
School, Mich. Law & Policy Review, 1997 (15,564 words).
• Law Review: “Race, Cops, and Traffic
Stops,” by Angela J. Davis, 51 U.
• Law Review: “The Myth of the Good Cop
and the Inadequacy of, Fourth Amendment Remedies for Black Men,” by Prof. Robin
K. Magee,
•
Law Review: “Frisking Every Suspect: The Withering of Terry,” by Prof.
David A. Harris, Univ. of Toledo, 28 U.C. Davis L. Rev. 1, Univ. of California
at Davis, Fall, 1994 (27,789 words).
• Law Review: “‘The Black Community,’
Its Lawbreakers, and A Politics Of Identification,” by
•
Law Review: “Not a Law at All: A Call for a Return to the Common Law
Right to Resist Unlawful Arrest, by Craig Hemmens and
Daniel Levin, 29 Sw. U. L. Rev. 1, Southwestern Univ.
Law Review, 1999 (27,842 words).
•
Law Review: “Law Enforcement Officers in Public Schools: Student
Citizens in Safe Havens?” by J. Stefkovich & J.
Miller, Brigham Young Univ. Law School, B.Y.U. Educ. and Law Jour., Winter
1999, 1999 BYU Educ. & L. J. 25 (21,864 words).
•
Law Review: “Law Enforcement Officers in Public Schools: Student
Citizens in Safe Havens?” by J. Stefkovich & J.
Miller, Brigham Young Univ. Educ. and Law Journal, Winter 1999, 1999 BYU Educ.
& L. J. 25 (21,864 words).
• Law Review: “Searches in the Absence
of Individualized Suspicion: The Case of Vernonia
School District 47J v.
• Law Review: “The warrantless
use of thermal imaging and ‘intimate details’: Why growing pot indoors and
washing dishes are similar activities under the Fourth amendment.” Catholic
Univ. Law Review, Winter, 2000, 49 Cath.
U.L. Rev. 575 (23,745 words, 262 footnotes).
• Law Review: “The Development of Search
and Seizure Law in Public Schools,” by Bill O. Heder,
Brigham Young University Law School Education and Law Journal, Winter, 1999,
1999 BYU Educ. & L. J. 71 (22,521 words).
• Law Review: “Comment: Concealed Weapon
Detectors and the Fourth Amendment: TheConstitutionality
of Remote Sense-Enhanced Searches,” by Laura B. Riley,
• Law Review: “Superman’s X-Ray Vision
and the Fourth Amendment: The New Gun Detection Technology,” by David A.
Harris, Temple Univ. Law Review, Spring, 1996, 69
• Law Review: “Police tactics, drug
trafficking, and gang violence: why the no-knock warrant is an idea whose time
has come,” by Donald B. Allegro, University of Notre Dame, 1989, 64 Notre Dame
L. Rev. 552 (14,109 words).
• Law Review: Radford, “Sex stereotyping
and the promotion of women to positions of power,” 41 Hastings L.J. 471 (1990).
• Law Review: Struth,
“Permissible sexual stereotypings versus
impermissible sexual stereotyping: a theory of causation, 34 N.Y.L. Sch. L.Rev. 679 (1989).
• Annotation: “Sex Discrimination in Law Enforcement and
Corrections Employment,” 53 ALR Fed. 31-109 (1981); this is a 79 page
collection of cases; also see 29 ALR Fed. 13.
• Annotation: Sex Discrimination -
Police § 5 “Minimum height or weight,” 53 ALR Fed. 45-54
(1981).
• Law Review: “Past sexual conduct in sexual harassment
cases,” 75 (1) Chicago-Kent Law Rev. (1999), lawreview.kentlaw.edu/.
• Law Review: “Employer defenses to sexual harassment
claims,” 6 Duke J. of Gender L. & Policy 27 (1999).
• Law Review: “Sexual harassment in
• Law Review: Hope A. Comisky Esq., “Beware of the alleged harasser - lawsuits by
those accused of sexual harassment,” 12 (2) The Labor Lawyer (ABA) 277-290
(1996), abasvcctr@abanet.org.
• Law Review: “Note: “‘Megan’s Laws’
Reinforcing Old Patterns of Anti-Gay Police Harassment,” by Robert L. Jacobson,
Georgetown Law Journal, July, 1999, 87 Geo. L.J. 2431 (25,472 words).
• Law Review: “Homosexual Discrimination
and Government Employment: Shahar v. Bowers - The
Government Employers’ Shield of Public Animosity,” by Jeremy C. Lowe,
• Law Review: “‘Don’t ask, don’t tell;’
A discussion of employee privacy in cyberspace in light of McVeigh
v. Cohen,” by Clifford T. Karafin,
• Article: “Homosexuals in law
enforcement: a contemporary study,” 30 (4) J. Calif. Law Enf.
(CPOA) 77-81 (1997) http://www.cpoa.org/.
• Law Review: “Sexual orientation
discrimination in the workplace: a legal reference guide,” 2 (1) Natl. J. of
Sexual Orient. L 38-84 (an online electronic journal; covers
employment. discrimination cases, laws and harassment). Internet: http://www.ibiblio.org/gaylaw/
•
Law Review: “Reorienting the workplace: Examining California’s new labor
code section 1102.1 and other legal protections against employment
discrimination based on sexual orientation,” by Todd R. Dickey, Univ. of
Southern Calif. Law Review, July, 1993, 66 S. Cal. L. Rev. 2297 (16,663 words).
SURVEILLANCE, INFILTRATION, MONITORING
See also Workplace Privacy
• Law Review: “Privacy
and the reasonable paranoid: The protection of privacy in public places,” by
Elizabeth Paton-Simpson,
• Law Review: “Privacy or Dignity?:
Electronic Monitoring in the Workplace,” by Lawrence E. Rothstein,
New York Law Journal of International & Comparative Law, 2000, 19 N.Y.L.
Sch. J. Int’l & Comp. L. 379 (17,550 words).
• Law Review: “Global
trends in privacy protection: an international survey of privacy, data
protection, and surveillance laws and developments,” 18 J. Marshall J. Computer
& Info. L. 1, The John
• Law Review: “Technology arms peeping
toms with a new and dangerous arsenal: a compelling need for new legislation,”
17 J. Mar. J. Cmptr. & Info. L. 1167 (1999).
•
Law Review: “Permitting Systems Protection Monitoring: When the
Government Can Look and What It Can See,” by Lt. Col. LeEllen
Coacher, Air Force JAG School, The Air Force Law Review, 46 A. F. L. Rev. 155,
1999 (22862 words).
• Law Review: “Electronic Surveillance,”
by Stephanie Goldstein, Georgetown Law Journal, May, 1999, 87 Geo. L.J. 1201
(23,958 words).
• Law Review: “Secrets and Lies: News
Media and Law Enforcement Use of Deception as an Investigative Tool,” by
Bernard W. Bell,
• Law Note: “Facial
recognition technology, video surveillance, and privacy,” by Christopher S.
Milligan, So.
• Law Review: “Video
surveillance and privacy: Implications for wearable computing,” by Amy M. Intille,Suffolk Univ. Law Review (1999) 32
•
Law Review: “Global Trends in Privacy Protection: An International
Survey of Privacy, Data Protection, and Surveillance Laws and Developments,” by David Banisar
and Simon Davies of Privacy International, The John Marshall Journal of
Computer & Information Law, Fall 1999, 18 J. Marshall J. Computer &
Info. L. 1 (59,409 words).
• Law Review: “Electronic Surveillance,”
by Kropf and Brainard,
Georgetown Law Journal, June, 1998, 86 Geo. L.J. 1289 (23,091 words).
• Law Review: “Intelligence agencies,
law enforcement, and the prosecution team,” by Jonathan Fredman,
Yale Law & Policy Review, 1998, 16 Yale L. & Pol’y
Rev. 331 (24,611 words).
•
Law Review: “Investigation and police practice: Electronic surveillance,”
by Sara Kropf and J. Owen Brainard,
Georgetown Law Journal, June, 1998, 86 Geo. L.J. 1289 (23,091 words).
• Law Review: “Revisiting the
Public/Private Distinction: Employee Monitoring in the Workplace,” by S.
Elizabeth Wilborn,
• Law Review: “Technology assisted
physical surveillance,” 10 Harv. J. Law & Tech.
383 (1997).
• Law Review: “Biometric
scanning, law & policy: identifying the concernsb
-- drafting the biometric blueprint,” by John D. Woodward,
• Law Note: “Scowl
because you’re on candid camera: Privacy and video surveillance.” By Quentin Burrows, Valparaiso Univ. Law Review (Summer 1997) 31
Val. U.L. Rev. 1079 (38,324 words).
• Law Review: “Note: Outtakes, Hidden
Cameras, and the First Amendment: A Reporter’s Privilege,” by Alison
• Law Review: “Re-Examining the Attorney
General’s Guidelines for FBI Investigations of Domestic Groups, by David M.
Park, Arizona Law Review, Summer, 1997, 39
• Article: “Warrantless
search in the law enforcement workplace: court interpretation of employer
practices and employee privacy rights under the Ortega doctrine,” 1 (2) Police
Quarterly 51-69, PERF/ACJS (888) 202-4563.
• Article: “Use and Abuse of
Surveillance Videos,” 85 (1) Ill. Bar. J. 22-27 (Jan. 1997).
• Law Review: “Informants and the Fourth
Amendment: a reconsideration,” by Tracey Maclin,
Washington Univ. Law Quarterly, Fall, 1996, 74
• Law Review: “The Comprehensive
Terrorism Prevention Act of 1995,” by Thomas C. Martin, Seton Hall Univ.
Legislative Journal, 1996, 20 Seton Hall Legis. J.
201 (31,299 words).
• Law Review: “Jihad and the
Constitution: The First Amendment Implications of Combating Religiously
Motivated Terrorism,” by Joseph Grinstein, Yale Law
Journal, March, 1996, 105 Yale L.J. 1347 (21,724 words).
• Law Review: “Note: In God We Trust;
All Others Who Enter This Store Are Subject to Surveillance,” by Karen A.
Springer, Federal Communications Law
Journal, December, 1995, 48 Fed. Comm. L.J. 187 (16,585
words).
• Law Review: “Comment: Electronic
Surveillance and the Resulting Loss of Privacy in the Workplace,” by Donald R.
McCartney,
• Law Review: “The
religious freedom restoration act: letting the fox into the henhouse under
cover of section 5 of the Fourteenth Amendment,” Cardozo
Law Review (Dec. 1994) 16 Cardozo L. Rev. 357 (25748
words).
• Law Review: “Note: Restricting
Electronic Monitoring in the Private Workplace,” by Julie A. Flanagan, April,
1994, 43 Duke L.J. 1256 (14275 words).
• Law Review: “Investigation and Police
Practice: Electronic Surveillance,” by Daniel Chepaitis,
Georgetown Law Journal, Mar-Apr, 1994, 82 Geo. L.J. 698 (24,560 words).
• Law Review: “Privacy Issues in the
Private-Sector Workplace: Protection From Electronic Surveillance and the
Emerging Privacy Gap,” by David Neil King,
• Law Review: “Civilian Demonstrations
Near the Military Installation: Restraints On Military Surveillance and Other
Intelligence Activities,” by Major Paul M. Peterson, Military Law Review,
Spring, 1993, 140 Mil. L. Rev. 113 (37558 words).
•
Law Review: “Who’s Watching the Watcher?: The Law of Conspiracy in the
Context of the FBI’s Record of Surveillance of Black Folk in America, Western
State Univ. Law Review, Fall, 1993, 21 W. St. U.L. Rev. 219 (11,044 words).
• Law Review: “After Abscam: An Examination of Congressional Proposals to
Limit Targeting Discretion in Federal Undercover Investigations,” by Katherine Goldwasser, Emory Univ. Law Journal, Winter, 1987, 36 Emory
L.J. 75 (41,133 words).
• Law Note: “
• Law Symposium: “National Security and
Civil Liberties: FBI Surveillance: Past and Present,” Cornell Law Review,
April, 1984, 69 Cornell L. Rev. 785 (17,602 words) and 69 Cornell L. Rev. 883
(7,235 words).
•
Law Review: “The Justiciability and
Constitutionality of Political Intelligence Gathering, by Eric Lardiere, UCLA Law Review, June, 1983, 30 UCLA L. Rev. 976
(47,394 words).
• Law Review: “The First Amendment and
Law Enforcement Infiltration of Political Groups,” by David Berry,
• Article: “British Policing and the
• Book: “Stress management in law
enforcement,” by Leonard Territo and James Sewell,
Carolina Academic Press,
• Article: “The FBI’s critical incident
stress management program and “Managing undercover stress: the supervisor’s
role” Feb. 1999, FBI Law Enfor. Bull.;
www.fbi.gov/ (full text).
• Article: “Ranking police stressors,”
75 (2) Psychological Reports 824-826. Top stressors were from killing someone
in the line of duty and experiencing the line-of-duty death of a fellow officer
(1994).
• Article: “Stressful events,
work-family conflict, coping, psychological burnout, and well-being among
police officers,” 75 (2) Psychological Reports 787-800 (1994). Anonymous responses from 828 officers who responded to a survey in
• Article: “Patterns of PTSD among
police officers following shooting incidents: a two-dimensional model and
treatment implications,” 2 (3) Journal of Traumatic Stress 247-257 (1989).
• Article: “Psychiatric morbidity in
policemen and the effect of brief psychotherapeutic intervention,” 10 (3) Stress Medicine 151-157 (1994).
• Article: “Shooting incidents: does the
memory ever fade?”, by Andrew Smotzer, 9 (2) The
ASLET Journal 52 (Mar/Apr 1994). Discusses the effects of ‘post
shooting trauma’ and ‘critical incident syndrome’ which is the subject of a
FLETC course (Lesson plan 6190.02).
• Book: “Critical Incidents in Policing,”
Dr. James Reese, Editor.
• Law Note: “Treading
the Thin Blue Line: Military Special-Operations Trained Police SWAT Teams and
the Constitution,” by Karan R. Singh, William &
Mary Bill of Rights Journal (Apr. 2001) 9 Wm. & Mary Bill of Rts. J. 673 (23,313 words).
• Law Review: “Can
Soldiers Be Peace Officers? The Waco Disaster and the Militarization of American Law Enforcement,” Akron Law
Review (1997) 30
TERRORISM
• Law Article: “Foreign
Intelligence Surveillance Act Before and After the
TESTING (non
psychological)
Also see Genetic Testing and Medical
Privacy
• Article: “
• Law Review: “Transsexual
Prisoners: How Much Treatment is Enough?” Bradley A. Sultan,
• Law Review: “Female Inmates
Living in Fear: Sexual Abuse by Correctional Officers in the
• Law Review: “Categorical
Exclusions: Exploring Legal Responses to Health Care Discrimination
Against Transsexuals,” by Kari E. Hong,
• Law Review: “When
is an Attempted Rape Not an Attempted Rape? When the Victim
is a Transsexual,” by Katrina C. Rose, American Univ. Journal of Gender, Social
Policy & the Law (2001) 9 Am. U.J.
Gender Soc.
Pol’y & L. 505 (15920 words)
• Law Review: “Trapped”
in Sing Sing: Transgendered Prisoners Caught in the
Gender Binarism,” by Darren Rosenblum,
Michigan Journal of Gender & Law (2000) 6
• Law Review: “The Sexual Continuum:
Transsexual Prisoners,” by Anita C. Barnes, New England Journal on Criminal and
Civil Confinement (Summer, 1998) 24 N.E. J. on Crim.
& Civ. Con. 599 (23378 words).
• Law Review: “The
Predicament of the Transsexual Prisoner,” by Debra Sherman Tedeschi,
VISION STANDARDS
• Article: Vision Standards for Law
Enforcement: A Descriptive Study. Journal of Police Science and Administration. (June, 1984).
• Article: Optics professor publishes
job-related performance oriented eyesight standards study for police
departments. Journal of Police Science and Administration (Sept. 1980).
• Book: “Guide to Wage and Hour
Regulation,” 2d edit. It discusses coverage, exemptions, calculation of wage
and overtime payments, FLSA administration and enforcement of the act. BNA Books, 1-800-372-1033 or www.bna.com/new/cpswhord.htm.
• Article: “Equal benefits for equal
work? The law of domestic partner benefits,” 14 (1) The Labor Lawyer (ABA) 1-22 and 23-52
(Summer, 1998); abasvcctr@abanet.org.
• Law Review: “The impact of electronic
paging and on-call policies on overtime pay under the FLSA,” 11 (2) The Labor
Lawyer (ABA) 231-246 (Summer, 1995); abasvcctr@abanet.org.
• Law Review: “Exempt or not exempt
under the administrative exemption of the FLSA,” 11 (2) The Labor Lawyer (ABA)
209-230 (Summer 1995); abasvcctr@abanet.org.
• Law Review: “The impact of electronic
paging and on-call policies on overtime pay under the FLSA,” 11 (2) The Labor
Lawyer (ABA) 231-246 (Summer 1995); abasvcctr@abanet.org.
• Article: E. Randels,
“The Fair Labor Standards Act: An Administrative Nightmare.” 59 (5) The Police Chief 28-32 (May 1992). Discusses
in-shift meal periods, and standby on-call time.
• Law Review: “Video
Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment
to a World that Tracks Image and Identity,” by Marc Jonathan Blitz, 82
• Article: “Employer
rights and obligations under the FMLA,” 40 (11) For the Defense 21-26, 2004.
Defense Research Institute, www.dri.org
• Law Review: “Beyond
Privacy: Confronting Locational Surveillance in
Wireless Communication,” by David J. Phillips, 8 Comm. L. & Pol’y 1, Communication Law and Policy, 2003 (10,484 words).
• Law Review: “Information Technology and
Workers’ Privacy: A Comparative Study: Part II: National
Studies: Information Technology and Workers’
Privacy: The United States Law,” by Matthew W. Finkin,
23 Comp. Lab. L. & Pol’y J. 471, Comparative
Labor Law & Policy Journal, 2002 (16,992 words).
• Law Review: “Satellite
Tracking and the Right to Privacy,” by
Aaron Renenge, 53 Hastings L.J. 549, U.C. Hastings
College of Law, 2002 (9,480 words).
• Law Review: “Fourth Amendment Privacy
Interests,” by William C. Heffernan, 92 J. Crim. L. & Criminology 1, Journal of Criminal Law &
Criminology (Fall 2001/ Winter 2002), Northwestern Univ. School of Law (54091
words).
• Law Review: “Who
Knows Where You Are? Privacy and Wireless Services,” BY Ellen
Traupman, 10 CommLaw
Conspectus 133, Catholic University of America, 2001 (15,776 words).
• Law Review: “With
Nowhere to Hide: Workers are Scrambling for
Privacy in the Digital Age,” by
Rod Dixon, 4 J. Tech. L. & Pol’y 1, Journal of
Technology Law and Policy, 1999 (15,431 words).
• Law Review: “Global
Trends in Privacy Protection: An International Survey of Privacy, Data
Protection, and Surveillance Laws and Developments,” by Banisar
& Davies, The John Marshall Journal of Computer & Information Law (Fall
1999) 18 J.
• Law Review: “Is
employee privacy an oxymoron?,” 15 Delaware Lawyer 20 (1997).
• Law Note: “A
Constitutional Right to Avoid Disclosure of Personal Matter: Perfecting Privacy
Analysis in J.P. v. DeSanti, 653 F.2d 1080 (6th
Cir.),” 71 Geo. L.J. 219 (1982).
• Law Note: “The
constitutional right to confidentiality,” 51 Geo. Wash. L. Rev. 133 (1982).
• Law Review: “Lights,
Camera, Action! - Surveillance Cameras, Facial Recognition
Systems and the Constitution,” 49 Loy. L. Rev. 773, Loyola Law Review, Winter, 2003 (10790 words).
• Article: “Privacy in the workplace: On
the frontier between the rights of employees and employers,” Amer. Bar Assn.,
available in PDF format at www.bna.com/bnabooks/ababna/rnr/2000/rnrpriv.pdf.
• Report: “Subcommittee of Privacy and
Collateral Torts,” 1999, ABA Committee on Employee Rights and Responsibilities,
www.bna.com/bnabooks/ababna/rnr/2000/rnrpriv.pdf.
• Law Review: “Don’t Ask, Don’t Tell; a
discussion of employee privacy in cyberspace in light of McVeigh
v. Cohen,” by Clifford T. Karafin, Univ. Virginia
Journal of Law and Technology, Fall 1998, 3
• Article: “The Workplace Privacy of Law
Enforcement and Public Employees,” by Michael Bulzomi,
FBI Law Enfor. Bull., June, 1998; www.fbi.gov/ .
• Article: “Electronic monitoring in the
workplace: How arbitrators have ruled,” 52 (4) Dispute Resolution Journal (AAA)
36-44 (Fall 1997). Discusses
privacy, e-mail interception, wiretapping and surveillance. Contact:
usadrpub@arb.com
• Law Review: “It’s my life - Leave me
alone: off the-job employee associational privacy rights,” by Terry Morehead Dworkin, American Business Law Journal, Fall, 1997, 35 Am.
Bus. L.J. 47(35,039 words).
• Law Review: “Privacy in the Workplace,”
by Kevin J. Conlon, Chicago-Kent Law Review, 1996, 72 Chi.-Kent. L. Rev. 285 (6,066 words).
• Law Review: “The Boss’s Eyes and Ears:
A Case Study of Electronic Employee Monitoring and the Privacy for Consumers
and Workers Act,” 12 The Labor Lawyer (ABA) 93, Spring 1996 (10257 words).
• Law Review: “Employee Privacy Rights
in the
• Law Review: “Employees with Mental and
Emotional Problems -- Workplace Security and Implications of State
Discrimination Laws, the Americans with Disabilities Act, the Rehabilitation
Act, Workers’ Compensation, and Related Issues,” by Janet E. Goldberg, Stetson
Law Review (Fall 1994) 24 Stetson L. Rev. 201 (21,010 words, 240 notes).
• Booklet: “Workplace violence: “1996 Workplace violence survey,” Society for
Human Resource Mgmt. It summarizes data compiled on the number of incidents
involving a threat, battery, or armed assault in more than 1,000
organizations. Copies: (703) 548-3440.
• Article: “Violence against women in
the workplace,” 26 (1) The Brief (ABA) 14-19 (Fall 1996); abasvcctr@abanet.org.
• Article: “Kangas,
“The fundamentals of parking lot protection,”
40 (7) Security Management (ASIS) 44-50 (July 1996). www.securitymanagement.com.
• Law Review: Workplace violence:
navigating thru the minefield of legal liab., 11 (2)
The Labor Lawyer (ABA) 171-188 (Summer 1995); abasvcctr@abanet.org.