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No Runs, Few Hits, and Many Errors: Street Stops, Bias, and Proactive Policing

ABSTRACT Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient and suggest bias. An unbiased officer...

Rewriting Whren v. United States

ABSTRACT In 1996, the U.S. Supreme Court decided Whren v. United States—a unanimous opinion in which the Court effectively constitutionalized racial profiling. Despite its enduring consequences, Whren remains good law today. This Article rewrites the opinion. We do so, in part, to demonstrate how one might incorporate racial justice concerns into Fourth Amendment jurisprudence, a body of law that...

Deploying Death

ABSTRACT This Article observes that if the U.S. Supreme Court overturns Roe v. Wade, people of color—specifically black people—disproportionately will be impacted by the abortion restrictions that will proliferate in the wake of the decision. In many cases, those forced to terminate unwanted pregnancies under unsafe conditions will be black; some of these people will die. This Article asks about...

Reforms for Radicals? An Abolitionist Framework

ABSTRACT This Article draws on prison abolitionist organizing, campaigns, and intellectual work around the country to offer a framework for thinking about radical reforms rooted in an abolitionist framework. A radical reform (1) shrinks the system doing harm; (2) relies on modes of political, economic, and social organization that contradict prevailing arrangements and gesture at new...