Framing Legislation Banning the Gay and Trans Panic Defenses

This Article, prepared for the University of Richmond Law Reviewsymposium commemorating the fiftieth anniversary of the Stonewall Riots of 1969, uses the Stonewall Riots as an opportunity to analyze and theorize the political dimensions of legislation banning the gay and trans panic defenses. As a moment of resistance to state violence against LGBTQ people, the Stonewall Riots are a useful platform to examine the historical and current relationship between the state and the gay and trans panic defenses. Drawing on original readings of medical literature, this Article brings the historical role of the state in the growth of gay and trans panic to the surface and discusses how gay and trans panic ideas blur the distinction between state and private violence. As explained below, prominent psychiatrists who created and honed gay and trans panic ideas over time worked for and conducted research in state-run hospitals and prisons

Policing, Danger Narratives, and Routine Traffic Stops

This Article presents findings from the largest and most comprehensive study to date on violence against the police during traffic stops. Every year, police officers conduct tens of millions of traffic stops. Many of these stops are entirely unremarkable—so much so that they may be fairly described as routine. Nonetheless, the narrative that routine traffic stops are fraught with grave and unpredictable danger to the police permeates police training and animates Fourth Amendment doctrine. This Article challenges this dominant danger narrative and its centrality within key institutions that regulate the police. The presented study is the first to offer an estimate for the danger rates of routine traffic stops to law enforcement officers. I reviewed a comprehensive dataset of thousands of traffic stops that resulted in violence against officers across more than 200 law enforcement agencies in Florida over a 10-year period. The findings reveal that violence against officers was rare and that incidents that do involve violence are typically low risk and do not involve weapons. Under a conservative estimate, the rate for a felonious killing of an officer during a routine traffic stop was only 1 in every 6.5 million stops, the rate for an assault resulting in serious injury to an officer was only 1 in every 361,111 stops, and the rate for an assault against officers (whether it results in injury or not) was only 1 in every 6,959 stops. This Article is also the first to offer a comprehensive typology of violence against the police during traffic stops. The typology indicates that a narrow set of observable contextual factors precedes most of this violence—most commonly, signs of flight or intoxication. The typology further reveals important qualitative differences regarding violence during traffic stops initiated for only traffic enforcement versus criminal enforcement. The study has significant implications for law enforcement agencies and courts. The findings and typology have the potential to inform police training and prompt questions about whether greater invocation of police authority during routine stops for traffic violations undermines, rather than advances, both officer and civilian safety. The findings also lay an early empirical foundation for rethinking fundamental assumptions about officer safety and routine traffic stops in Fourth Amendment doctrine. This Article ultimately urges institutional actors that regulate the police to abandon oversimplified danger narratives surrounding routine traffic stops in favor of context-rich archetypes that more accurately reflect the risks and costs of policing during these stops

Systemic Racial Bias and RICO\u27s Application to Criminal Street and Prison Gangs

This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the prosecuted White-affiliated gangs fell into three categories: international organized crime groups, outlaw motorcycle gangs, and White supremacist prison gangs. Some scholars and practitioners would explain these findings by contending that most criminal street gangs are comprised of racial minorities. This Article challenges and problematizes this factual assumption by critically examining the processes by which the government may come to label certain aiminal groups as gangs for RICO purposes. Based on the study findings, the Article argues that this labeling may be driven by systemic racial biases that marginalize entire racial minority groups and privilege mainstream nonimmigrant White communities. These systemic biases are characterized by converging constructions of race and crime, which fuse perceptions of gang-related crime with images of racial minorities. Conflating racial minorities with criminal activity enables the government to rely upon denigrating racial stereotypes in order to engage in invidious practices of racial profiling and to conduct sweeping arrests of racial minorities under RICO. This conflation also shields groups of nonimmigrant White criminal offenders from being conceptualized as gangs and shields nonimmigrant White neighborhoods from the stigma of having gang problems. In practice, this may harm communities that have White gang problems by preventing the government from executing gang-specific interventions within those communities

Bigotry, Civil Rights, and LGBTQ Child Welfare

A Review of Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. By Linda C. McClain

Unconscious bias in the suppressive policing of Black and Latino men and boys: neuroscience, Borderlands theory, and the policymaking quest for just policing

his article applies neuroscience and Borderlands theory to reveal how unconscious bias currently stabilizes suppressive policing practices in America despite new efforts at reform. Illustrative cases are offered from Oakland and Santa Barbara, California, with a focus on civil gang injunctions (CGIs) and youth gang suppression. Theoretical analysis of these cases reveals how the unconscious biases of validity illusions and framing effects operate despite the best intentions of law enforcement personnel. Such unconscious or implicit biases create contradictions between the stated beliefs and actions of law enforcement. In turn, these unintended self-contradictions then work to the detriment of Latino and Black boys. The analysis here also extends to how unconscious biases and unintended self-contradictions can influence municipal policymaking in favor of suppressive police tactics such as CGIs, thereby displacing evidence-based policies that are proven to be far more effective. The article concludes with brief discussion of some of the means by which the unconscious biases – effects to which everyone is involuntarily prone – can be disrupted

Search for dark matter produced in association with bottom or top quarks in √s = 13 TeV pp collisions with the ATLAS detector

A search for weakly interacting massive particle dark matter produced in association with bottom or top quarks is presented. Final states containing third-generation quarks and miss- ing transverse momentum are considered. The analysis uses 36.1 fb−1 of proton–proton collision data recorded by the ATLAS experiment at √s = 13 TeV in 2015 and 2016. No significant excess of events above the estimated backgrounds is observed. The results are in- terpreted in the framework of simplified models of spin-0 dark-matter mediators. For colour- neutral spin-0 mediators produced in association with top quarks and decaying into a pair of dark-matter particles, mediator masses below 50 GeV are excluded assuming a dark-matter candidate mass of 1 GeV and unitary couplings. For scalar and pseudoscalar mediators produced in association with bottom quarks, the search sets limits on the production cross- section of 300 times the predicted rate for mediators with masses between 10 and 50 GeV and assuming a dark-matter mass of 1 GeV and unitary coupling. Constraints on colour- charged scalar simplified models are also presented. Assuming a dark-matter particle mass of 35 GeV, mediator particles with mass below 1.1 TeV are excluded for couplings yielding a dark-matter relic density consistent with measurements