The Problem of Policing
The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess law enforcement practices or predict police conduct. The problem of policing is fundamentally a problem of regulation — a fact largely invisible in contemporary scholarship. While scholars have criticized the conventional paradigm, contemporary scholarship continues to operate within its limits.
Good Cop, Bad Cop: Using Civilian Allegations to Predict Police Misconduct
In response to high-profile cases of police misconduct, reformers are calling for greater use of civilian allegations in identifying potential problem officers. This paper applies an Empirical Bayes framework to data on civilian allegations and civil rights litigation in Chicago to assess the predictive value of civilian allegations for serious future misconduct. We find a strong relationship between allegations and future civil rights litigation, especially for the very worst officers. The worst 1 percent of officers, as measured by civilian allegations, generate almost 5 times the number of payouts and over 4 times the total damage payouts in civil rights litigation. These findings suggest that intervention efforts could be fruitfully concentrated among a relatively small group. (JEL H76, K38, K42)
Introduction to Dutch Law for Foreign Lawyers
Part 1 Dutch legal system: history sources judicial organization legal education and the legal profession classification. Part 2 Private law: family law property law law of obligations representation and procuration legal persons law of succession commercial law air law civil procedure private international law. Part 3 Public law: constitutional law administrative law criminal justice system tax law economic law. Part 4 Labour law. Part 5 Legal philosophy.