In the Western Common Law tradition, legal decisions constrain and guide future cases involving the same legal issues. Although the legal academy disagrees about the specific nature of such precedential reasoning, including about the role of analogy in legal reasoning, there is ample evidence from cognitive science that analogical learning...
Systems of accountability for police who violate the U.S. Constitution are broken. Among other mechanisms of accountability, the judicial system should provide a path for victims to obtain a remedy when their constitutional rights are violated. Yet unless the law is clearly established beyond debate, the doctrine of qualified immunity...
In this dissertation, I provide insight into different aspects of the law and politics of trade secrecy at four levels of analysis. Part I examines trade secrecy from an international and comparative perspective. It encompasses Chapters 2 and 3 and focuses on (#1) international law and (#2) comparative national policy....
This study is the first to chart the national scope of the criminal prosecution of incarcerated people and to investigate the consequences of this social process. Using an interlocking set of data sources and methods, including interviews, ethnographic observations, and administrative records, I provide answers to some basic questions about...
This dissertation explores black litigation strategies, black legal culture, and the effect of black litigation on civil law. Not only did African Americans sue white southerners and white-owned companies for white-on-black violence under Jim Crow, they shared their collective legal knowledge through a network of black newspapers and contributed to...
A growing body of research analyzes how corporate social responsibility programs are used to absorb and neutralize the social criticisms coming from social and environmental movements and to superficially respond to the ensuing new regulations. If companies have powerful tools to resist changes and blunt the meaning of the law,...
They Left Us Dead: Anti-Black Violence, Black Evidence, and The Insistence of Black Life examines the mercurial, though seemingly fixed, notion of evidence as it is brought into relation with anti-blackness, Black death and, ultimately, Black life. They Left Us Dead queries how and why certain forms of documentation and...
Bias pervades all stages of the American criminal justice system. The system is a human creation, run by fallible people who bring prejudices and biases to their work just like everyone else. The first step to ridding the system of those biases is to fully understand the way they manifest...