Watch Where You Walk: Law Enforcement Surveillance and Protester Privacy

Law enforcement has a responsibility to facilitate the rights of civilians, including the First Amendment right to peaceful protest—not to quash expression of those rights. Those who protest and advocate for equality and justice should not have to risk being the victim of the extensive reach of the state while merely exercising their constitutionally mandated rights. […]

The Troubling Alliance Between Feminism and Policing

[…] Recently, White women have placed their bodies between riot officers and Blacks Lives Matter protesters, capitalizing on their privileged position with police. But once the protests end, it is likely fearful women will continue to reflexively call the cops, and police departments will continue to tout their role as women’s protectors. The time to end the feminist-police alliance is now.

COVID-19, Compassionate Release, and the Harms of the Criminal Legal System

The COVID-specific resentencing found under compassionate release offers a unique opportunity for humanizing a defendant. It is important to recognize, however, that humanizing defendants in a dehumanizing system will never solve pervasive structural problems like anti-Black racism, mandatory minimums, society’s refusal to examine prisons, or the global pandemic. […]

Reforming Law Enforcement Labor Relations

As law professors and legal professionals, we felt compelled to respond to the current moment by bringing our collective experience in labor and civil rights law to bear on urgently needed reforms in policing. We formed a study group to consider possible changes to law enforcement labor relations with the goal of proposing politically feasible reforms that could be quickly implemented and would meaningfully address some of the grave problems in policing. […]

Discriminatory Paycheck Protection

Deciding how and whom to protect during this crisis is a quintessentially political choice—among the most central of the current moment. But as these cases show, relief funding during a crisis not only can’t avoid First Amendment scrutiny—the newly expanded funding might actually be what prompts scrutiny of programs that previously spent decades flying under courts’ radar. […]

Sikhs in America: “Perpetually Foreign, Automatically Suspect, and Potentially Terrorist”

This essay examines two points in American history during which the United States effectively perceived Sikhs as terrorists even while they sought freedom from oppressive regimes, first British and then Indian. Although Sikh immigrants resided on U.S. soil, the United States’ alliances with the colonizing British government and the successor Indian government contributed to the criminalization of Sikh immigrants who were involved in political struggles against those entities. This history reveals how Sikhs have been caught in the nexus of criminal law and immigration law for over a century. Awareness of this history, in turn, allows us to contextualize the current immigration issues facing Sikhs within the broader landscape of Sikh American subjugation. […]