by Thomas P. Hogan
One of the largest issues currently facing law enforcement in the United States is police officers shooting civilians and the subsequent criminal investigations of the officers involved. This Article uses primary source material regarding such shootings, analysis of current prosecution models and case statistics, psychological studies, and application of relevant laws and ethical rules to suggest an entirely new model for investigating officer-involved shootings.
13 Drexel L. Rev. 1
by Timothy Lockwood Kelly
From the times of Blackstone, Austine, and Holmes, through each of the three Restatements of Torts, and up to present day there has been a jurisprudential evolution of the concept of duty. This article frames this history using the Palsgraf debate between Justice Cardozo and Judge Andrews as a touchstone for analysis. Although past Restatements endorsed the “relational” view of duty associated with Cardozo (which can be traced back to Blackstone), the recent Restatement (Third) of Torts endorses a non-relational, “social” view of duty associated with Andrews (which can be traced back to Austin and Holmes).
13 Drexel L. Rev. 87
by Nadijah Campbell
The employment process can be difficult for Black people because they are often the subject of racial discrimination because of their hair. This note discusses avenues to protect Black individuals from racial discrimination in employment contexts with regard to their hair in the workplace.This Note analyzes avenues to protect Black people from racial discrimination based on their hair in the workplace. Although Title VII and Section 1981 are meant to provide this protection, courts have become more restrictive as to what constitutes race, ultimately creating a standard that race is akin to biology or only those traits that cannot be changed or altered. This immutability standard is based on America’s racist past and directly contradicts case law that says Title VII is meant to protect characteristics based on stereotypes that are commonly associated with certain protected classes.
13 Drexel L. Rev. 143
by Amy Lyon
Generally speaking, if a murder takes place in Oklahoma, the district attorney’s office can prosecute the perpetrator, and the state court can, upon conviction, select among a wide range of sentences to bring justice to the victim. But if a murder takes place within Indian Country in Oklahoma, a tribal prosecutor has a different set of options. In the event that both the victim and alleged perpetrator are Natives, the prosecutor can charge the perpetrator in tribal court, where he or she will face a maximum of three years imprisonment for the alleged crime. In the alternative, the prosecutor can refer such a case to the U.S. Attorney’s Office in hopes that federal prosecutors have the resources and motivation to intervene and pursue a longer sentence.
13 Drexel L. Rev. 191
by Alyssa Mallgrave
The opioid epidemic continues to take hundreds of lives each day. Therefore, it is imperative that federal officials pursue the most effective means of preventing further fatalities. However, charging drug users with homicide serves only to exacerbate the problem.
13 Drexel L. Rev. 233
by Whitney A. Petrie
This Note will explain why education funding lawsuits throughout the commonwealth’s history have thus far not been successful in achieving more equitable access to education for Pennsylvania’s students. This Note suggests that, as a starting point, Pennsylvania must recognize education as a fundamental right. The legislature must also make a change in the way the state’s schools are funded, and it should not wait on the courts to force them into action.
13 Drexel L. Rev. 277