Second-Order Regulation of Law Enforcement

@article{Rappaport2014SecondOrderRO,
  title={Second-Order Regulation of Law Enforcement},
  author={J. Rappaport},
  journal={California Law Review},
  year={2014},
  volume={103},
  pages={205}
}
  • J. Rappaport
  • Published 2014
  • Sociology
  • California Law Review
  • This Article interrogates a critical, yet understudied, regulatory design choice the Supreme Court makes in each criminal case raising constitutional questions about law-enforcement conduct: not what the Constitution requires but how to implement its requirements. In particular, the Court must decide whether to address its decision directly to rank-and-file officers or instead to political policymakers, such as legislators and police administrators, who in turn will regulate officers on the… CONTINUE READING
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