In this essay, Koppelman reviews Secular Government, Religious People by Ira C. Lupu and Robert W. Tuttle. Lupu and Tuttle offer a timely examination of how and where religious liberty and American law intersect. Koppelman offers his take and places the book within the scholarship on religious liberty.
Want to know what's happening with capital punishment jurisprudence? Listen to this edition of the NULR Online's Podcast Series with Duke Law Professor Joseph Blocher.
Haven't had time to read the opinion in the Dassey case? Listen to our podcast with Dassey's lawyer, Professor Laura H. Nirider. She tells you all you need to know.
In this essay, Anderson explores how the police narrative is told in appellate opinions, in light of changing police stories seen in the media. In recent years, video recordings of police violence have upended the traditional narrative of police heroism. The videos have led to discussions of police accountability, yet the controversies surrounding these incidents have also served to highlight the strength of the traditional narrative. Anderson first discusses the prevailing cultural story of the dedicated police officer, as depicted in popular media. Next, Anderson examines how police narratives are conveyed in appellate opinions, through the use of police language, including “copspeak,” as well as narrative devices such as point of view, emphasis, and selective detail. Finally, Anderson discusses examples of counter-narratives in court opinions. Anderson’s conclusion is not that all police narratives are suspect, but that judicial writers need to be aware of how they tell the story of a police–citizen encounter, recognizing that the story is part of the argument.