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Stanford Journal of Civil Rights & Civil Liberties Stanford Journal of Civil Rights & Civil Liberties Volume XIV February 2018 Issue 1 CONTENTS ARTICLES LET’S GET REAL: BEHAVIORAL REALISM, IMPLICIT BIAS, AND THE REASONABLE POLICE OFFICER .................................................................................................................. 1 Megan Quattlebaum DISRUPTING THE DISCRIMINATION NARRATIVE: AN ARGUMENT FOR WAGE AND HOUR LAWS’ INCLUSION IN ANTISUBORDINATION ADVOCACY ..................................................... 49 Llezlie Green Coleman PURGATORIO: THE ENDURING IMPACT OF JUVENILE INCARCERATION AND A PROPOSED EIGHTH AMENDMENT SOLUTION TO HELL ON EARTH ......................................................... 89 Lilah Wolf About the Stanford Journal of Civil Rights & Civil Liberties © 2018 by the Board of Trustees of the Leland Stanford Junior University Subscriptions: The Stanford Journal of Civil Rights & Civil Liberties is published twice a year by students of the Stanford Law School, Crown Quadrangle, 559 Nathan Abbott Way, Stanford, California 94305-8610. Volume prices are $42 domestic, and $52 international. All subscriptions are for the volume year (from 9/1/17 to 8/31/18) and will be renewed automatically unless the subscriber provides timely notice of cancellation. Please contact the Business Manager at (650) 723-2747 for subscription information. Postage: Postage paid at Palo Alto, California 94303, and additional mailing offices. Postmaster: Mail your change of address or other subscription information to Business Manager, SJCRCL, Crown Quadrangle, 559 Nathan Abbott Way, Stanford, California 94305-8610. Include name, new address with zip code, and old address or mailing label. Please mail changes at least six to eight weeks before the publication date to ensure prompt delivery. The U.S. Postal Service will not forward copies unless additional postage is paid by the subscriber. Single Issues: Issues in the current volume are available from SJCRCL for $24 each plus shipping and handling fees. For back issues, volumes, and sets, inquire of William S. Hein & Co. Inc., 1285 Main Street, Buffalo, New York 14209- 1987. Orders may also be placed by calling Hein at (800) 828-7571, via fax at (716) 883-8100, or by e-mail at [email protected]. Back issues can be found in electronic format on HeinOnline (http://heinonline.org). Manuscripts: SJCRCL accepts online submission of unsolicited manuscripts. Please see https://law.stanford.edu/stanford-journal-of-civil-rights-civil- liberties-sjcrcl/sjcrcl-submissions/ for further information. Although not preferred, submissions by mail are also accepted. Please include an e-mail address with all submissions. Citations: The text and citations of SJCRCL generally conform to The Bluebook: A Uniform System of Citation (20th ed. 2015), copyright by the Columbia Law Review Association, the Harvard Law Review Association, the University of Pennsylvania Law Review, and the Yale Law Journal. Internet Address: The SJCRCL homepage is located at https://law.stanford.edu/stanford-journal-of-civil-rights-civil-liberties-sjcrcl/. Stanford Journal of Civil Rights & Civil Liberties Volume XIV February 2018 Issue 1 EDITORIAL BOARD Editor-in-Chief MELISSA CORNELL Executive Editors Associate Executive Editor RACHEL GREEN FAARIS (FARES) AKREMI JORDAN OROSZ Managing Editors Articles Editors Special Issue Editors BEN DEGOLIA PARKER CRAGG LAUREN BORDER EMMA SCHINDLER MEGHAN KOUSHIK CAROLINE COHN DAPHNA SPIVACK MARK KRASS REBECCA WONG PETER VOGEL Development Editors Technical Managing Editors Student Note Editor HANNAH MATSUNAGA DAVID HUANG JULIA NEUSNER BRITANY RILEY NICOLE WELINDT Senior Editors ZACHARY BLECKNER VANESSA GUERRERO EUGÉNIE ISEMAN JAMES DAVIDSON KATHERINE GUTHRIE C LAIRE T ORCHIANA ERIKA HOGLUND Member Editors OLAMIDE ABIOSE DAVID M. LEVINE MARIEL PEREZ-SANTIAGO ETHAN AMAKER MARYJO LOPEZ ALLISON ROTHSCHILD HEATHER DURHAM MARJORY MARQUARDT MOLLY RUNKLE MELISSA GIANGRANDE MICHAEL MOORIN THOMAS VEITCH BEN HATTEM MARIKA O'CONNOR GRANT RACHEL WATERMAN TYLER HELMS MEGHAN PALMER ALEXANDRA WILLINGHAM BRETT PARKER The Stanford University School of Law OFFICERS OF ADMINISTRATION Marc Tessier-Lavigne, B.Sc., B.A., Ph.D., President of the University Persis A. Drell, A.B., Ph.D., Provost of the University M. Elizabeth Magill, B.A., J.D., Dean and Richard E. Lang Professor of Law Mark G. Kelman, B.A., J.D., James C. Gaither Professor of Law, Vice Dean, and Professor by courtesy of Political Economy Juliet M. Brodie, A.B., J.D., Mills Professor of Law, Director of the Mills Legal Clinic and of the Stanford Community Law Clinic, and Associate Dean for Clinical Education Robert M. Daines, B.S., B.A., J.D., Pritzker Professor of Law and Business, and Professor by courtesy of Finance Nora Freeman Engstrom, A.B., J.D., Professor of Law, Deane F. Johnson Faculty Scholar, and Associate Dean for Curriculum Deborah R. Hensler, B.A., Ph.D., Judge John W. Ford Professor of Dispute Resolution and Associate Dean for Graduate Studies Frank F. Brucato, B.A., Senior Associate Dean for Administration and Chief Financial Officer Diane T. Chin, B.A., J.D., Lecturer in Law and Associate Dean for Public Service and Public Interest Law Faye Deal, A.B., Associate Dean for Admissions and Financial Aid Julia Erwin-Weiner, B.A., M.A., Senior Associate Dean for External Relations Sabrina Johnson, B.A., Associate Dean for Communications and Public Relations Susan C. Robinson, B.A., J.D., Lecturer in Law and Associate Dean for Career Services Jory Steele, B.A., M.I.A., J.D., Associate Dean for Student Affairs FACULTY EMERITI Janet Cooper Alexander, B.A., M.A., J.D., Frederick I. Richman Professor of Law, Emerita Barbara Babcock, B.A., LL.B., LL.D. (hon.), Judge John Crown Professor of Law, Emerita Wayne G. Barnett, A.B., LL.B., Professor of Law, Emeritus Paul Brest, B.A., LL.B., Professor of Law, Emeritus and Former Dean Gerhard Casper, Referendar, LL.M., Dr. iur. utr., LL.D. (hon.), President Emeritus, Professor of Law Emeritus, Senior Fellow, Institute for International Studies, and Peter and Helen Bing Professor in Undergraduate Education, Emeritus Joshua Cohen, B.A., M.A., Ph.D., Marta Sutton Weeks Professor of Ethics in Society and Professor of Philosophy and of Law, Emeritus Richard Craswell, B.A., J.D., Professor of Law, Emeritus Lance E. Dickson, B.A., LL.B., B.Com., M.L.S., Professor of Law, Emeritus, and Former Director of the Robert Crown Law Library Marc A. Franklin, A.B., LL.B., Frederick I. Richman Professor of Law, Emeritus Jack H. Friedenthal, B.A., J.D., George E. Osborne Professor of Law, Emeritus Ronald J. Gilson, A.B., J.D., Charles J. Meyers Professor of Law and Business, Emeritus Robert A. Girard, B.A., LL.B., Professor of Law, Emeritus William B. Gould IV, B.A., LL.B., LL.D. (hon.), Charles A. Beardsley Professor of Law, Emeritus Thomas C. Grey, B.A., LL.B., LL.D. (hon.), Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Emeritus Thomas C. Heller, A.B., LL.B., Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies, Emeritus Margaret Jane Radin, A.B., M.F.A., J.D., LL.B., Wm. Benjamin Scott and Luna M. Scott Professor of Law, Emerita William H. Simon, A.B., J.D., William W. and Gertrude H. Saunders professor of Law, Emeritus Michael S. Wald, B.A., M.A., LL.B., Jackson Eli Reynolds Professor of Law, Emeritus PROFESSORS Gregory Ablavsky, B.A., J.D., Ph.D., Assistant Professor of Law Michelle Wilde Anderson, B.A., M.Sc., J.D., Professor of Law and Robert E. Paradise Faculty Fellow for Excellence in Teaching and Research Joseph M. Bankman, B.A., J.D., Ralph M. Parsons Professor of Law and Business Ralph Richard Banks, B.A., M.A., J.D., Jackson Eli Reynolds Professor of Law and Professor by courtesy of Education Rabia Belt, A.B., J.D., M.A., Ph.D., Assistant Professor of Law Juliet M. Brodie, A.B., J.D., Mills Professor of Law, Director of the Mills Legal Clinic and of the Stanford Community Law Clinic, and Associate Dean for Clinical Education James Cavallaro, A.B., J.D., Professor of Law and Director, Stanford International Human Rights and Conflict Resolution Clinic G. Marcus Cole, B.S., J.D., William F. Baxter-Visa International Professor of Law Robert M. Daines, B.S., B.A., J.D., Pritzker Professor of Law and Business and Professor by courtesy of Finance Michele Landis Dauber, B.S.W., J.D., Ph.D., Frederick I. Richmond Professor of Law and Professor by courtesy of Sociology John J. Donohue III, B.A., J.D., M.A., M.Phil., Ph.D., C. Wendell and Edith M. Carlsmith Professor of Law David Freeman Engstrom, A.B., M.Sc., J.D., Ph.D., Professor of Law and Bernard D. Bergreen Faculty Scholar Nora Freeman Engstrom, A.B., J.D., Professor of Law, Deane F. Johnson Faculty Scholar, and Associate Dean for Curriculum George Fisher, A.B., J.D., Judge John Crown Professor of Law and Faculty Co-Director, Criminal Prosecution Clinic Jeffrey L. Fisher, A.B., J.D., Professor of Law and Co-Director, Supreme Court Litigation Clinic Richard Thompson Ford, B.A., J.D., George E. Osborne Professor of Law Barbara H. Fried, B.A., M.A., J.D., William W. and Gertrude H. Saunders Professor of Law Lawrence M. Friedman, A.B., J.D., LL.M., LL.D. (hon.), Marion Rice Kirkwood Professor of Law, Professor by courtesy of History, and Professor by courtesy of Political Science Jacob Goldin, B.A., M.A., Ph.D., J.D., Assistant Professor of Law Paul Goldstein, B.A., LL.B., Stella W. and Ira S. Lillick Professor of Law Robert W. Gordon, A.B., M.A., J.D., Professor of Law Henry T. Greely, A.B., J.D., Deane F. and Kate Edelman Johnson Professor of Law and Professor by courtesy of Genetics Joseph A. Grundfest, B.A., M.Sc., J.D., W.A. Franke Professor of Law and Business Lucas Guttentag, B.A., J.D., Professor of the Practice of Law (on leave autumn) Deborah R.
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