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95 N.Y.U. L. Rev. 650 (2020)
Anti-Segregation Policing

handle is hein.journals/nylr95 and id is 650 raw text is: ARTICLES ANTI-SEGREGATION POLICING MONICA C. BELL* Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the noncriminal functions of policing. In particular, it examines the role of policing in the daily maintenance of racial residential segregation, one of the central strategies of American racial inequality. Unlike previous work that touches on these issues, this Article argues that police reformers and police leaders should adopt an anti-segregation approach to policing. It also offers legal frameworks and policy prescriptions that flow from an anti-segregation ethic in police governance. This Article begins by setting forth a rich account of residential segregation, clari- fying the distinction between easily measurable proxies for segregation and the type of segregation with which law and policy should be concerned: the spatial separa- tion that confines, subordinates, and dominates. It then identifies and illustrates six mechanisms through which American policing perpetuates residential segregation, drawing from sociological research, including qualitative narratives collected in Dallas County, Texas; Cuyahoga County, Ohio; and Baltimore, Maryland. Next, * Copyright © 2020 by Monica C. Bell, Associate Professor of Law & Sociology, Yale Law School. For extensive feedback on this Article, I thank Muneer Ahmad, Michelle Wilde Anderson, Maggie Blackhawk, Jessica Eaglin, Bill Eskridge, Owen Fiss, Richard Ford, Eisha Jain, Irene Joe, Issa Kohler-Hausmann, Rahim Kurwa, Veronica Root Martinez, Tracey Meares, Melissa Murray, Michelle Phelps, Michael Pollack, and Jed Rubenfeld. For engagement with these ideas, I thank Bruce Ackerman, Amna Akbar, Asad Asad, Kristen Bell, Rabia Belt, Amy Chua, Erin Collins, Andrew Crespo, Yaseen Eldik, Emily Erikson, Thomas Frampton, Megan Ming Francis, Eve Hanan, Oona Hathaway, Matthew C. Ingram, Elizabeth Papp Kamali, Emma Kaufman, Marianne Engelman Lado, Genevieve Lakier, Michele Lamont, Benjamin Levin, Anna Lvovsky, Samantha Majic, Daniel Markovits, Hope Metcalf, Lisa Miller, Chris Monoc, Katie Monoc, William Ortman, Shaun Ossei-Owusu, K-Sue Park, Robert Post, David Pozen, Doris Marie Provine, John Rappaport, Daphna Renan, Rob Sampson, and John Witt. I am grateful to have presented various versions of this work at Cardozo Law School, Columbia Department of Sociology, Emory Law School, Fordham Law School, the Sociology of Housing Conference at Georgetown University, Harvard Law School, Harvard Department of Sociology, the Culp Colloquium at Stanford Law School, University of Colorado Law School, University of Maryland Carey School of Law, University of Miami School of Law, and the University of Queensland T.C. Beirne School of Law. Thanks to Anna Funtelar and Stephanie Garlock for excellent research assistance. I gratefully acknowledge Stefanie DeLuca and Kathryn Edin, the principal investigators of How Parents House Kids and fellow principal investigators of Hearing Their Voices, as well as the Annie E. Casey Foundation and the MacArthur Network for Children and Families for funding. Thanks most of all to research participants in Baltimore, Cleveland, Dallas, and beyond who shared their stories in service of knowledge and justice. 650 Imaged with Permission of N.Y.U. Law Review

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