Faculty Notes

Prof. Robin Charlow Quoted on Constitutionality of Proposed Federal Chokehold Ban in Newsday

Robin Charlow, Professor of Law

Eric Garner’s family vows large protests if Pantaleo isn’t fired
By Matthew Chayes
Aug. 3, 2019

[The Rev. Al] Sharpton said he would push Congress to prohibit chokeholds nationally. …

A bill drafter would need to identify a constitutionally authorized power in order to criminalize a chokehold on a federal level, according to Robin Charlow, a Hofstra law professor. The use of typical avenues — like the 14th Amendment’s equal-protection guarantee, which is the basis for federally prosecuting cops for violating civil rights; or the Constitution’s interstate-commerce clause, which is the basis for federal drug crimes — isn’t certain to pass U.S. Supreme Court muster, Charlow said. She couldn’t immediately think of a feasible avenue.

Read the full article on the Newsday website.