Law Commons^™

Teaching The Art Of Defending A White Collar Criminal Case, Katrice Copeland

Katrice Bridges Copeland

This Article discusses the author's experience with effectively teaching a white collar crime course.

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Kit Kinports

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Kit Kinports

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …

Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi

Mark L Noferi

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.

Beyond The George Zimmerman Trial: The Duty To Retreat And Those Who Contribute To Their Own Need To Use Deadly Self-Defense, Alon Lagstein

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Many critics have accused Florida's "Stand Your Ground" law of helping George Zimmerman get away with the murder of Trayvon Martin by allowing him to cause the very confrontation in which he ended Martin's life. This paper explores how American law treats defendants who have contributed to their own need to use deadly self-defense. This paper concludes that the duty to retreat, or lack thereof, is not the deciding factor in whether such defendants are allowed to claim self-defense.

Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant

Michelle Gallant

Many provinces are embracing a modern approach to crime control, an approach which uses civil proceedings, primarily a device known as forfeiture, to tackle criminal activity. The strategy targets the financial underpinnings of crime, the proceeds or the assets linked to illegal activity. It effectively gives the public actor the ability to use civil actions to recover financial resources tainted by criminality.

New to provincial law, this convergence of civil proceedings and crime, of civil forfeiture and the financial element of crime, invites obvious questions about the consistency of this approach with constitutional norms. On the jurisdictional front, there is …

Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant

Michelle Gallant

An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.

The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …

Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller

Russell A. Miller

No abstract provided.

A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver

Wesley M Oliver

No abstract provided.

With An Evil Eye And An Unequal Hand: Pretextual Stops And Doctrinal Remedies To Racial Profiling, Wesley Oliver

Wesley M Oliver

No abstract provided.

Criminal Trials Of Co-Defendants: The United States Supreme Court Clarifies The Rules, Judith Ritter

Judith L Ritter

No abstract provided.

Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power

Robert C Power

No abstract provided.