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- Child informant; child witness; murder; governmental protection; legislation; reform; criminal justice; Sixth Amendment (1)
- Criminal Law; Prosecution; Rape; Sexual Assault; Sexual Assault Victims; Rape Victims; Sex Crimes; False Reporting; Police Investigations; Rape Complaint; Discrimination; Discriminatory Treatment; Under-Resourced Police Investigations; Human Rights; Secondary Victimization; British Crown Prosecution Service (1)
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- Labor Law; Non-Compete agreements; No-Poaching Agreement; Antitrust Regulation; no-hire agreements; No-Switching Agreements; No Cold Call Agreements; Employment Law (1)
- Lautenberg Amendment; Gun Control Act; domestic violence; domestic abuse; firearm; gun; Voisine v. United States; United States v. Castleman; Armed Career Criminal Act; ACCA; mens rea; reckless; misdemeanor; felony (1)
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- White-collar crime; Compelled testimony; Cross-border; International white-collar investigation; Financial corporations; International; Multijurisdictional; United States v. Allen; Kastigar hearing; DOJ; Department of Justice; MLAT; Mutual Legal Assistance Treaty; Taint; Taint Teams; Parallel Investigations; Future Foreign Corrupt Practices Act; Fifth Amendment; Derivative Use Immunity; Financial Conduct Authority; FCA (1)
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Articles 1 - 21 of 21
Full-Text Articles in Law
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Sorting Out White-Collar Crime, Miriam Baer
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Journal of Law and Policy
As the forensic science industry grows, so do the scandals – overburdened crime labs, unverified science, corrupt analysts, and diminishing federal oversight. Given the need to ensure that valid forensic science-based evidence is used at trial, a criminal defense attorney typically has the opportunity to cross-examine the scientist who conducted the forensic analysis. However, the 2012 Supreme Court decision of Williams v. Illinois has muddied an otherwise cohesive Confrontation Clause doctrine, allowing for the admission of forensic evidence without the testimony of the forensic scientist, but with no clear holding and different interpretations about what is considered “testimonial evidence.” To …
Prisoner-To-Public Communication, Demetria D. Frank
Prisoner-To-Public Communication, Demetria D. Frank
Brooklyn Law Review
The pervasive problem of over-incarceration in the United States is in part due to lack of correctional facility accountability to the public, and public lack of access to the prisoner experience. In light of the incessant persistence of over-incarceration and “hands off approach” taken by courts in prison administration, this article proposes an unqualified and unfettered prisoner-to-public communication right that would provide prison accountability to the public.
All The President's Privileges, Ann M. Murphy
All The President's Privileges, Ann M. Murphy
Journal of Law and Policy
This article provides a historical perspective of the evidentiary privilege doctrines that are in play in the current Special Counsel investigation. New issues of waiver by tweet are addressed. It is well established that a sitting president is subject to judicial process in certain circumstances, and that President Trump and his close advisors have and will continue to claim one or both of these privileges. I predict that these privileges will be inapplicable, applicable but waived, or applicable but fall within the crimefraud exception to the privileges. The crime-fraud exception has never been raised in a Special Counsel investigation of …
Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum
Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum
Brooklyn Law Review
This essay advocates that prosecutors’ peremptory strikes should be eliminated in interracial capital cases. The application of the death penalty has a race problem, especially for interracial cases. A conviction is far more likely if the defendant is black and the victim is white. This is due to the fact that in interracial cases, prosecutors utilize peremptory strikes to prevent black jurors from serving on cases in which the defendant is black and the victim is white. This essay is the first to argue that such a system stacks the deck against defendants in interracial capital cases in an unconstitutional …
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
Farewell To The Felonry, Alice Ristroph
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
Brooklyn Law Review
Few areas of the law are as hotly debated as gun control, or as universally condemned as domestic violence – and the Supreme Court’s decisions on the Lautenberg Amendment address both. An amendment to the Gun Control Act, it prohibits persons convicted of a misdemeanor crime of domestic violence from owning a firearm. The amendment qualifies a predicate conviction as one that has a “force clause” as an element. In particular, while looking at the force in domestic violence, the Supreme Court has acknowledged that one must also look to context: a “squeeze of an arm” of an intimate partner …
Lies, Deceit, And Bullshit In Law, Lawrence Solan
Lies, Deceit, And Bullshit In Law, Lawrence Solan
Faculty Scholarship
No abstract provided.
The Chilling Effect: The Politics Of Charging Rape Complainants With False Reporting, Lisa Avalos
The Chilling Effect: The Politics Of Charging Rape Complainants With False Reporting, Lisa Avalos
Brooklyn Law Review
Although legal scholars have addressed the persistent failure to effectively investigate and prosecute rape despite decades of attempts at reform, the issue of prosecutors going so far as to bring false reporting charges against disbelieved sexual assault victims has received scant scholarly attention. This article calls attention to this particularly disturbing externality of the mishandling of rape cases. First contextualizing false reporting prosecutions of rape victims, the article demonstrates that such prosecutions are a direct outgrowth of poor quality, under-resourced police rape investigations. These prosecutions move forward as a result of several systemic problems: procedural irregularities and informal policies that …
Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation, Rochella T. Davis
Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation, Rochella T. Davis
Brooklyn Journal of Corporate, Financial & Commercial Law
As of late, labor markets have been a focus point in antitrust enforcement. In 2016 the Department of Justice (DOJ) announced an unprecedented policy to pursue no-poaching agreements criminally. More recently, in January 2018, the DOJ’s Attorney General indicated that the agency is following through on the policy. This Article argues that the DOJ’s new policy is logical and prudent because the economic effects that no-poaching agreements have on labor markets mirror the anticompetitive effects of customer allocation agreements. It also shows that the policy is well-supported by labor economics and antitrust policies. In efforts to comply with the DOJ’s …
Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo
Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo
Brooklyn Journal of International Law
The complementarity principle of the Rome Statute of the International Criminal Court (ICC) is an international legal principle that governs the relationship between two; sometimes; contrasting international principles of law; namely sovereign equality of States and the international community’s duty to end impunity for international core crimes. Article 17 of the Rome Statute envisages that States maintain primary jurisdiction to investigate and prosecute international crimes; while the ICC’s jurisdiction to prosecute when States are unwilling or genuinely unable to carry out such investigations or prosecutions constitutes the exception. This article provides an analysis of this principle in the context of …
Looking Out For The Little Guy: Protecting Child Informants And Witnesses, Sarah Glasser
Looking Out For The Little Guy: Protecting Child Informants And Witnesses, Sarah Glasser
Journal of Law and Policy
Too often, young people in the United States who become involved in the criminal justice system as informants and witnesses are not afforded the protections they need and deserve, and risk being murdered for providing critical information in the pursuit of an arrest or conviction. The immediate adoption of state legislation to protect children who serve as informants or are compelled to testify as witnesses in criminal cases is imperative to avoid the loss of young lives. Such legislation should be compelled via restrictions on state access to federal funds for witness protection, law enforcement, and judicial programs until appropriate …
The Thin Blue Line From Crime To Punishment, Alice Ristroph
The Thin Blue Line From Crime To Punishment, Alice Ristroph
Faculty Scholarship
No abstract provided.
Participatory Defense: Humanizing The Accused And Ceding Control To The Client, Cynthia Godsoe
Participatory Defense: Humanizing The Accused And Ceding Control To The Client, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Techno-Policing, I. Bennett Capers
Getting There: On Strategies For Implementing Criminal Justice Reform, Susan Herman
Getting There: On Strategies For Implementing Criminal Justice Reform, Susan Herman
Faculty Scholarship
No abstract provided.
Criminal Procedure And The Good Citizen, I. Bennett Capers
Criminal Procedure And The Good Citizen, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Criminal Procedure, The Police, And The Wire As Dissent, I. Bennett Capers
Criminal Procedure, The Police, And The Wire As Dissent, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin
Faculty Scholarship
No abstract provided.