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Criminal Law

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University of Denver

Sturm College of Law: Faculty Scholarship

2010

Articles 1 - 2 of 2

Full-Text Articles in Law

Honest Services After Skilling: Judicial, Prosecutorial And Legislative Responses, Iris E. Bennett, Jessie K. Liu, Cynthia J. Robertson, Govind C. Persad Oct 2010

Honest Services After Skilling: Judicial, Prosecutorial And Legislative Responses, Iris E. Bennett, Jessie K. Liu, Cynthia J. Robertson, Govind C. Persad

Sturm College of Law: Faculty Scholarship

In Skilling v. United States, the U.S. Supreme Court substantially narrowed the reach of the “honest services fraud” statute, 18 U.S.C. § 1346, by holding that it applies only to “bribery and kickback schemes,” not to “undisclosed self-dealing by a public official or private employee.” Skilling v. United States, 130 S. Ct. 2896 (2010). Two companion cases also were decided the same day. See Black v. United States, 130 S. Ct. 2963 (2010); Weyhrauch v. United States, 130 S. Ct. 2971 (2010). These decisions have major significance for federal fraud prosecutions.


Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen Jan 2010

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

This Article maps out a new theoretical critique of no-drop prosecution policies, the criminal justice system’s predominant approach to domestic violence. No-drop rules compel prosecutors to make decisions about whether to pursue charges against a batterer without regard to the victim’s wishes. When the law mandates this approach, it not only enforces the criminal law, but also effectively terminates the relationship between the victim and her partner. This blunt response to what is often a complex situation indiscriminately dispenses with the many reasons a victim may want or need to preserve her intimate relationship. While numerous scholars have grappled with …