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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
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.
Why March To A Uniform Beat? Adding Honesty And Proportionality To The Tune Of Federal Sentencing, Jelani Jefferson Exum
Why March To A Uniform Beat? Adding Honesty And Proportionality To The Tune Of Federal Sentencing, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
This Article fills a gap in current scholarship concerning the Federal Sentencing Guidelines ("Guidelines") by bringing together many sentencing concerns and refocusing them on the Guidelines themselves. Since United States v. Booker, in which the Supreme Court demoted the Guidelines from mandatory to advisory status and imposed reasonableness as the appellate standard of review, several scholars have written about the new, advisory Guidelines scheme. Some have focused on the constitutional problems that Booker failed to settle. Others have argued against a presumption of reasonableness for within-Guidelines sentences. For some scholars, the biggest issues with the advisory Guidelines regime …
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Scholarly Works
No abstract provided.