Law Commons^™

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Overview Of Environmental Criminal Investigations, Beau James Brock

Beau James Brock

Power point presentation overview of Louisiana Department of Environmental Quality Criminal Investigation Division investigative guidelines and procedures.

The Supreme Courts: Did 9/11/2001 Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley

Dannye Holley

This article evaluates if in the 6.5 years since the bombing of the World Trade Towers and the Pentagon, the nation's highest appellate courts were, on balance, more willing to acquiesce in criminalization based on only suspicion. The article seeks to accomplish this evaluation by comparing decisions of the United States and the States’ Supreme Courts in the six years before September 2001, and the six years since the terrorist attack to determine if these courts with the greatest authority to sanction the criminalization of suspicion in fact have been more willing to do just that. Such a post 9/11/2001 …

Ensuring A Right Of Access To The Courts For Bias Crime Victims: A Section 5 Defense Of The Matthew Shepard Act, Jordan Woods

Jordan Blair Woods

Habitations Of Cruelty - Pitfalls Of Expanding Hate Crime Legislation To Include The Homeless, Scott A. Steiner

Scott A Steiner

Hate crime law has developed and expanded substantially since its earliest form. A concerted effort is currently underway to expand existing hate crime legislation to include the homeless.

This paper provides a history of both state and federal hate crime legislation, examines precisely what a hate crime is (and how that definition differs from state to state), explores the growing problem of violence against the homeless, and analyzes recent developments in expanding state and local law to protect based on homelessness.

It offers both arguments in favor and arguments against the expansion of hate crime laws to include the homeless …

Permanent Borrowing And Lending: A New View Of Section 6 Theft Act 1968, Alex Steel

Alex Steel

This paper considers the meaning and interpretation of the extended definition of “intention of permanently depriving” in the English Theft Act 1968 s 6. The article analyses the various judicial interpretations of the section, pointing out that a lack of reporting of decisions has led to inconsistent approaches to the section. The article uses transcripts of the full judgments to provide a detailed consideration of each case’s reasoning. Drawing on these reasons, a new way of approaching the section is suggested. On this approach the section is primarily one that deems certain actions to amount to an intention to permanently …

Commercial Fraud: Cases And Commentary, Alex Steel

Alex Steel

This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. The law was current as of 2008.

New Perspective On Market Abuse: Outsider Trading As An Outlawed Conduct, Jacopo Busnach Ravenna

Bocconi Legal Papers

The following paper illustrates how the Market Abuse Directive 2003/6/EC has backed up previous legislation by contemplating a new form of outlawed behaviour which an outsider may carry out by exploiting her informative advantage. After a general analysis of the features of such conduct, relevant for both criminal and administrative law, its main characteristics are underlined in a comparative perspective with US law. A schematic outline of the most critical analyses on outsider trading regulation is also carried out. The paper eventually deals with two controversial applications of the rules under Italian decree 58/1998, recently modified.

Note: downloadable document is …

New Perspective On Market Abuse: Outsider Trading As An Outlawed Conduct, Jacopo Busnach Ravenna

ILSU Working Paper Series

The following paper illustrates how the Market Abuse Directive 2003/6/EC has backed up previous legislation by contemplating a new form of outlawed behaviour which an outsider may carry out by exploiting her informative advantage. After a general analysis of the features of such conduct, relevant for both criminal and administrative law, its main characteristics are underlined in a comparative perspective with US law. A schematic outline of the most critical analyses on outsider trading regulation is also carried out. The paper eventually deals with two controversial applications of the rules under Italian decree 58/1998, recently modified.

Note: downloadable document is …

Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo

Paulo Barrozo

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the …

Drugs And Justice, Erik Luna, Margaret Battin

Erik Luna

No abstract provided.

Problematic And Unnecessary? Issues With The Use Of The Theft Offence To Protect Intangible Property, Alex Steel

Alex Steel

This article questions whether misuse of intangible property should fall within the scope of theft — an issue on which Australian jurisdictions are currently divided. It provides an overview of the traditional limitation of larceny to moveable property and some of the difficult issues of interpretation of the modern theft offence that are related to the inclusion of intangible property. It then examines in detail a number of forms of intangible property to see if any of them are capable of forming the basis of a theft charge. The conclusion made is that intangible property is either unable to form …

In Defense Of "Self-Defence In Criminal Law"; And On "Killing In Self-Defence" - A Reply To Fiona Leverick, Boaz Sangero

Prof. Boaz Sangero

Recently, Fiona Leverick published a review of my book, Self-Defence in Criminal Law. In the same year that my book was released, Leverick published her own monograph on this subject, Killing in Self-Defence. We basically take two different approaches to the subject of self-defense. One approach seeks only “permission” for killing and views the right to life as a sufficient rationale. The other approach seeks a justification for self-defense and proposes a more complex rationale suited to all cases of self-defense and not just the extreme situation of a life versus a life. This rationale is based on three main …

The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein

Alex Stein

This contribution to the Cardozo Law Review symposium on the future of the Fifth Amendment responds to the numerous critics of Daniel J. Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000).

Under Seidmann and Stein’s theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense …

The Harms And Wrongs Of Stealing: The Harm Principle And Dishonesty In Theft, Alex Steel

Alex Steel

In ‘On the Nature and Rationale of Property Offences’ A P Simester and G R Sullivan argue that the Harm Principle can be used to justify property offences. This article provides a critique of that essay. It begins with an overview of the Harm Principle and some key criticisms of it. It then considers Simester and Sullivan’s argument that the conduct proscribed by property offences causes harm to the property regime generally. The article suggests that this is an overly broad notion of harm on which to base criminalisation, and one that fails to adequately identify which particular breaches of …