Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 66

Full-Text Articles in Law

Hostility Is In The Eye Of The Beholder: Why Congress Should Decriminalize Hostile Work Environment Sexual Harassment In The Military, Adam J. Crane Jan 2023

Hostility Is In The Eye Of The Beholder: Why Congress Should Decriminalize Hostile Work Environment Sexual Harassment In The Military, Adam J. Crane

Criminal Law Practitioner

In 2022, for the first time in American history, Congress enacted legislation criminalizing hostile work environment sexual harassment. More serious types of sexual harassment have long been criminal under the Uniform Code of Military Justice, but hostile work environment harassment is a civil wrong, not a crime, and should not have been made into one. Section 539D of the National Defense Authorization Act for Fiscal Year 2022 (now listed under Article 134, UCMJ (Sexual Harassment), is both unconstitutional and counterproductive. It violates the Fifth Amendment for vagueness by failing to provide fair notice of what is prohibited, and the First …


Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede Jan 2023

Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede

Criminal Law Practitioner

This Article examines reverse affinity fraud, which is affinity fraud in the context of public hoaxes. In traditional affinity fraud the fraudster targets a vulnerable group, whereas in cases of public hoaxes the fraudster portrays herself as part of a vulnerable group and targets the well-meaning and sympathetic general public. This Article explores the mindset and characteristics of vulnerable fraudsters in reverse affinity frauds by analyzing the cases of Sherri Papini and Lacey Spears. Both Papini and Spears utilized social media and online giving sites to defraud the public, and their cases highlight the unique challenges prosecutors have in proving …


Epitaph For Pardon Based On The Purpose Of Punishment, Eva Carracedo Carrasco Jan 2019

Epitaph For Pardon Based On The Purpose Of Punishment, Eva Carracedo Carrasco

Criminal Law Practitioner

No abstract provided.


From The Editor-In-Chief, Lisa Sendrow Jan 2019

From The Editor-In-Chief, Lisa Sendrow

Criminal Law Practitioner

No abstract provided.


Nolo Contendere Convictions: The Effect Of No Confession In Future Criminal Proceedings, Ramy Simpson Jan 2019

Nolo Contendere Convictions: The Effect Of No Confession In Future Criminal Proceedings, Ramy Simpson

Criminal Law Practitioner

No abstract provided.


The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak Jan 2019

The Bb Gun: A Harmless Toy Or Deadly Weapon? Practical Guidance For Objective Fact Finding In A Criminal Case, Steven N. Gosney, John Zak

Criminal Law Practitioner

No abstract provided.


Punished For Poverty, Andrew Rock Jan 2019

Punished For Poverty, Andrew Rock

Criminal Law Practitioner

No abstract provided.


Junk Tales: Incorporating Drug Addicts' Narratives In Law School Courses, Sara Schotland Jan 2019

Junk Tales: Incorporating Drug Addicts' Narratives In Law School Courses, Sara Schotland

Criminal Law Practitioner

No abstract provided.


From The Editor-In-Chief, Lisa Keshavarz Jan 2019

From The Editor-In-Chief, Lisa Keshavarz

Criminal Law Practitioner

No abstract provided.


Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock Jan 2019

Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock

Criminal Law Practitioner

No abstract provided.


"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza Jan 2018

"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza

Criminal Law Practitioner

No abstract provided.


From The Editor-In-Chief, Dolores Sinistaj Jan 2018

From The Editor-In-Chief, Dolores Sinistaj

Criminal Law Practitioner

No abstract provided.


A Perfect Storm: New Mexico As A Case Study For Driving While Intoxicated And Driving Under The Influence Investigation And Persecution Post-Birchfield, Cynthia Armijo Jan 2018

A Perfect Storm: New Mexico As A Case Study For Driving While Intoxicated And Driving Under The Influence Investigation And Persecution Post-Birchfield, Cynthia Armijo

Criminal Law Practitioner

No abstract provided.


Aggravated Disproportionality: The Merger Doctrine, Contemporaneous Felony Aggravators, And Intuitive Fairness, Wes Dutcher-Walls Jan 2017

Aggravated Disproportionality: The Merger Doctrine, Contemporaneous Felony Aggravators, And Intuitive Fairness, Wes Dutcher-Walls

Criminal Law Practitioner

No abstract provided.


From The Editor-In-Chief, Samantha Dos Santos Jan 2017

From The Editor-In-Chief, Samantha Dos Santos

Criminal Law Practitioner

No abstract provided.


Body Worn Cameras With Facial Recognition Technology: When It Constitutes A Search, Kelly Blount Jan 2017

Body Worn Cameras With Facial Recognition Technology: When It Constitutes A Search, Kelly Blount

Criminal Law Practitioner

No abstract provided.


We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods Jan 2017

We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods

Criminal Law Practitioner

No abstract provided.


From The Editors, Kieley Sutton Jan 2016

From The Editors, Kieley Sutton

Criminal Law Practitioner

No abstract provided.


What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels Jan 2016

What's In The Box? Re-Conceptualizing Computers As Containers, Metadata As Contents Of That Container, And Applying Fourth Amendment Protections, Christopher Michels

Criminal Law Practitioner

No abstract provided.


Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer Jan 2016

Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer

Criminal Law Practitioner

No abstract provided.


Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy Jan 2016

Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy

Criminal Law Practitioner

No abstract provided.


On The Effects And History Of Stand-Your-Ground Laws, E. Dimitri Hasandras Jan 2016

On The Effects And History Of Stand-Your-Ground Laws, E. Dimitri Hasandras

Criminal Law Practitioner

No abstract provided.


The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican Jan 2016

The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican

Criminal Law Practitioner

No abstract provided.


Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause, Eun Jin Kim Jan 2016

Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause, Eun Jin Kim

Criminal Law Practitioner

No abstract provided.


Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck Jan 2016

Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck

Criminal Law Practitioner

No abstract provided.


Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann Jan 2016

Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann

Criminal Law Practitioner

No abstract provided.


Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard Jan 2015

Remarks On Collateral Consequences Of Mass Incarceration, William C. Hubbard

Criminal Law Practitioner

No abstract provided.


Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill Jan 2015

Collateral Consequences For Non-Citizen Defendants: When A Criminal Conviction Results In The Loss Of All That Makes Life Worth Living, Sara Elizabeth Dill

Criminal Law Practitioner

No abstract provided.


The Fourth Amendment In The Digital Age Symposium, Braxton Marcela Jan 2015

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela

Criminal Law Practitioner

No abstract provided.


Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler Jan 2015

Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler

Criminal Law Practitioner

No abstract provided.