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“Loss” Revisited: A Defense Of The Centerpiece Of The Federal Economic Crime Sentencing Guideline, Frank. O. Bowman Iii
“Loss” Revisited: A Defense Of The Centerpiece Of The Federal Economic Crime Sentencing Guideline, Frank. O. Bowman Iii
Missouri Law Review
I was, for better or worse, one of the principal architects of Section 2B1.1 in its consolidated 2001 form. Over time, I have become a pointed critic both of errors we made in 2001, and of some of the ways the Sentencing Commission has since amended Section 2B1.1. Nonetheless, I still support the basic structure of Section 2B1.1 and its central component – scaling offense seriousness in large measure based on the economic loss caused or intended by the defendant. In particular, I remain convinced that the definition of “loss” adopted in 2001 remains fundamentally sound. Recently, the Missouri Law …
Reply To Professor Bowman’S “Loss” Revisited, Daniel S. Guarnera
Reply To Professor Bowman’S “Loss” Revisited, Daniel S. Guarnera
Missouri Law Review
Based on Professor Bowman’s response article, “Loss” Revisited: A Defense of the Centerpiece of the Federal Economic Crime Sentencing Guideline, I am gratified to find that he and I share much common ground. In fact, I believe our respective positions are closer in many ways than his article suggests. I will use this Response primarily to clarify what I see as the key areas of disagreement about the proper role of loss – and, particularly, intended loss – in the economic crime Guidelines. I will then offer a few brief comments about possible directions for reform
In Defense Of Disparate Impact: Urban Redevelopment And The Supreme Court’S Recent Interest In The Fair Housing Act, Valerie Schneider
In Defense Of Disparate Impact: Urban Redevelopment And The Supreme Court’S Recent Interest In The Fair Housing Act, Valerie Schneider
Missouri Law Review
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of the …
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Missouri Law Review
For many, Attorney Atticus Finch’s (Gregory Peck) representation of an innocent African-American accused of rape by a Southern white woman in Depression-era Alabama by the town’s most imposing citizen, in To Kill a Mockingbird, represents the consummate portrayal of the lawyer’s discharge of his ethical duty to his client. Tom Robinson (Brock Peters) is falsely accused of rape by Mayella Violet Ewell (Collin Wilcox), the daughter of a lower-class, white bigot, Bob Ewell (James Anderson), who caught her at tempting to physically seduce Robinson, an African-American. The Ewells, clearly influenced by the father’s racial hatred, address Mayella’s unacceptable sexual appetite …
Epiphenomenal Indigent Defense, Darryl K. Brown
Epiphenomenal Indigent Defense, Darryl K. Brown
Missouri Law Review
There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently see them coming nor explain them after the fact in consistent detail. Another example is crime rates, which rise, and in recent decades fall, without any discernable strong causal link to familiar variables such as employment or imprisonment rates. This Article describes why we can add state funding for indigent defense counsel to that list and what this conclusion means for …
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Missouri Law Review
Section I provides a brief overview of the significance of group status generally and its traditional relevance and usage within the criminal justice system. This discussion places the novel, defense-oriented approach to group status in a proper historical and analytical context. Section II begins by sketching a generally accepted system of defenses and placing general defenses within this context. It next describes the proper understanding of justification and excuse, the two preeminent theories for exculpatory general defenses. This complicated and often-contentious area of law is exposited here only insofar as it is necessary to lay the groundwork for the critique …
O'Brien V. Cunard S.S. Co., Limited
O'Brien V. Cunard S.S. Co., Limited
Missouri Law Review
This article talks about the O'Brien v. Cunard S.S. Co. Ltd. and the specific events that occurred in this case.