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Full-Text Articles in Law

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa Jan 2017

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa

Faculty Scholarship

The United States and Canada may be friends and allies, but the two countries' approaches to the regulation of marijuana agriculture have not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation have remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to "legalize, regulate, and ...


Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks Jan 2015

Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Scholarship

This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the ...


On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius Jan 2014

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.


Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell Jan 2014

Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell

Faculty Scholarship

Some judges and scholars have questioned the social value of the standard form in which the Securities and Exchange Commission settles its corporate enforcement actions, including the agency’s use of essentially unreviewed consent decrees that include no admission of liability or wrongdoing. This essay for a symposium on SEC enforcement provides an analysis of the deterrent effects of the three main components of settlements in public enforcement of law: liability, admission, and remedy. The conclusions are the following. All three components have beneficial deterrent effects. Cost considerations nonetheless justify some settlements that dispense with liability or admission, or even ...


Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner Jan 2012

Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner

Faculty Scholarship

One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.

In this book chapter, I ...


Big Law's Sixth Amendment: The Rise Of Corporate White-Collar Practices In Large U.S. Law Firms, Charles D. Weisselberg, Su Li Jan 2011

Big Law's Sixth Amendment: The Rise Of Corporate White-Collar Practices In Large U.S. Law Firms, Charles D. Weisselberg, Su Li

Faculty Scholarship

Over the last three decades, corporate white-collar criminal defense and investigations practices have become established within the nation's largest law firms. It was not always this way. White-collar work was not considered a legal specialty. And, historically, lawyers in the leading civil firms avoided criminal matters. But several developments occurred at once: firms grew dramatically, the norms within the firms changed, and new federal crimes and prosecution policies created enormous business opportunities for the large firms. Using a unique data set, this Article profiles the Big Law partners now in the white-collar practice area, most of whom are male ...


Enforcing International Corrupt Practices Law, Paul D. Carrington Jan 2010

Enforcing International Corrupt Practices Law, Paul D. Carrington

Faculty Scholarship

This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.


Rethinking The Identity And Role Of United States Attorneys, Sara Sun Beale Jan 2009

Rethinking The Identity And Role Of United States Attorneys, Sara Sun Beale

Faculty Scholarship

This article considers the proper role of politics in federal prosecutions, and how that bears on the position of the U.S. Attorney. First, the article sets forth an account of the problems disclosed by investigations into the Bush Justice Department, including the controversial firing of nine U.S. Attorneys and claims that particular prosecutions were politically motivated. It then explores the historical development of the role of the U.S. Attorneys, their relationship to the Attorney General and the Department of Justice, and their role in the contemporary federal criminal justice system.

With that background, the article considers the ...


Time For A Twenty-First Century Justice Department, Samuel W. Buell Jan 2008

Time For A Twenty-First Century Justice Department, Samuel W. Buell

Faculty Scholarship

This is a brief contribution to an issue of The Federal Sentencing Reporter directed to criminal justice policy discussions relevant to the 2008 election season. The United States Department of Justice is a uniquely valuable domestic institution. After a period of stunning ascendancy at the end of the last century, the institution has faltered—perhaps as much from strategic neglect as from deliberate diversion of its mission in service of political and foreign policy objectives that most Americans have concluded were misguided. A twenty-first-century executive branch should set as a priority thoughtful consideration of how to confine the powerful tools ...


Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell Jan 2007

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Faculty Scholarship

Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale ...


Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring Jan 2005

Penal Policy And Penal Legislation In Recent American Experience, Franklin E. Zimring

Faculty Scholarship

offers a look on the origins and careers of proposals for penal legislation in a time of radical change in the U.S. Descriptions of where penal policy is made in the U.S. governmental system; Information on issues of quality control in shaping, passing, implementing and reviewing penal legislation in recent U.S. experience; Role of penal legislation in changing penal practices in the past generation.


Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano Jan 2000

Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano

Faculty Scholarship

This study departs from mainstream criminology to approach youth conflict and violence from a youth-centered perspective drawn from cultural studies of young people and sociolegal research. To access youth orientations, we analyze experiential stories of peer conflict written by students at a multiethnic, low-income high school situated in an urban core of the western United States. We argue that youth narratives of conflict offer glimpses into how young people make sense of conflict in their everyday lives, as well as insights as to how the images and decisional bases embedded in their storytelling connect to adult-centered discourses found in popular ...


Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon Jan 2000

Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon

Faculty Scholarship

Deals with a study which explored the complex entanglements of democracy and governing through crime in the United States. Discussion on crime control as an integral part of democratic penal traditions; How the embedding of governing through crime into the new regime of liberal governance took shape in the country; Details on the adoption of `Megan's Law.'


Reckless Complicity, Sanford H. Kadish Jan 1996

Reckless Complicity, Sanford H. Kadish

Faculty Scholarship

The writer examines the requirement of intention in the law of complicity. This requirement means that a secondary party (S) must intend his or her actions to encourage or help a principal party (P) to commit a particular crime. In cases where the accountability of an actor for the harmful consequences of his or her actions turns on whether he or she caused them, recklessness as to the occurrence of the consequences is sufficient to make the actor criminally liable. The writer discusses why the situation should be different when the consequences take the form of the criminal actions of ...


Evidentiary Hearings In Federal Habeas Corpus Cases, Charles D. Weisselberg Jan 1990

Evidentiary Hearings In Federal Habeas Corpus Cases, Charles D. Weisselberg

Faculty Scholarship

Discusses federal habeas corpus cases in the United States. Debate on the writ of habeas corpus; View that federal habeas corpus serves as a federal appeal for state prisoners; Development of federal writ of habeas corpus; Growth of federal civil litigation and habeas corpus petitions; Frequency of evidentiary hearings in habeas corpus cases; Proposals to reform federal habeas corpus.


Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen Jan 1983

Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen

Faculty Scholarship

No abstract provided.