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Articles 1 - 30 of 193
Full-Text Articles in Criminal Law
Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond
Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond
University of Miami Law Review
Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers
Criminal Liability Of Corporate Officers For Strict Liability Offenses - Another View, Kathleen F. Brickey
Criminal Liability Of Corporate Officers For Strict Liability Offenses - Another View, Kathleen F. Brickey
Vanderbilt Law Review
This Article offers an alternative analysis of the doctrine articulated by the Supreme Court in Dotterweich and Park and its subsequent application by the Ninth Circuit. In the course of so doing, it suggests that Professor Abrams has lost sight of the public welfare offense model that provided the analytical framework within which the cases were decided and that his postulates may thus be faulted as lacking in context. The analysis in this Article demonstrates that the responsible share standard of liability has, from the outset, incorporated the requirement of an act or omission to act and that of causation …
Rule 10b-5-The Equivalent Scope Of Liability Under Respondeat Superior And Section 20(A)-Imposing A Benefit Requirement On Apparent Authority, Carol M. Lynch
Rule 10b-5-The Equivalent Scope Of Liability Under Respondeat Superior And Section 20(A)-Imposing A Benefit Requirement On Apparent Authority, Carol M. Lynch
Vanderbilt Law Review
This Note demonstrates that the scope of employer liability for employees' rule 10b-5 violations is no broader under a proper application of respondeat superior than under section 20(a). This Note does not address the question whether respondeat superior applies under rule 10b-5, but rather how courts should apply it.
Part II examines the majority, minority, and Third Circuit decisions on employer liability. Part III discusses the traditional analysis under both respondeat superior and section 20(a) and compares the scope of liability under each one. Part III concludes that except for an employer's liability for acts that are within an employee's …
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
University of Michigan Journal of Law Reform
Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …
Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack
Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack
University of Michigan Journal of Law Reform
Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a result, …
Jones V. Barnes, Lewis F. Powell Jr.
Jones V. United States, Lewis F. Powell Jr.
Jones V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
South Dakota V. Neville, Lewis F. Powell, Jr.
South Dakota V. Neville, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Solem V. Helm, Lewis F. Powell Jr.
Florida V. Royer, Lewis F. Powell Jr.
Texas V. Brown, Lewis F. Powell Jr.
Illinois V. Gates, Lewis F. Powell Jr.
Disclosure And Civil Use Of Immunized Testimony, Elizabeth J. Schwartz
Disclosure And Civil Use Of Immunized Testimony, Elizabeth J. Schwartz
Vanderbilt Law Review
This Recent Development examines the current conflict among the circuits. This study first explores the rationales under-lying use immunity and contrasts them with the guidelines formulated by the Supreme Court for controlling judicial disclosure of grand jury testimony. Second, this Recent Development examines the analyses used by the federal courts in determining whether to release immunized grand jury testimony for civil use's and the effect of disclosure on a witness' claim of fifth amendment privilege.This study submits that in their effort to promote civil discovery,several courts have misconstrued the scope and effect of the disclosure power and have usurped the …
11-20-1982 Preliminary Memorandum, Rochelle C. Dreyfuss
11-20-1982 Preliminary Memorandum, Rochelle C. Dreyfuss
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
SUMMARY: A voluntary deferred compensation plan allowed retiring employees to choose between three forms of payments, including an annuity bought by petrs from independent insurance companies who use sex-based actuarial tables. The question is whether the employer has violated Title VII by offering this option
The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner
The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner
Law Faculty Publications
No abstract provided.
Search And Seizure, William R. Wilson Jr.
Search And Seizure, William R. Wilson Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Book Review Of The Model Penal Code And Commentaries, Paul Marcus
Book Review Of The Model Penal Code And Commentaries, Paul Marcus
Faculty Publications
No abstract provided.
The Organization As Weapon In White-Collar Crime, Stanton Wheeler, Mitchell Lewis Rothman
The Organization As Weapon In White-Collar Crime, Stanton Wheeler, Mitchell Lewis Rothman
Michigan Law Review
This Article explores the advantages of using organization or occupation in the more typical case. Our inquiry takes this as its central question: What difference does it make when a white-collar crime is committed in the course of one's occupation or when acting on behalf, or with the assistance, of an organization? If we are becoming, as some have argued, an organizational society, then we should see the results of this change reflected in illicit as well as licit behavior. The organizational form may be used for either social or antisocial ends. Our principal hypothesis, as the title suggests, is …
Enforced Self-Regulation: A New Strategy For Corporate Crime Control, John Braithwaite
Enforced Self-Regulation: A New Strategy For Corporate Crime Control, John Braithwaite
Michigan Law Review
Part I outlines the concept of enforced self-regulation, sketches its theoretical underpinnings, and illustrates its application in the context of corporate accounting standards. Part II argues the merits of enforced self-regulation. Part III dispels notions that the proposal is a radical departure from existing regulatory practice and points to areas in which necessary empirical research could be conducted by discussing incipient manifestations of partial enforced self-regulation models in the aviation, mining, and pharmaceutical industries. Part IV considers in some detail the weaknesses of the proposed model. The final Part considers the importance of determining an optimal mix of regulatory strategies; …
The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh
The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh
Michigan Law Review
Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.
This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part …
Toward Understanding Unlawful Organizational Behavior, Diane Vaughan
Toward Understanding Unlawful Organizational Behavior, Diane Vaughan
Michigan Law Review
The emergence and growth of regulatory agencies charged with controlling organizational misconduct has been so widespread that the monitoring and regulation of corporate interactions has itself become "big business," with the complexity of the regulatory agencies at times matching or even exceeding that of the organizations they regulate. The effectiveness of these efforts to control unlawful organizational behavior has been assessed in many different ways. The records of agency investigations, administrative hearings, and judicial proceedings provide data on enforcement actions, court decrees, trials, convictions, penalties, and other indicators that allow empirical estimates to be made. A realistic assessment of agency …
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
Michigan Law Review
This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Law Faculty Scholarly Articles
The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.
This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …
Indigent Criminal Defendants Should Pay For Their Appeals, Myron Moskovitz
Indigent Criminal Defendants Should Pay For Their Appeals, Myron Moskovitz
Publications
No abstract provided.
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
Michigan Law Review
While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …
Adoue V. State, 408 So. 2d 567 (Fla. 1981), John Cattano
Adoue V. State, 408 So. 2d 567 (Fla. 1981), John Cattano
Florida State University Law Review
Criminal Law-"PLAIN VIEW" AND THE "PLAIN VIEW DOCTRINE"
Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills
Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills
University of Miami Inter-American Law Review
No abstract provided.
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
Vanderbilt Law Review
This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.
Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry
Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry
Vanderbilt Law Review
The thesis of this Article is that the substantive criminal law is the missing element in sentencing reform. If comprehensive sentencing reform strategies are to have lasting effect, legislatures must reintroduce the criminal law to the sentencing process. This step will require a rekindled interest in a moral analysis of the substantive criminal law and the enactment of greatly reduced statutory sentence maximums, along with more conventional institutional changes to structure discretion and increase official accountability.
Objections to American sentencing procedures range from the principled to the practical. Part II of this Article summarizes the basic objections that have influenced …
Double Jeopardy And Prosecutorial Appeal Of Sentences: Di Francesco, Bullington, And The Criminal Code Reform Act Of 1981, Ronald P. O'Hanley, Iii
Double Jeopardy And Prosecutorial Appeal Of Sentences: Di Francesco, Bullington, And The Criminal Code Reform Act Of 1981, Ronald P. O'Hanley, Iii
Vanderbilt Law Review
This Recent Development first traces the evolution of the double jeopardy doctrine. The Recent Development then focuses on the recent sentence modification cases as well as the proposed revisions to the Federal Criminal Code. Finally, this Recent Development attempts to develop a coherent double jeopardy rationale and concludes that, under this proposed rationale, unilateral government appeal of sentences is unconstitutional.