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Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Structural Police Reform, Stephen Rushin 2015 University of Illinois College of Law

Structural Police Reform, Stephen Rushin

Stephen Rushin

For most of American history, courts and policymakers have relied on a small handful of relatively non-invasive tools to fight police misconduct. These traditional approaches to police regulation merely incentivized, but did not force, police departments to adopt costly reforms aimed at curbing unconstitutional behavior. In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to initiate structural reform litigation against local police agencies engaged in a pattern or practice of misconduct. Although some of the nation’s largest cities have now undergone this sort of structural police reform, there has been little empirical legal ...


Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts 2014 Golden Gate University School of Law

Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts

GGU Law Review Blog

No abstract provided.


Federal Enforcement Of Police Reform, Stephen Rushin 2014 University of Illinois College of Law

Federal Enforcement Of Police Reform, Stephen Rushin

Stephen Rushin

Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics initially praised the law’s passage, many have since worried that the Department of Justice (DOJ) has not effectively administered the measure. No research has empirically analyzed how the DOJ has used its authority to initiate structural police reform. Using a combination of qualitative and quantitative methods, I fill ...


The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson 2014 Boston College Law School

The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson

Boston College Journal of Law & Social Justice

Police misconduct is still prevalent throughout the United States. Unfortunately for members of minority communities, this misconduct often comes in the form of racially discriminatory police practices. In many cases, such practices are deeply rooted in the police department’s culture. It is imperative that all citizens are equipped with every possible safeguard from such abuse at the hands of the police. In Massachusetts and Illinois, however, wiretapping and eavesdropping laws prevent people from employing one such safeguard that has proven to help change unconstitutional police practices. The safeguard that those laws criminalize is the ability to surreptitiously record on-duty ...


Collateral Damage: Drug Enforcement & Its Impact On The Deportation Of Legal Permanent Residents, Wilber A. Barillas 2014 Boston College Law School

Collateral Damage: Drug Enforcement & Its Impact On The Deportation Of Legal Permanent Residents, Wilber A. Barillas

Boston College Journal of Law & Social Justice

The United States’ legislation and jurisprudence regulating the deportation of legal permanent residents is harsh by many standards. The harshness of the legal regime is particularly acute as it relates to minor drug crimes. Under current U.S. law, possession of a single pill of Xanax leads to mandatory detention and can even lead to deportation. This Note explores the impact that the United States’ drug policy has had on deportation law, the current legislative regime surrounding drug-based deportations, the changing landscape of drug enforcement, and the lack of meaningful protection that current legislation and jurisprudence affords permanent residents facing ...


Suspicionless Searches: U.S. V. King And The Ninth Circuit’S Dismissal Of The Probationer-Parolee Distinction, Tricia Nicholson 2014 Boston College Law School

Suspicionless Searches: U.S. V. King And The Ninth Circuit’S Dismissal Of The Probationer-Parolee Distinction, Tricia Nicholson

Boston College Journal of Law & Social Justice

In U.S. v. King, the U.S. Court of Appeals for the Ninth Circuit considered whether a suspicionless search of a probationer, conducted pursuant to a condition of his probation, violated the Fourth Amendment. The Ninth Circuit held that the search did not violate the Fourth Amendment because legitimate governmental interests outweighed the probationer’s privacy interest. In conducting the balancing test, however, the court failed to give significance to the distinction between probationers and parolees for Fourth Amendment purposes and used an analysis that overrides any individual privacy interest that a probationer may have.


Remedying The Remedy: Johnson V. Uribe And Determining Prejudice For Sixth Amendment Claims, Keith Kessinger 2014 Boston College Law School

Remedying The Remedy: Johnson V. Uribe And Determining Prejudice For Sixth Amendment Claims, Keith Kessinger

Boston College Journal of Law & Social Justice

On November 5, 2012, the Ninth Circuit Court of Appeals declined to rehear Kennard G. Johnson’s habeas petition en banc, thus upholding the appellate panel’s decision to vacate his guilty plea for want of effective assistance of counsel, which overturned the district court’s resentencing remedy. The panel worked within the standard of review to establish prejudice during the plea negotiations, which provided not only an appropriate remedy but also a pragmatic framework for lower courts to assess similar claims of ineffective assistance of counsel. In dissent to the denial of rehearing en banc, Chief Judge Alex Kozinski ...


Is It Automatic?: The Mens Rea Presumption And The Interpretation Of The Machinegun Provision Of 18 U.S.C. § 924(C) In United States V. Burwell, Shannyn Gaughan 2014 Boston College Law School

Is It Automatic?: The Mens Rea Presumption And The Interpretation Of The Machinegun Provision Of 18 U.S.C. § 924(C) In United States V. Burwell, Shannyn Gaughan

Boston College Journal of Law & Social Justice

In United States v. Burwell, the United States Court of Appeals for the District of Columbia Circuit reviewed en banc the question of whether the Government must prove that the Defendant knew of the firearm’s automatic capability before invoking 18 U.S.C. § 924(c)(1)(B)(ii)’s mandatory thirty-year minimum sentence. The majority affirmed the Defendant’s conviction, holding that the D.C. Circuit’s previous holding in United States v. Harris determined that no mens rea applies to the machinegun provision. The dissenting opinion, however, argued that the Supreme Court’s decision in United States v ...


Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson 2014 University of Pennsylvania Law School

Murder Mitigation In The Fifty-Two American Jurisdictions: A Case Study In Doctrinal Interrelation Analysis, Paul H. Robinson

Faculty Scholarship

The essay surveys the law in the fifty-two American jurisdictions with regard to the three doctrines that commonly provide a mitigation or defense to murder liability: common law provocation and its modern counterpart, extreme mental or emotional disturbance; the so-called diminished capacity defense and its modern counterpart, mental illness negating an offense element; and the insanity defense. The essay then examines the patterns among the jurisdictions in the particular formulation they adopt for the three doctrines, and the combinations in which those formulations commonly appear in different jurisdictions. After this review, the essay steps back to see what kinds of ...


Proactive Gatekeepers: The Jurisprudence Of The Icc’S Pre-Trial Chambers, Christodoulos Kaoutzanis, Jocelyn Joan Courtney 2014 SelectedWorks

Proactive Gatekeepers: The Jurisprudence Of The Icc’S Pre-Trial Chambers, Christodoulos Kaoutzanis, Jocelyn Joan Courtney

Christodoulos Kaoutzanis

Due to the fairly recent inception of the International Criminal Court (“ICC), its

Pre-Trial Chambers has been the only judicial body at the ICC thus far to be exposed to

a wide variety of cases. In the seven years since Pre-Trial Chamber I held the

proceedings against the confirmation of charges against Thomas Lubanga Dyilo, the

ICC’s two Pre-Trial Chambers have conducted hearings and determined the charges

against 14 individuals for crimes allegedly committed in four Situations. This article

systematically classifies the jurisprudence of the Pre-Trial Chambers in an attempt to

identify the trends that cut across the Pre-Trial ...


Discretion Abused: Reinterpreting The Appellate Standard Of Review For Hearsay, Matthew J. Peterson 2014 SelectedWorks

Discretion Abused: Reinterpreting The Appellate Standard Of Review For Hearsay, Matthew J. Peterson

Matthew J. Peterson

Matthew J. Peterson, Discretion Abused: Reinterpreting the Appellate Standard of Review for Hearsay

Abstract:

The decision by a federal a court to exclude or admit hearsay can be crucial to the case of either party. Despite this prospective impact, the federal courts of appeal currently defer to district courts’ expertise by reviewing a district court’s decision to admit or exclude hearsay for an abuse of discretion. Such deference often insulates district courts’ incorrect interpretation of the rule against hearsay and the improper application of the exclusions and exceptions to the rule from appellate reversal.

Lowering the standard of review ...


“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo 2014 SelectedWorks

“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo

Michael L Perlin

Abstract:

For the past thirty years, the US Supreme Court's standard of Strickland v. Washington has governed the question of adequacy of counsel in criminal trials. There, in a Sixth Amendment analysis, the Supreme Court acknowledged that simply having a lawyer assigned to a defendant was not constitutionally adequate, but that that lawyer must provide "effective assistance of counsel," effectiveness being defined, pallidly, as requiring simply that counsel's efforts be “reasonable” under the circumstances. The benchmark for judging an ineffectiveness claim is simply “whether counsel’s conduct so undermined the proper function of the adversarial process that the ...


The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore 2014 McMaster University

The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore

Open Access Dissertations and Theses

This qualitative study looks at the experiences of youth reentering their communities after serving a custodial sentence. Interviews were conducted from the perspectives of five key informants, including youth counselors and probation officers. Based on these conversations, the nuances of youth reentry were explored in-depth. These pages contain personal stories regarding the successes and challenges that come with reentry and reentry programming. Based on the findings and relevant literature, recommendations and suggestions on how to improve reentry are made. Further, in contrast to dominant recidivism-based understandings of success, this study promotes a more holistic understanding of successful reentry outcomes.


Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher 2014 Maurer School of Law: Indiana University

Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher

Indiana Law Journal

This Article examines the recent series of criminal prosecutions against tax professionals and offshore bankers. These criminal cases, brought against the largest Swiss bank (UBS), the oldest Swiss bank (Wegelin), one of the largest accounting firms in the world (KPMG), as well as numerous lawyers and accountants, represent a dramatic shift for the U.S. Department of Justice. After decades of tolerating abusive tax shelters and tax haven banks, the government changed its policy. However, rather than indicting the individuals and corporations who invested in tax shelters or hid money in offshore accounts, the Justice Department indicted the lawyers, accountants ...


A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy 2014 Maurer School of Law: Indiana University

A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy

Indiana Law Journal

A discussion of the recent case in which a pregnant Indiana woman named Bei Bei Shuai was prosecuted for fetal homicide following a failed suicide attempt and later miscarriage. The Comment uses this case as a comparison point for different cases and statutes in all fifty states and suggests possible principles for a more unified doctrine and approach.


Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus 2014 University of Michigan Law School

Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus

University of Michigan Journal of Law Reform

The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it ...


Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred 2014 College of William & Mary Law School

Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred

William & Mary Law Review

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic ...


Demon At The Back Door: Rise Of The Mexican Drug Cartels, Oliver T. Beatty 2014 SelectedWorks

Demon At The Back Door: Rise Of The Mexican Drug Cartels, Oliver T. Beatty

Oliver T Beatty

This article addresses the rise of the violent Mexican drug cartels and searches within the legislative and law enforcement toolbox on how to dethrone the epidemic of violence on the border. The Mexican drug cartels rose from the ashes and structural framework of the Colombian cocaine cartels which gave these new criminal empires their routes, connections, and ease at taking over Pablo Escobar’s monopoly on the drug trafficking game. In addressing the origins of the cartels this article explores the trajectory of cocaine from imported medical remedy to criminalized substance. Additionally this article explores how the Italian mafia was ...


The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson 2014 Boston College Law School

The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson

Boston College Journal of Law & Social Justice

In Evans v. Secretary, Department of Corrections, the United States Court of Appeals for the Eleventh Circuit denied habeas corpus relief to a death row inmate who claimed that ineffective assistance of counsel prejudiced his death sentence hearing. Despite the defense counsel’s omission of evidence suggesting that the inmate suffered from various mental disabilities, the court resolved that such evidence would not have affected the jury’s ultimate recommendation of the death sentence because some of the evidence was stigmatized. This standard creates a burden that is far too great for individuals facing the death penalty and significantly minimizes ...


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