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The Riddle Of Harmless Error Revisited, John Greabe 2016 Franklin Pierce Law Center

The Riddle Of Harmless Error Revisited, John Greabe

John M Greabe

Half a century ago, in Chapman v. California, the Supreme Court imposed on appellate courts an obligation to vacate or reverse criminal judgments marred by constitutional error unless the government demonstrates that the error was harmless beyond a reasonable doubt.  But the Court did not explain the juridical status of this obligation or its relation to the federal harmless-error statute, 28 U.S.C. § 2111.  In the intervening years, commentators have struggled to make sense of Chapman.  Some see it as a constitutional mandate.  Others view it as an example of constitutional common law. In THE RIDDLE OF HARMLESS ERROR ...


Insanity As A Defense In Criminal Law, S. Oley Cutler, S.J. 2016 St. John's University School of Law

Insanity As A Defense In Criminal Law, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.


Defense Problems Under The Durham Rule, Hugh J. McGee 2016 St. John's University School of Law

Defense Problems Under The Durham Rule, Hugh J. Mcgee

The Catholic Lawyer

No abstract provided.


Prosecution Problems Under The Durham Rule, Oliver Gasch 2016 St. John's University School of Law

Prosecution Problems Under The Durham Rule, Oliver Gasch

The Catholic Lawyer

No abstract provided.


Mental Disease And Criminal Responsibility: Ii, Joseph T. Tinnelly, C.M. 2016 St. John's University School of Law

Mental Disease And Criminal Responsibility: Ii, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.


Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon 2016 Notre Dame Law School

Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon

Journal of Legislation

No abstract provided.


How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission, Nora V. Demleitner 2016 Washington and Lee University School of Law

How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission, Nora V. Demleitner

Nora V. Demleitner

None available.


Rats, Traps, And Trade Secrets, Elizabeth A. Rowe 2016 University of Florida Levin School of Law

Rats, Traps, And Trade Secrets, Elizabeth A. Rowe

Elizabeth A Rowe

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Article is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores ...


Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School of Law, Jack Brook 2016 The Indy (College Hill Independent)

Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook

Life of the Law School (1993- )

No abstract provided.


Down With The Ship: The Prosecution Of Piratical Acts In United States V. Ali, Lindsay R. Grossman 2016 Boston College Law School

Down With The Ship: The Prosecution Of Piratical Acts In United States V. Ali, Lindsay R. Grossman

Boston College International and Comparative Law Review

Following the November 2008 pirate attack on the Danish merchant ship CEC Future, interpreter and negotiator Ali Mohamed Ali was arrested and charged in the United States with four inchoate offenses related to his actions aboard the ship: conspiracy to commit piracy on the high seas, aiding and abetting piracy on the high seas, conspiracy to commit hostage taking, and aiding and abetting hostage taking. Using the Charming Betsy canon, the U.S. Court of Appeals for the D.C. Circuit held that the charge of aiding and abetting piracy was improperly dismissed because Ali’s actions did not have ...


Better Not Call Saul: The Impact Of Criminal Attorneys On Their Clients' Sixth Amendment Right To Effective Assistance Of Counsel, Veronica J. Finkelstein 2016 Drexel University Thomas R. Kline School of Law

Better Not Call Saul: The Impact Of Criminal Attorneys On Their Clients' Sixth Amendment Right To Effective Assistance Of Counsel, Veronica J. Finkelstein

University of Cincinnati Law Review

No abstract provided.


The Sanctity Of Life And The Criminal Law, Rev. Anthony F. LoGatto, M.S.S.S., LL.B. 2016 St. John's University School of Law

The Sanctity Of Life And The Criminal Law, Rev. Anthony F. Logatto, M.S.S.S., Ll.B.

The Catholic Lawyer

No abstract provided.


Christianity And The Criminal, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Christianity And The Criminal, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord 2016 University of Kentucky College of Law

Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord

Sarah N. Welling

The federal government uses two general types of asset forfeiture, criminal and civil. This Article addresses criminal forfeiture, which allows the government to take property from defendants when they are convicted of crimes. It is “an aspect of punishment imposed following conviction of a substantive criminal offense.” The goal of this Article is to give an overview of the forfeiture process, specifically in relation to claims victims and creditors might assert as third-party claimants.


The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon 2016 Liberty University

The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon

Senior Honors Theses

Terrorism and the threat of terrorist attacks have forced the United States to place a high priority on developing a comprehensive counterterrorism strategy. A crucial component of this overarching strategy focuses on targeting the finances of a terrorist organization, hoping to eliminate or stifle their sources of funding in an effort to render the organization incapable of launching successful operations due to an absence of funding. By analyzing the most common financing options that terrorist groups use, the United States can hone its ability to disrupt the funding operations for terrorist groups. Likewise, developing a method for tracking the laundering ...


Policing Sex, Policing Immigrants: What Crimmigration's Past Can Tell Us About Its Present And Its Future, Rachel E. Rosenbloom 2016 Northeastern University

Policing Sex, Policing Immigrants: What Crimmigration's Past Can Tell Us About Its Present And Its Future, Rachel E. Rosenbloom

Rachel E. Rosenbloom

The flow of information from local police to federal immigration officials forms a central element of the contemporary phenomenon known as “crimmigration” — the convergence of immigration enforcement and criminal law enforcement. This Essay provides the first historical account of the early roots of this information flow and a new perspective on its contemporary significance. Previous scholarship locates crimmigration’s origins in the 1980s and ’90s. Drawing on extensive archival research on day-to-day interactions between local police and federal immigration officials, this Essay explores a lost chapter in the development of crimmigration: the pipeline that brought men arrested by vice squads ...


Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas 2016 Florida International University

Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


Foreword: Innocent Until Proven Poor, Sara Zampierin 2016 Southern Poverty Law Center

Foreword: Innocent Until Proven Poor, Sara Zampierin

Michigan Journal of Race and Law

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.


Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty 2016 Southern Center for Human Rights

Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty

Michigan Journal of Race and Law

The subject of my talk today is how the criminalization of poverty has become normalized in American culture and why you should care.


The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander 2016 University of Michigan

The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander

Michigan Journal of Race and Law

The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 ...


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