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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 ...


Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello 2015 SelectedWorks

Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Georgia’s “beyond a reasonable doubt” standard for determining intellectual disability has led to an absurd—and arbitrary—result. A Georgia state court held that defendant Warren Hill was intellectually disabled, yet still sentenced Hill to death. Seven experts—and the court—deemed Hill disabled under a preponderance of the evidence standard. He remains on death row, however, because Georgia’s “preposterous burden of proof” requires that intellectual disability be proved beyond a reasonable doubt, a standard experts have said is nearly impossible to satisfy. It “effectively limits the constitutional right protected in Atkins,” and creates a conditional, not categorical ...


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

Structural Police Reform, Stephen Rushin

Stephen Rushin

No abstract provided.


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.


Plead Guilty, Without Bargaining: Learning From China’S “Summary Procedure” Before Enacting Indonesia’S “Special Procedure” In Criminal Procedure., Choky Risda Ramadhan Mr. 2014 SelectedWorks

Plead Guilty, Without Bargaining: Learning From China’S “Summary Procedure” Before Enacting Indonesia’S “Special Procedure” In Criminal Procedure., Choky Risda Ramadhan Mr.

Choky Risda Ramadhan Mr.

Because Indonesian courts are increasingly overrun with criminal cases, Indonesian lawmakers recently introduced a criminal procedure bill to include “special procedure” (jalur khusus), a procedure that allows defendants to plead guilty in order to increase efficiency. Unlike plea-bargaining in the U.S., this procedure more resembles China’s “summary procedure,” which is solely conducted by a judge, not negotiated independently by prosecutors and defendants. Before enacting the provision of special procedure, however, Indonesian lawmakers should learn from China’s successes and failures implementing summary procedure. While this procedure resulted in increased efficiency in China, it did not provide for defense ...


The Rules Of Engagement, David D. Butler 2014 SelectedWorks

The Rules Of Engagement, David D. Butler

David D. Butler

First impressions are the eye of the needle through which all subsequent threads are drawn. Zealous advocates take conrol of the Courtroom even before the prosecution is through the door. Get to the Courtroom first.

Secure the table and chairs closer to the jury. Pick up all the chalk by the black board. When the befuddled county attorney is looking for a piece of chalk, hand him or her a nice new piece from the box you have in your attache case. Zealous advocates get to the Courtroom fiirst, with the most.

Often, a zealous advocate can lift his or ...


Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg 2014 SelectedWorks

Two Concepts Of Freedom In Criminal Jurisprudence, Roni M. Rosenberg

Roni M Rosenberg

The goal of this essay is to identify and discuss two aspects of liberty by examining the distinction between act and omission in criminal jurisprudence. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. Any act that causes death is grounds for a homicide conviction -- subject, of course, to the existence of the other elements necessary for establishing criminal liability, such as causation and mens rea. However, liability for death by omission is subject to the additional identification of a duty to act. In other words, the defendant will be ...


The Effect Of Probation Period, Supervision And Court Costson The Effectiveness Of The Institution Of Conditional Discontinuance Of Criminal Proceedings, Karol -. Juszka Mr 2014 SelectedWorks

The Effect Of Probation Period, Supervision And Court Costson The Effectiveness Of The Institution Of Conditional Discontinuance Of Criminal Proceedings, Karol -. Juszka Mr

Karol - Juszka Mr

The objective of this paper is to present the probation period, supervision and court costs from both the viewpoint of the opinions in legal doctrine, and the correlations between its individual resolutions and their impact on the way of ending the probation period. The analysis of these correlations will be presented by showing factors resulting from the author’s own research of 405 court cases, pertaining to the effectiveness of the conditional discontinuance of criminal proceedings. These were cases individually numbered in the archives of the District Court in Krakow and the regional courts situated within the area of its ...


Matevosyan Nr (2014). Dissociative Identity Disorder In The Courtroom, 2014 SelectedWorks

Matevosyan Nr (2014). Dissociative Identity Disorder In The Courtroom

Naira R. Matevosyan (Naira Roland Matevosyan)

RATIONALE: Dissociative identity disorder (DID) has been raised to defend a variety of criminal offenses or to moderate the civil suits. Applying traditional rules of criminal culpability or civil liability to these cases poses a significant challenge. Diagnostic exclusions of identity-versus-personality alters are rare, with exceptions of the explicit memory transfer to be the key to deny the dissociated identity, and the absence of implicit memory transfer be held as personality dissociation.

OBJECTIVE: An attempt was made to study judicial determinants toward a facile consistency whether individuals with DID should be held culpable or liable.

METHODS: Rules, issues, precedents, verdicts ...


Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles E. MacLean 2014 SelectedWorks

Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in digital devices no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking exclusively about individuals suspected of committing violent crimes. The Government is recording the calls and ...


Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon 2014 BLR

Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon

University of Southern California Legal Studies Working Paper Series

Given the pressing societal need to punish criminal behavior and the solemn nature of depriving people of their liberty and even life, one would expect that the accuracy of these fateful determinations would be the paramount goal of the criminal justice process. This article critically examines the system’s low prioritization of the accuracy of the verdicts it produces, and focuses on four key factors that hinder the attainment of accuracy: problems with the reliability of the evidence produced by police investigations, the opacity of criminal investigations, the intensity of the adversarial process, and the muddled understanding of the system ...


Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman

Nevada Supreme Court Summaries

The Court determined whether a person could burglarize his or her own home.


Riley V. California: What It Means For Metadata, Border Searches, And The Future Of Privacy, Adam Lamparello 2014 SelectedWorks

Riley V. California: What It Means For Metadata, Border Searches, And The Future Of Privacy, Adam Lamparello

Adam Lamparello

Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in a digital device no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking about individuals suspected of committing violent crimes. The Government is recording the calls and ...


Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto 2014 SelectedWorks

Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto

Anthony J. Ghiotto

In recent years, the military justice system has come under increased Congressional and public scrutiny. Driving much of this increased scrutiny is the issue of sexual assault. The dramatic increase in reported sexual assaults, coupled with the military’s response, resulted in public officials calling for dramatic reform of the military justice system. These calls for reform included limiting, and even removing, the role commanders play in the military justice system. The military departments must proceed carefully, though, with these calls for reform. Dramatic reforms designed to correct the apparent flaws in the military justice system may in turn undermine ...


In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty 2014 Hamline University

In The Heat Of The Moment: The Implications Of State V. Ness On Criminal Defendants' Rights In Minnesota Danco Proceedings, Aisha N. Servaty

Hamline Law Review

abstract


Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz 2014 College of William & Mary Law School

Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz

Popular Media

No abstract provided.


Summary Of Conner V. State Of Nevada, 130 Nev. Adv. Op. 49, Kelsey Bernstein 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Conner V. State Of Nevada, 130 Nev. Adv. Op. 49, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined three issues: 1) whether, despite there being sufficient evidence to sustain a conviction, the conviction may stand where the State engages in discriminatory jury selection; 2) how a convicted defendant may sufficiently demonstrate that it is more likely than not that the State engaged in purposeful discrimination; and 3) the responsibilities of the district court when ruling on a Batson objection.


The System Of Modern Criminal Conspiracy, Steven R. Morrison 2014 The Catholic University of America, Columbus School of Law

The System Of Modern Criminal Conspiracy, Steven R. Morrison

Catholic University Law Review

No abstract provided.


Summary Of Harris V. State, 130 Nev. Adv. Op. 47, Danielle Barraza 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Harris V. State, 130 Nev. Adv. Op. 47, Danielle Barraza

Nevada Supreme Court Summaries

The Court determined whether a motion to withdraw a guilty plea filed after the judgment of conviction is a remedy that is “incident to the proceedings in the trial court.”


Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein 2014 Touro College Jacob D. Fuchsberg Law Center

Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein

Touro Law Review

No abstract provided.


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