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Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy 2010 Fordham Law School

Databases, Doctrine, And Constitutional Criminal Procedure, Erin Murphy

Fordham Urban Law Journal

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Evidence gathered from database-related sources is now commonly introduced, and can play a pivotal proof role, in criminal trials. Although much has been written about the failure of constitutional law to adequately respond to the threat to privacy rights posed by databases, less attention ...


Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins 2010 Fordham Law School

Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins

Fordham Urban Law Journal

This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision ...


Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys 2010 Fordham Law School

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys

Fordham Urban Law Journal

In this symposium contribution, I contend that the application of the Fourth Amendment exclusionary rule in cases tried by juries raises troubling moral issues that are not present when a judge adjudicates a case on his or her own. Specifically, I argue that the exclusionary rule infringes upon jurors’ deliberative autonomy by depriving them of available evidence that rationally bears upon their verdict and by instrumentalizing them in service to the Court’s deterrence objectives. After considering ways in which those moral problems could be at least partially mitigated, I contend that the best approach might be to abandon the ...


International Movement To Deter Corruption: Should China Join?, Paul D. Carrington 2010 Duke Law School

International Movement To Deter Corruption: Should China Join?, Paul D. Carrington

Faculty Scholarship

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of ...


“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

“Hard Strikes And Foul Blows”: Berger V. United States 75 Years After, Bennett L. Gershman

Pace Law Faculty Publications

My essay examines one of the most iconic decision of the Supreme Court seventy five years later. Berger v. United States is the most eloquent and authoritative description of the prosecutor's duty "not that it shall win a case but that justice shall be done." My essay looks at why the Court decided to take up the case then, and why it has become so prominent in criminal law and ethics.


Autores Y Cooperadores, Luis E. Chiesa 2010 Pace Law School

Autores Y Cooperadores, Luis E. Chiesa

Pace Law Faculty Publications

No abstract provided.


The Need For Prosecutorial Discretion, Stephanos Bibas 2010 University of Pennsylvania Law School

The Need For Prosecutorial Discretion, Stephanos Bibas

Faculty Scholarship

No abstract provided.


The Sexual Assault Of Intoxicated Women, Janine Benedet 2010 Allard School of Law at the University of British Columbia

The Sexual Assault Of Intoxicated Women, Janine Benedet

Faculty Publications

This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing ...


New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi 2010 University of Pennsylvania

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi

Faculty Scholarship

No abstract provided.


The Structural Causes Of Mortgage Fraud, Jim Smith 2010 UGA School of Law

The Structural Causes Of Mortgage Fraud, Jim Smith

Scholarly Works

Mortgage fraud, often a violation of federal and state criminal statutes, covers a number of different types of behavior, all of which have the common denominator of conduct that has the intent or effect of impairing the value of residential mortgage loans. Mortgage fraud has become prevalent over the past decade and shows no signs of diminishing despite the collapse of domestic housing markets during the past two years. This paper analyzes the complex relationships between prime mortgage loan markets, subprime markets, and various types of mortgage fraud. This paper concludes that the root causes of mortgage fraud are associated ...


The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies 2010 Roger Williams University School of Law

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Criminal Law: 2007-2010 Survey Of Florida Law, Pearl Goldman 2010 Nova Southeastern University - Shepard Broad Law Center

Criminal Law: 2007-2010 Survey Of Florida Law, Pearl Goldman

Faculty Scholarship

This article surveys selected criminal law decisions of the Supreme Court of Florida and the Florida District Courts of Appeal published between July 31, 2007 and July 31, 2010. The survey covers cases of first impression, decisions involving or identifying conflicts between the Florida District Courts of Appeal, questions certified to the Supreme Court of Florida as being of great public importance and cases that clarify or expand upon existingprinciples of law. It also summarizes an important decision of the Supreme Court of the United States concerning the punishment of juvenile, nonhomicide offenders in Florida. Cases discussing procedural and evidentiaryissues ...


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis 2010 University of Pennsylvania

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship

No abstract provided.


Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo 2010 Fordham Law School

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard A. Leo

Fordham Urban Law Journal

The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politic and an acknowledgment that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake ...


The 'New' Exclusionary Rule Debate: From 'Still Preoccupied With 1985' To 'Virtual Deterrence', Donald A. Dripps 2010 Fordham Law School

The 'New' Exclusionary Rule Debate: From 'Still Preoccupied With 1985' To 'Virtual Deterrence', Donald A. Dripps

Fordham Urban Law Journal

The justices of the Supreme Court have drawn new battle lines over the exclusionary rule. In Hudson v. Michigan, 547 U.S. 586 (2006), a five-justice majority, over a strong dissent, went out of the way to renew familiar criticisms of the rule. Just this January, in Herring v. United States, 129 S.Ct. 695 (2009), the justices again divided five to four. This time the dissenters raised the ante, by arguing that the Court's cost-benefit approach to applying the rule is misguided. For the first time since Justice Brennan left the Court, some of the justices appealed to ...


Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer 2010 Brooklyn Law School

Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer

Faculty Scholarship

No abstract provided.


Enforcing International Corrupt Practices Law, Paul D. Carrington 2010 Duke Law School

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.


Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz 2010 Chapman University

Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz

Peace Studies Faculty Articles and Research

Book review of Jodie Michelle Lawston's "Sisters Outside: Radical Activists Working for Women Prisoners".


Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul H. Robinson, Michael T, Cahill, Daniel M. Bartels 2010 University of Pennsylvania

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Paul H. Robinson, Michael T, Cahill, Daniel M. Bartels

Faculty Scholarship

Blackmail, a wonderfully curious offense, is the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich literature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any ...


International Decision, African Court On Human And Peoples’ Rights, Michelot Yogogombaye V. Republic Of Senegal, Charles Chernor Jalloh 2010 Florida International University College of Law

International Decision, African Court On Human And Peoples’ Rights, Michelot Yogogombaye V. Republic Of Senegal, Charles Chernor Jalloh

Faculty Publications

State Parties have automatic access to the African Court on Human and Peoples’ Rights, based in Arusha, Tanzania. In stark contrast, individuals and NGOs (i.e. those most likely to bring cases alleging human rights violations), can only initiate proceedings if the respondent State has entered a special declaration accepting the Court’s competence to receive such cases. Predictably, in a continent rife with human rights violations, only a few African States have accepted the Court’s jurisdiction to hear such (individual or NGO) petitions since its formal creation in June 1998. After years without hearing any cases, the Court ...


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