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The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum 2017 New York University School of Law

The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum

Fordham Law Review

The panel I was assigned to, for this distinguished gathering of scholars at Fordham Law School, where I had previously been a professor for twentythree years, was given the name, “Caution Against Overreaching.” Overreaching and the caution it occasions, in this case, refer to the First Amendment, a uniquely American absolutist, legalistic obsession. For many who fixate on such matters, the government must never be allowed to trample upon the unfettered free speech rights guaranteed under America’s first, and most favorite, Amendment.


Social Media Accountability For Terrorist Propaganda, Alexander Tsesis 2017 Loyola University School of Law

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Fordham Law Review

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act’s § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints about ...


Why Civil And Criminal Procedure Are So Different: A Forgotten History, Ion Meyn 2017 University of Wisconsin Law School

Why Civil And Criminal Procedure Are So Different: A Forgotten History, Ion Meyn

Fordham Law Review

Much has been written about the origins of civil procedure. Yet little is known about the origins of criminal procedure, even though it governs how millions of cases in federal and state courts are litigated each year. This Article’s examination of criminal procedure’s origin story questions the prevailing notion that civil and criminal procedure require different treatment. The Article’s starting point is the first draft of the Federal Rules of Criminal Procedure—confidential in 1941 and since forgotten. The draft reveals that reformers of criminal procedure turned to the new rules of civil procedure for guidance. The ...


Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb 2017 Fordham University School of Law

Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb

Fordham Law Review

Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.


Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz 2017 Fordham University School of Law

Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz

Fordham Law Review

The United States faces a barrage of threats from terrorist organizations on a daily basis. The government takes some steps to prevent these threats from coming to fruition, but not much is being done proactively. Any person can log into a social media account to preach hate and incite violence against the United States and its citizenry, and sometimes these words result in action. When speakers are not held accountable, they can continue to incite the masses to violent action across the United States. This Note proposes a new incitement doctrine to prevent these speakers from being able to spread ...


A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong 2017 Boston College Law School

A New Mens Rea For Rape: More Convictions And Less Punishment, Kari E. Hong

Boston College Law School Faculty Papers

There is no doubt that the law of rape is in need of reform. Compared to other crimes, reported rapes are convicted at 1/3 the rate of robberies and 1/6 the rate of assaults. Because knowing the identity of an assailant should lead to more, not fewer, convictions, this low conviction rate then is surprising given that acquaintance rapes—where the attacker is known to the victim—account for 80% of all rapes. Criminal law serves a vital purpose when it can clearly define criminal conduct and separate it from lawful activity. To effectively draw this line, criminal ...


Informe Ejecutivo De La Consulta Nacional Sobre El Modelo De Procuración De Justicia, Javier Martín Reyes, Sergio Lopez Ayllón, Pedro Salazar Ugarte, Gabriela Ortiz Quintero, Bertha María Alcalde Luján, José Antonio Caballero Juárez, María del Carmen Novoa Cancela 2017 Centro de Investigación y Docencia Económicas

Informe Ejecutivo De La Consulta Nacional Sobre El Modelo De Procuración De Justicia, Javier Martín Reyes, Sergio Lopez Ayllón, Pedro Salazar Ugarte, Gabriela Ortiz Quintero, Bertha María Alcalde Luján, José Antonio Caballero Juárez, María Del Carmen Novoa Cancela

Javier Martín Reyes


La Consulta Nacional sobre el Modelo de Procuración de Justicia se despliega en un momento complejo del país en donde confluyen varios fenómenos que inciden en el sistema de procuración de justicia y que obligan a repensarlo en su totalidad.

Por una parte, es consecuencia directa de los problemas detectados a partir de la entrada en vigor, en todo el país, del sistema penal oral y acusatorio creado a partir de la reforma constitucional en materia de justicia penal y seguridad pública de 2008, así como de las leyes nacionales aprobadas durante su régimen de transición: el Código Nacional de ...


The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh 2017 Florida International University College of Law

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Charles C. Jalloh

A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring ...


Provisional Arrest And Incarceration In The International Criminal Tribunals, Charles Chernor Jalloh, Melinda Taylor 2017 Florida International University College of Law

Provisional Arrest And Incarceration In The International Criminal Tribunals, Charles Chernor Jalloh, Melinda Taylor

Charles C. Jalloh

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before ...


Regionalizing International Criminal Law?, Charles Chernor Jalloh 2017 Florida International University College of Law

Regionalizing International Criminal Law?, Charles Chernor Jalloh

Charles C. Jalloh

This article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa’s numerous conflicts, could contribute significantly to the continent’s fledgling peace and security architecture ...


Does Living By The Sword Mean Dying By The Sword?, Charles Chernor Jalloh 2017 Florida International University College of Law

Does Living By The Sword Mean Dying By The Sword?, Charles Chernor Jalloh

Charles C. Jalloh

What do serial killer Ted Bundy, 9/11 terrorist Zacarias Moussaoui and alleged “Butcher of the Balkans” Slobodan Milošević have in common? Besides being accused of perpetrating some of the worst crimes known to law, they each insisted on representing themselves in court without the assistance of a lawyer. Not surprisingly, Bundy and Moussaoui were convicted. And although Milošević died just before trial judgment was rendered, it is widely speculated that he too would have been convicted by the International Criminal Tribunal for the former Yugoslavia. This article examines the right to self-representation in international criminal law. Using a comparative ...


How To Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal To Create An Appropriate Balance, Kyle Kennedy 2017 University of Arkansas, Fayetteville

How To Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal To Create An Appropriate Balance, Kyle Kennedy

Arkansas Law Review

“Substance abuse in pregnancy is associated with a number of adverse outcomes for the woman, fetus, and neonate.” A recent study indicated that approximately 5.9% of pregnant women between the ages of fifteen and forty-four use illicit drugs. Prenatal illicit drug use has escalated over the past decade, causing an increase in “maternal and neonatal complications, neonatal abstinence syndrome, and health care costs.” Following alcohol and marijuana, methamphetamine is the most commonly abused drug.4 By 2006, admissions for treatment of methamphetamine abuse among pregnant women had increased to twenty-four percent of federally-funded treatment admissions, up from eight percent ...


Symbols, Slogans, And Cymbals Of Criminal Justice: Where's The Substance?, Honorable Joseph W. Bellacosa 2017 St. John's University School of Law

Symbols, Slogans, And Cymbals Of Criminal Justice: Where's The Substance?, Honorable Joseph W. Bellacosa

The Catholic Lawyer

No abstract provided.


A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice 2017 University of Richmond

A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice

Richmond Public Interest Law Review

Virginia has one of the lowest felony grand larceny thresholds in the nation. This low threshold has not been adjusted with inflation since 1980 and, thus, results in a high number of felony convictions in the state today. This article examines the current debate surrounding Virginia’s felony grand larceny threshold and presents a remedy that will reasonably man- age the state’ s interests in preventing future larcenies while not unduly punishing citizens for committing minor crimes.


Thinking Inside The Box: Placing Form Over Function In The Application Of The Statutory Sentencing Procedure In State Of Maine V. Eugene Downs, Matthew E. Lane 2017 University of Maine School of Law

Thinking Inside The Box: Placing Form Over Function In The Application Of The Statutory Sentencing Procedure In State Of Maine V. Eugene Downs, Matthew E. Lane

Maine Law Review

In State v. Hewey, the Maine Supreme Judicial Court found that the sentencing court erred in imposing a sentence that exceeded the maximum applicable period of incarceration for a Class A crime and accordingly vacated the sentence. Perhaps more importantly, the Law Court used the case as an “opportunity for clarification of [its] review of an appeal from a sentence imposed by the trial court.” A unanimous court sought to clear up some inconsistencies in previous decisions regarding “the terminology used to define each of the three steps” of the sentencing process by better describing the procedure “by which the ...


Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro 2017 University of Maine School of Law

Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro

Maine Law Review

This is not an Article about the Nazi regime’s war on crime, nor does it analyze the possible lawlessness of the Weimar Republic. It does, however, consider the role of crime in transitional states. As such, the observation above is relevant to the issues examined in the pages that follow. Crime and the manipulation of the fear it promotes were essential to the rise of Nazism, the fall of the Weimar Republic, and the historical record of both regimes. I contend that we must recognize the vital role of street crime in the stability and instability of newly democratic ...


Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman 2017 University of Maine School of Law

Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman

Maine Law Review

From the beginning, race played a role in the prosecution of Christopher McCowen for the rape and murder of well-known fashion writer Christa Worthington. To some, the trial was even a spectacle and treated as “one of the most spectacular homicide cases in [Massachusetts'] history.” It quickly became a “made-for-cable-news tale of the heiress fashion writer and her lowly Portuguese fisherman lover, illicit sex, and an out-of-wedlock child,” all set in a seaside village. McCowen, an African-American garbage man, was right in the middle of it; police and prosecutors did not believe his assertions that he had consensual sex with ...


"Another Day" Has Dawned: The Maine Supreme Judicial Court Holds Laboratory Evidence Subject To The Confrontation Clause In State V. Mangos, Reid Hayton-Hull 2017 University of Maine School of Law

"Another Day" Has Dawned: The Maine Supreme Judicial Court Holds Laboratory Evidence Subject To The Confrontation Clause In State V. Mangos, Reid Hayton-Hull

Maine Law Review

The Sixth Amendment's Confrontation Clause guarantees criminal defendants the right to “confront witnesses against them.” Specifically, the Clause ensures a criminal defendant's right to confront witnesses who testify against him by the unique medium, or “crucible,” of cross-examination. Although federal and state rules of evidence prohibiting hearsay and the Confrontation Clause are designed to protect similar interests, whether or not admission of a piece of evidence violates a defendant's rights under the Confrontation Clause is a separate analysis than whether that same piece of evidence is admissible under a rule of evidence. In 2004, the United States ...


The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr 2017 University of Maine School of Law

The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr

Maine Law Review

On January 14, 2009, the United States Supreme Court decided Herring v. United States. In Herring, the defendant moved to suppress evidence that he alleged was seized as a result of an arrest that violated the Fourth and Fourteenth Amendments to the U.S. Constitution. The Supreme Court approved the decision below to deny suppression of the evidence. The decision set off a flurry of speculation that the Fourth Amendment exclusionary rule would not see its 100th birthday in 2014. A headline in the New York Times of January 31 declared: “Supreme Court Edging Closer to Repeal of Evidence Ruling ...


Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello 2017 University of Maine School of Law

Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello

Maine Law Review

In Strickland v. Washington, the United States Supreme Court issued a seminal holding that single-handedly rendered it nearly impossible for a capital defendant to demonstrate that he was the victim of ineffective assistance of counsel at the underlying trial or at sentencing. Indeed, due in substantial part to the fact that "Strickland was not intended to impose rigorous standards on criminal defense attorneys," the Court found ineffective assistance of counsel in only one case over the next sixteen years. Critically, however, during this time, both state and federal courts bore witness to some of the most horrific examples of death ...


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