Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler 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, 2015 University of Illinois College of Law
Structural Police Reform, Stephen Rushin
No abstract provided.
Orwellian Surveillance Of Vehicular Travels, 2014 SelectedWorks
Orwellian Surveillance Of Vehicular Travels, Sam Hanna
What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries ...
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory ...
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond
Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety through reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts. This Note argues that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only to ...
The Appropriate Standard Of Proof For Determining Intellectual Disability In Capital Cases: How High Is Too High?, Timothy Saviello
This paper takes a comprehensive look at how intellectual disability is diagnosed and proven in court, and applies the reasoning in the recent Supreme Court decision in Hall v. Florida to the determination of the appropriate standard of proof when capital defendants raise intellectual disability, concluding that preponderance of the evidence is the only standard of proof which adequately protects intellectually disabled capital defendants from unconstitutional execution.
In Atkins v. Virginia the Supreme Court held that the Eighth Amendment’s prohibition of cruel and unusual punishment prevented the execution of a criminal defendant suffering from intellectual disability. Because the Court ...
U.S. Insider Trading Law Enforcement: Survey Of Sec Actions From 2009 To 2013 And Issues, Chien-Chung Lin, Eric Hung
This article discusses the SEC’s insider trading enforcement actions from 2009 to 2013. With an introduction of the current procedures and regulatory tools available, this article provides a thorough survey on the insider trading cases found from SEC’s official website, related databases and litigation releases in the corresponding period and compiles the results in appendices. In doing so, we present a first-hand, detailed picture of insider trading law in the United States and its enforcement. The data also relates to several much debated theoretical issues in this area, including the merit of punishing insider trading activities, the efficacy ...
Federal Programs And The Real Costs Of Policing, 2014 SelectedWorks
Federal Programs And The Real Costs Of Policing, Rachel A. Harmon
Rachel A. Harmon
Dozens of federal statutes authorize federal agencies to give money and power to local police departments and municipalities in order to improve public safety. While federal programs encourage better coordination of local police efforts and make public safety less financially costly for local communities, they also have a darker side: they encourage harmful policing. Of course, policing often interferes with our interests in autonomy, privacy and property, and those harms are often worthwhile in exchange for security and order. Federal public safety programs, however, are designed, implemented, and evaluated without reference to the non-budgetary costs of policing. When those costs ...
Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, 2014 SelectedWorks
Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf
Fatma E Marouf
This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and ...
Gay Panic And The Case For Gay Shield Laws, 2014 SelectedWorks
Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay
In a highly publicized “gay panic” case, Brandon McInerney shot and killed Larry King in their middle school classroom. King was a self-identified gay student who sometimes wore jewelry and makeup to school and, according to those who knew him, was possibly transgender. Tried as an adult for first-degree murder, McInerney asserted a heat of passion defense based upon King’s alleged sexual advances. The jury deadlocked, with a majority accepting McInerney’s defense.
Drawing largely upon qualitative empirical research, this article uses the Larry King murder case as a prism though which to view the doctrinal, theoretical, and policy ...
The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams
Ryan T. Williams
Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other ...
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, 2014 San José State University
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown
The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates ...
Criminal Liability Of Public Officials For Illicit Enrichment: Comparing Methods Of Proof In Illicit Enrichment Investigations In Indonesia And The U.S., Laras -. Susanti
Laras - Susanti
In recent years, the international community has come to recognize the power of investigating illicit enrichment for uncovering corrupt offenses. The Inter-American Convention Against Corruption (IACAC) and the United Nation Convention Against Corruption (UNCAC) are two international conventions that address the issue of illicit enrichment. Indonesia, as a signatory of the UNCAC, does not criminalize illicit enrichment as the UNCAC recommends, but it does require public officials to submit financial disclosures, which may be used by the Indonesian Corruption Eradication Commission (KPK) to strengthen the evidence in corruption prosecutions. This system has not worked, however, because there is no criminal ...
Clemency And The Unitary Executive, 2014 NELLCO
Clemency And The Unitary Executive, Rachel E. Barkow
New York University Public Law and Legal Theory Working Papers
President Obama’s use of enforcement discretion to achieve important domestic policy initiatives – including in the field of criminal law – have sparked a vigorous debate about where the President’s duty under the Take Care Clause ends and legitimate enforcement discretion begins. But even with broad power to set enforcement charging policies, the President controls only the discretion of his or her agents at the front-end to achieve policy goals. What about enforcement decisions already made, either by his or her own agents or actors in previous administrations, with which the President disagrees? The Framers anticipated this issue in the ...
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, 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, 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
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?, 2014 SelectedWorks
Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles E. Maclean
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 ...