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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 ...


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

Structural Police Reform, Stephen Rushin

Stephen Rushin

No abstract provided.


An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue 2014 SelectedWorks

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death ...


Orwellian Surveillance Of Vehicular Travels, Sam Hanna 2014 SelectedWorks

Orwellian Surveillance Of Vehicular Travels, Sam Hanna

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 ...


Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan 2014 University of Georgia School of Law

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn 2014 University of Georgia School of Law

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley 2014 University of Georgia School of Law

Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar 2014 Western University

Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar

Western Journal of Legal Studies

Technological innovations are changing the practice of law. Lawyers need to be aware of both the advantages of new technologies and the novel concerns that arise in the digital age. This article discusses eight issues that lawyers should be aware of with respect to technological advances within the legal field: (1) cloud technology, (2) the privacy implications that arise from new technology, (3) data storage technology, (4) electronic trials and hearings, (5) demonstrative evidence, (6) digital exhibit books, (7) internet searches and witnesses, and (8) video conference testimony.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 2014 Western University

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole 2014 University of Georgia School of Law

Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer 2014 SelectedWorks

Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer

Arthur L. Rizer III

This article argues that the current cartel war in Mexico represents a clear and present danger to the national security of the United States. Some have estimated Mexico, one of the United States’ closest allies, has lost more than 60,000 people in its drug war. That is approximately a murder every hour related to cartel violence. Some experts claim the death toll has been greatly soft-pedaled, with the government reducing violence by simply not reporting it, and that the actual death toll is over 100,000. These numbers do not even include the nearly 40,000 Americans who die ...


Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove 2014 SelectedWorks

Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove

Amir Shachmurove

No abstract provided.


Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram 2014 SelectedWorks

Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram

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 2014 SelectedWorks

The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond

Catharine 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 2014 SelectedWorks

The Appropriate Standard Of Proof For Determining Intellectual Disability In Capital Cases: How High Is Too High?, Timothy Saviello

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 ...


A "Thicket Of Procedural Brambles:" The "Order Of Battle" In Qualified Immunity And Habeas Corpus, Laura S. Aronsson 2014 Notre Dame Law School

A "Thicket Of Procedural Brambles:" The "Order Of Battle" In Qualified Immunity And Habeas Corpus, Laura S. Aronsson

Notre Dame Journal of Law, Ethics & Public Policy Online

This Note is confined to qualified immunity and habeas corpus sequencing jurisprudence. Scholars have debated these “order of battle” issues, arguing for a mandatory constitutional merits analysis in every qualified immunity or habeas corpus claim, while others have written articles that support the current approaches with certain carved-out exceptions. A few scholars have discussed qualified immunity and habeas corpus together, along with other doctrines, to demonstrate alleged recent judicial activist tendencies. Others have discussed the doctrines together in the context of civil rights, arguing that the qualified immunity expansion and the introduction of the AEDPA standard has led to legal ...


U.S. Insider Trading Law Enforcement: Survey Of Sec Actions From 2009 To 2013 And Issues, Chien-Chung Lin, Eric Hung 2014 SelectedWorks

U.S. Insider Trading Law Enforcement: Survey Of Sec Actions From 2009 To 2013 And Issues, Chien-Chung Lin, Eric Hung

Chien-Chung Lin

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 ...


Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf 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, Kelly Strader, Molly Selvin, Lindsey Hay 2014 SelectedWorks

Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay

Kelly Strader

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 2014 SelectedWorks

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 ...


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