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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 ...


Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid 2014 Lincoln Memorial University - Duncan School of Law

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

Intelligence is defined as the collection and analysis of information of military or political value, many times relevant to national security issues, and necessary to implement operational counterterrorism. The U.S. government has demonstrated a history of intelligence collection, gathering information on communists in the 1950s, civil rights groups and Vietnam War protesters in the 1960s, and a wide variety of diverse groups, both U.S. citizens and non-U.S. citizens, today. The purpose for much of this intelligence gathering has been under the guise of national security. Edward Snowden’s recent disclosures of secret U.S. government surveillance programs ...


Preliminayr Study On The Advisory Jurisdiction Of International Criminal Court, Ying Yang 2014 SelectedWorks

Preliminayr Study On The Advisory Jurisdiction Of International Criminal Court, Ying Yang

Ying Yang

The Rome Statute and the Regulations of the International Criminal Court stipulate the very detailed contentious jurisdiction, but the Advisory Jurisdiction are not mentioned. Advisory jurisdiction, as the complement of the contentious jurisdiction, not only provides the other aspect support of legal basis for the settlement of international disputes, but also provides a new way of legal remedies for the statutory advisory qualified international organizations and other subjects of international law. Therefore, I try to suggest that the International Criminal Court can establish an Advisory Committee that includes two parts, one part is the Advisory Committee on Legal Texts, the ...


The Stickiness Principle And Searches Incident To Arrest, Steven I. Friedland 2014 SelectedWorks

The Stickiness Principle And Searches Incident To Arrest, Steven I. Friedland

Steven I. Friedland

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together in judicial decisions, creating a Stickiness Principle. In particular, form and function historically were viewed as an identity, not a dichotomy. For example, containers carried things, watches told time, and telephones were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle.

In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question ...


Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark 2014 Golden Gate University School of Law

Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark

Golden Gate University Law Review

This Comment examines three recent U.S. Supreme Court decisions dealing with forensic evidence and how its use is affected by the Confrontation Clause. The Confrontation Clause provides a defendant with the right to confront adverse witnesses. Notably, in Williams v. Illinois, Justice Breyer pointed out that the Court has explicitly not addressed the “outer limits of the “testimonial statements” rule set forth in Crawford v. Washington.” Specifically, Justice Breyer asked how “the Confrontation Clause [applies] to the panoply of crime laboratory reports and underlying technical statements written by (or otherwise made by) laboratory technicians?” This question, while left unanswered ...


The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns 2014 Pepperdine University

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.


Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello 2014 SelectedWorks

Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Welcome: We’re Glad Georgia is On Your Mind.

Georgia is on many minds as Warren Hill prepares for a state court hearing to once again begin the process of trying to show that he is intellectually disabled. As Warren Hill continues to flirt with death, one must ask, is Georgia really going to execute someone that nine experts and a lower court twice found to be mentally retarded? The answer is yes, and the Georgia courts do not understand why we are scratching our heads. The answer is simple: executing an intellectually disabled man is akin to strapping a ...


A “More Searching Judicial Inquiry”: The Justiciability Of Intra-Military Sexual Assault Claims, Ann-Marie Woods 2014 Boston College Law School

A “More Searching Judicial Inquiry”: The Justiciability Of Intra-Military Sexual Assault Claims, Ann-Marie Woods

Boston College Law Review

More than seventy members of the U.S. military face abusive sexual contact, aggravated sexual assault, or rape every day, equating to three victims every hour. Congress and the Department of Defense have proposed reforms that focus on changes to the criminal justice system under the Uniform Code of Military Justice (UCMJ) in addition to tactical safety and informational efforts for prevention and response. Although deterrent measures and a transparent criminal justice system are both necessary components for meaningful reform, this Note argues that lasting institutional change and true individual justice can only be achieved by providing a civil remedy ...


An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein 2014 Boston College Law School

An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein

Boston College Law Review

Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would otherwise give people in these communities the ability to protect themselves. Although public outcry has prompted pending legislation in Congress to repeal some of these exemptions, such as the Alaska Safe Families and Villages Act, even that legislation does not go far enough to achieve a permanent and effective solution to what is a life-or-death ...


"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor 2014 University of Georgia School of Law

"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor

Georgia Journal of International & Comparative Law

No abstract provided.


A Study Of The Right To Counsel Of In Custody Suspects In Taiwan Criminal Proceedings, JONG-YI CHIOU 2014 SelectedWorks

A Study Of The Right To Counsel Of In Custody Suspects In Taiwan Criminal Proceedings, Jong-Yi Chiou

JONG-YI CHIOU

In response to the development of protection of human right, Judicial Yuan, Taiwan R.O.C. [hereinafter J.Y.]) Interpretation No. 654 (Jan. 23th, 2009) changed Taiwan’s criminal proceedings. It held that article 23 paragraphs 3, and article 28 of Detention Act which provided that when a counsel visits the accused in custody, the visitation shall be under surveillance and audio-recording without considering whether such surveillance complies with the purpose of detention or is necessary in maintaining the order of the detention facility or not, violated the principle of proportionality under article 23 of the Constitution and was ...


Hall V. Florida: The Death Of Georgia’S Beyond A Reasonable Doubt Standard, Adam Lamparello 2014 SelectedWorks

Hall V. Florida: The Death Of Georgia’S Beyond A Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

No abstract provided.


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 ...


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