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American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin Jan 2013

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Publications

In an effort to reexamine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue nonstate actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth-century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities and …


De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin Jan 2013

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Publications

Innocence, it turns out, is a complex concept. Yet the Innocence Movement has drawn power from the simplicity of the wrong-person story of innocence, as told most effectively by the DNA cases. The purity of that story continues to have power, but that story alone cannot sustain the Innocence Movement. It is too narrow. It fails to accommodate the vast majority of innocent people in our justice system. It fails to embrace innocence in its full complexity. . . . [I]n the end, for virtually all purposes, innocence must be understood under the objective rules that have long governed the …


Prostitution 3.0?, Scott R. Peppet Jan 2013

Prostitution 3.0?, Scott R. Peppet

Publications

This Article presents an entirely novel approach to prostitution reform focused on incremental market improvement facilitated by information law and policy. Empirical evidence from the economics and sociology of sex work shows that new, Internet-enabled, indoor forms of prostitution may be healthier, less violent, and more rewarding than traditional street prostitution. This Article argues that these existing "Prostitution 2.0" innovations have not yet improved sex markets sufficiently to warrant legalization. It suggests that creating a new "Prostitution 3.0" that solves the remaining problems of disease, violence, and coercion in prostitution markets is possible, but would require removing legal barriers to …


Neofeminism, Aya Gruber Jan 2013

Neofeminism, Aya Gruber

Publications

Today it is prosaic to say that "feminism is dead." Far from being moribund, feminist legal theory is breaking from its somewhat dogmatic past and forging ahead with new vigor. Many modern feminist legal scholars seek innovative ways to better the legal, social, and economic status of women while simultaneously questioning some of the more troubling moves of second-wave feminism, such as the tendency to essentialize the woman's experience, the turn to authoritarian state policies, and the characterization of women as pure objects or agents. These "neofeminists" prioritize women's issues but maintain a strong commitment to distributive justice and recognize …


Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Designation Of Certain Positions In The Department Of Public Safety., Colorado General Assembly Jan 2012

Concerning Designation Of Certain Positions In The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Annual Reductions In The Amount Of Tobacco Litigation Settlement Moneys That Are Allocated In The Fiscal Year In Which The State Receives Them, And, In Connection Therewith, Offsetting The Reductions With Tobacco Litigation Settlement Cash Fund Moneys Made Available By The Repeal Of The Short-Term Innovative Health Program Grant Fund., Colorado General Assembly Jan 2012

Concerning Annual Reductions In The Amount Of Tobacco Litigation Settlement Moneys That Are Allocated In The Fiscal Year In Which The State Receives Them, And, In Connection Therewith, Offsetting The Reductions With Tobacco Litigation Settlement Cash Fund Moneys Made Available By The Repeal Of The Short-Term Innovative Health Program Grant Fund., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Financing Of Public Schools, And, In Connection Therewith, Requiring A Post-Enactment Review Of The Implementation Of This Act And Making And Reducing Appropriations., Colorado General Assembly Jan 2012

Concerning The Financing Of Public Schools, And, In Connection Therewith, Requiring A Post-Enactment Review Of The Implementation Of This Act And Making And Reducing Appropriations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Changes To Statutory Provisions Related To Criminal Proceedings, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2012

Concerning Changes To Statutory Provisions Related To Criminal Proceedings, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Victims' Rights Act., Colorado General Assembly Jan 2012

Concerning The Victims' Rights Act., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Failure To Present Valid Evidence Of Mass Transit Fare Payment, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2012

Concerning Failure To Present Valid Evidence Of Mass Transit Fare Payment, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly Jan 2012

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Trafficking Of Human Beings., Colorado General Assembly Jan 2012

Concerning The Trafficking Of Human Beings., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Index To The Senate Journal State Of Colorado: Sixty-Eighth General Assembly Second Regular Session, Colorado General Assembly Jan 2012

Index To The Senate Journal State Of Colorado: Sixty-Eighth General Assembly Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson Jan 2012

Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson

University of Colorado Law Review

In Wend v. People, the Colorado Supreme Court reversed a second-degree murder conviction because the prosecutor repeatedly used various forms of the word "lie" to describe some of the defendant's statements made during two taped interviews with the police. In its opinion, the court first held that in Colorado it is categorically improper for a prosecutor to use the word "lie." In doing so, it committed itself to a unique legal standard for one word that runs contrary to the traditional legal test used nationwide for all forms of prosecutorial misconduct. Then, the court reversed the conviction on plain error …


Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice Jan 2012

Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice

University of Colorado Law Review

No abstract provided.


Prisons, Poverty And Power, Daria Roithmayr Jan 2012

Prisons, Poverty And Power, Daria Roithmayr

Publications

No abstract provided.


Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?, Wadie E. Said Jan 2012

Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?, Wadie E. Said

Publications

Aziz Rana's article presents clearly the overlooked but crucial question of "Who Decides on Security?" Namely, is determining who or what groups constitute a threat something that we are capable of making ourselves, or must we necessarily cede that authority to those in power-who supposedly have both the access to knowledge and the ability to understand it-to protect us from threats we cannot perceive? Using Rana's historical analysis as a framework, this Article builds on his thesis to show how the wide latitude granted to the conclusions of the Executive Branch's national security specialists in political matters has migrated into …


Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber Jan 2012

Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber

Publications

No abstract provided.


Understanding The United States' Incarceration Rate, William T. Pizzi Jan 2012

Understanding The United States' Incarceration Rate, William T. Pizzi

Publications

What has caused prison sentences to climb so sharply and consistently in the last four decades?


A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber Jan 2012

A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber

Publications

No abstract provided.


Why We Need A Progressive Account Of Violence, Aya Gruber Jan 2012

Why We Need A Progressive Account Of Violence, Aya Gruber

Publications

No abstract provided.


Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray Jan 2012

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Publications

Prosecutors, like most Americans, view the criminal-justice system as fundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices--and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors--contribute to the staggering and disproportionate incarceration of black …


"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss Jan 2012

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Publications

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …


Renegotiating The Social Contract, Jennifer S. Hendricks Jan 2012

Renegotiating The Social Contract, Jennifer S. Hendricks

Publications

This review of The Supportive State: Families, Government and America’s Political Ideals highlights Maxine Eichner’s important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The review then considers some implications of Eichner’s proposals and their likely reception among feminists. It concludes that The Supportive State is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.


The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said Jan 2012

The Message And Means Of The Modern Terrorism Prosecution, Wadie E. Said

Publications

This Article, written in conjunction with Transnational Law and Contemporary Problems' 2011 Symposium on Ten Years After 9/11: Rethinking Counterterrorism, stemmed from a panel that examined "how the United States and other Western countries receive Islamic culture in their societies and how they export their Western cultures to the Islamic world, in each case to assess the degree to which their cross-cultural behaviors mitigate or worsen anti-Western terrorism from the Middle East and Central/South Asia and to recommend solutions if needed."' This contribution focuses on the criminal terrorism prosecution in the United States, and takes up the panel's theme by …