Law Commons^™

62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly

Peter R. Reilly

According to the U.S. Department of Justice (“DOJ”), deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that, over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, the article sets forth the argument …

Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly

Peter R. Reilly

A recent federal appellate court ruling of first impression permits the resolution of allegations of serious corporate criminal wrongdoing by way of an Alternative Dispute Resolution mechanism called Deferred Prosecution, without appropriate judicial review. This Article describes why this ruling is ill-advised, and suggests how other courts might address these same legal issues while arriving at different conclusions. This Article argues that if federal prosecutors are going to continue using Deferred Prosecution Agreements (“DPAs”) in addressing allegations of corporate criminal misconduct, then that discretionary power must be confined and checked through meaningful judicial review. The overriding concern with the appellate …

Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practice Act, Peter Reilly

Peter R. Reilly

In 1977, it was discovered that hundreds of U.S. companies had spent hundreds of millions of dollars in bribes to improve business overseas. In response, Congress passed the Foreign Corrupt Practices Act (FCPA), thereby making it illegal to bribe foreign officials to obtain a business advantage. A major tension has emerged between the federal agencies charged with enforcing the FCPA (i.e., the DOJ and SEC), and the corporate entities trying to stay within the legal and regulatory bounds of the statute. Specifically, while the government appears to be trying to maximize discretion and flexibility in carrying out its enforcement duties, …

Liability For Mass Sexual Abuse, Tsachi Keren-Paz, Richard W. Wright

Richard W. Wright

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]

Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng

Michael P. Seng

This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.

Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis

James W. Ellis

No abstract provided.

Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau W. Mutua

Makau Mutua

Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.

Villavicencio V. Sessions, 879 F.3d 941 (9th Cir. 2018) With Katherine Horigan ’17 And Yara Kass-Gergi ’17, Kari E. Hong, Katherine Horigan '17, Yara Kass-Gergi '17

Kari E. Hong

A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez

Guillermo J. Garcia Sanchez

The paper reviews the existing international legal regime on the war against drugs and argues that it has become obsolete in the face of the trend to legalize the consumption of certain drugs, such as marijuana, in developed nations. It particularly analyzes the contradictory practice of the United States to pressure producing states, such as Mexico and Colombia, to enforce the regime and at the same time allow the legalization of consumption in local U.S. states.

Beyond The Walls: The Importance Of Community Contexts In Immigration Detention, Emily Ryo, Ian Peacock

Emily Ryo

Predicting Danger In Immigration Courts, Emily Ryo

Emily Ryo

Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo

Emily Ryo

Here Comes The Judge: A Model For Judicial Oversight And Regulation Of The Brady Disclosure Duty, Cynthia E. Jones

Cynthia E. Jones