Law Commons^™

Keep America Exceptional! Against Adopting Japanese And European-Style Criminalization Of Contributory Copyright Infringement, Salil K. Mehra

Vanderbilt Journal of Entertainment & Technology Law

This brief Article, written in connection with a Symposium hosted by the Vanderbilt Journal of Entertainment and Technology Law, addresses nascent criminal enforcement against contributory copyright infringement in connection with P2P file sharing. Using Judge Posner's analysis in the Aimster case as a lens, it discusses recent cases in Japan and Sweden. This Article contends that criminalization involves an inherent uncertainty involving an innovator's knowledge of, and intent for, the future uses of the platform by others. Despite the difficulty of this task, since Japan and the E.U. have seen criminal prosecutions brought against contributory infringers, it should not evoke …

Arizona V. Gant: Missing An Opportunity To Banish Bright Lines From The Court’S Vehicular Search Incident To Arrest Jurisprudence, Jack Blum

Maryland Law Review

No abstract provided.

The Islamic Rule Of Lenity: Judicial Discretion And Legal Canons, Intisar A. Rabb

Vanderbilt Journal of Transnational Law

This Article explores an area of close parallel between legal doctrines in the contexts of Islamic law and American legal theory. In criminal law, both traditions espouse a type of "rule of lenity" that curious common law rule that instructs judges not to impose criminal sanctions in cases of doubt. The rule is curious because criminal law is a peremptory expression of legislative will. However, the rule of lenity would seem to encourage courts to disregard one of the most fundamental principles of Islamic and American legislation and adjudication: judicial deference to legislative supremacy. In the Islamic context, such a …

Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball

Journal of Law and Health

This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.

Sex-Cells: Evaluating Punishments For Teen "Sexting" In Oklahoma And Beyond, John M. Krattiger

Oklahoma Law Review

No abstract provided.

Political Gangsters: The Future Of Racketeering Law In Politics Note, Jillian Henzler

Cleveland State Law Review

Racketeering law and election restrictions are two areas of law that are not typically connected. Previous to the landmark decision in Citizens United, the chances of finding racketeering within election law were probably very slim.The corruption created by this new ruling is a fear that the government has been trying to combat for over a century. Not only will the effects of this new rule increase the appearance of corruption, this corruption may rise to a criminal level if racketeering action actually takes place. The ever-changing and expanding definition of racketeering under the Racketeering Influenced and Corrupt Organizations Act shows …

The Panic Defense And Model Rules Common Sense: A Practical Solution For A Twenty-First Century Ethical Dilemma, Teresa M. Garmon

Georgia Law Review

The attorney-client relationshipremains one of the most
highly regarded associations in society and is of
indispensable importance for criminal defendants, but it
is not a relationship that lasts forever. The Model Rules of
Professional Conduct (Model Rules) not only allow
breaking this affiliation, but also sometimes demand it.
Yet, in other circumstances, the Model Rules and judicial
custom may force an attorney to proceed with a
representation-even in the face of fundamental
disagreement with the core defense in a criminal case.
Through the avenue of the gay panic defense, this Note
explores how attorneys can become trapped between their
own …

Limiting A Limitless Defense: A Case For Reviving The State Secrets Protection Act, 44 J. Marshall L. Rev. 1003 (2011), Andrew Burtless

UIC Law Review

No abstract provided.

The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick

West Virginia Law Review

No abstract provided.

Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel

Journal of Law and Health

The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of …

Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green

Journal of Law and Health

For years, scholars, scientists, policymakers, and public advocacy groups have been exploring and debating whether AIIDs (alcohol ignition interlock devices) would effectively prevent someone from driving drunk. AIIDs measure blood alcohol content (BAC), which is the underlying scientific evidence of driving impairment. Indeed, the technology supporting AIIDs has steadily improved. Progress toward a consensus that identifies and ranks the potential goals that can be achieved with the AIID technology is slowly crystallizing. AIIDs have their found into way into legislation, both nationally and internationally, particularly legislation aimed at repeat offenders. And, installing AIIDs as standard equipment on vehicles has, indeed, …

The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar

Cleveland State Law Review

While Dickerson's rationale is certainly correct in presuming that those over thirty have already learned about the Miranda warning from decades of television, younger generations only have today's Miranda-less programming on which to form their assumptions about law enforcement. Miranda can still be found on television, but its presence has severely diminished over the years. If this trend continues, how will America's current youth internalize the Miranda warning in the way older generations have? Near-universal awareness of Miranda is an artifact of a shared popular culture in which the repetition of the warnings was pervasive and inescapable. But how can …

Life, Death, And Iq: It's Much More Than Just A Score: Understanding And Utilizing Forensic Psychological And Neuropsychological Evaluations In Atkins Intellectual Disability/Mental Retardation Cases, John Matthew Fabian, William W. Thompson, Jeffrey B. Lazarus

Cleveland State Law Review

This article highlights best practices for assessing MR and ID in capital cases with an emphasis on Atkins trial preparation and potential problems the authors have noted through experience. These best practices in Atkins hearings concern issues for the lawyers, forensic psychologists, and neuropsychologists, which include:

1. Practice effects and IQ testing

2. Consistency of IQ scores over time

3. Flynn Effect

4. Malingering versus cognitive suboptimal effort

5. Lack of records indicating pre-age 18 diagnosis of MR/ID

6. Retrospective assessment of adaptive behaviors

7. Death row trends of increasing IQ over the years while incarcerated

8. Maladaptive behaviors versus …

Vesting Title In A Murderer: Where Is The Equity In The Georgia Supreme Court's Interpretation Of The Slayer Statute In Levenson?, Mark A. Silver

Georgia Law Review

The recent Georgia Supreme Court ruling in Levenson v.
Word exposes difficult interpretative and equitable
questions posed by Georgia's slayer statute. The case
began after Debra Post inherited her husband's estate but
was then arrested for his murder. She used her husband's
life insuranceproceeds and the real property she acquired
through the murder to pay two law firms to defend her in
the murder trial before pleading guilty.
The court-appointedadministratorof the estate sued the
law firms for conversion for not returning these illegally
and immorally acquired funds. Under the Georgia slayer
statute, a murderer forfeits the right to serve as …

Coercive Plea Bargaining: The Unrecognized Scourge Of The Justice System, H. Mitchell Caldwell

Catholic University Law Review

No abstract provided.

The Torture Victim Protection Act: A Means To Corporate Liability For Aiding And Abetting Torture, Jessica Grunberg

Catholic University Law Review

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio

Human Rights Brief

No abstract provided.

Updates From The International And Internationalized Criminal Courts , Slava Kuperstein, Lindsay Roberts, Catlin Meade, Elizabeth Francis, Ivan Carpio

Human Rights Brief

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Claire Grandison, Benjamin Watson, Brynn Weinstein, Adam Dembling, Yaritza Velez, Michelle Flash

Human Rights Brief

No abstract provided.

Are 'Voices For Justice' Heard: A Star-Studded Rally On Behalf Of The West Memphis Three Prompts The Delicate Question, Mara Leveritt

University of Arkansas at Little Rock Law Review

No abstract provided.

When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler

Fordham Urban Law Journal

No abstract provided.

The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic

Cleveland State Law Review

This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions …

Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston

Cleveland State Law Review

This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …

Jury Nullification, Race, And The Wire, James M. Keneally

NYLS Law Review

No abstract provided.

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.

Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman

NYLS Law Review

No abstract provided.

The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li

Journal of Criminal Law and Criminology

No abstract provided.

Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.

Deadly Dilemmas Iii: Some Kind Words For Preventive Detention, Ronald J. Allen, Larry Laudan

Journal of Criminal Law and Criminology

No abstract provided.

Sex Offender Exceptionalism And Preventative Detention, Corey Rayburn Yung

Journal of Criminal Law and Criminology

No abstract provided.