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Articles 1 - 30 of 32
Full-Text Articles in Law
Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose
Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose
University of Arkansas at Little Rock Law Review
No abstract provided.
Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made
Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The authority to impose blacklisting sanction, particularly in terms of the procurement of government goods/services stipulated in Presidential Regulation 16/2018 and LKPP Regulation 17/2018 may only be exercised by the Budget User (Pengguna Anggaran/”PA”)/Authorized Budget (Kuasa Pengguna Anggaran/”KPA”). Neither the said regulations do also clearly state that the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/”KPPU”) has the authority to impose such blacklisting sanction in relation to the procurement of government goods/services. This research examines the authority of KPPU in imposing blacklisting sanction against business practitioner who are proven violating business competition law and …
S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe
S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe
SAIPAR Case Review
The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.
By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …
Conspiracy Liability And The Fcpa: The Second Circuit's Rare Interpretation Of The Fcpa In United States V. Hoskins And Its Potential Implications, Morgan R. Knudtsen
Conspiracy Liability And The Fcpa: The Second Circuit's Rare Interpretation Of The Fcpa In United States V. Hoskins And Its Potential Implications, Morgan R. Knudtsen
William & Mary Business Law Review
The scope of the Foreign Corrupt Practices Act (FCPA) is inherently difficult to ascertain. Over time, the SEC and DOJ have privately settled claims under the FCPA, leaving most interpretation to government agencies. Though agency interpretation happens frequently, there has been little interpretation over major questions such as who is subject to the FCPA’s jurisdiction and how far that jurisdiction extends. United States v. Hoskins, which was decided in August 2018, involved the FCPA, conspiracy, and foreign corporate officials. The Second Circuit in its decision subsequently limited the scope of the FCPA, holding that liability cannot extend to foreign …
Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar
Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar
Pace Law Review
This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …
Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell
Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell
Dickinson Law Review (2017-Present)
This Article examines inflammatory statements by prosecutors in the context of mass gang indictments. I contend that inflammatory remarks not only harm the justice system and defendants, particularly minorities, but also that, when prosecutors craft and repeat hyperbolic narratives about vicious gang wars, prosecutors may come to believe the narratives and become effectively blinded to the fact that these narratives are improper, unfair, and untrue. First, I review the professional rules, standards, and case law that prohibit. Then, drawing on press releases and trial transcripts from two mass gang indictments in New York City, I demonstrate how prosecution statements exaggerate …
Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac
Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac
Nevada Law Journal
No abstract provided.
Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock
Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock
Loyola of Los Angeles Law Review
No abstract provided.
Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon
Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon
Georgia Journal of International & Comparative Law
No abstract provided.
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
Touro Law Review
No abstract provided.
The System Of Modern Criminal Conspiracy, Steven R. Morrison
The System Of Modern Criminal Conspiracy, Steven R. Morrison
Catholic University Law Review
No abstract provided.
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Pepperdine Law Review
No abstract provided.
Rico Conspiracy: The Ninth Circuit Distinguishes Itself From The Rising Costs Of Guilty Thoughts, Stephanie Profitt
Rico Conspiracy: The Ninth Circuit Distinguishes Itself From The Rising Costs Of Guilty Thoughts, Stephanie Profitt
Golden Gate University Law Review
Part I of this Comment briefly surveys the legislative development of the RICO statute. It discusses the elements of a RICO cause of action and disputes that have arisen among the circuit courts over its interpretation. Part II of this Comment examines the development of civil liability for conspiring to participate in a RICO enterprise. It focuses on cases that have significantly shaped civil RICO conspiracy liability throughout the circuit courts. Part III explores the split that has developed among the circuits over the definition of RICO conspiracy liability, specifically, the difference between the Ninth Circuit's definition and that of …
Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb
Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb
Kentucky Law Journal
No abstract provided.
Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit
Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit
American University Law Review
This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …
Criminal Conspiracy Law In Japan, Chris Coulson
Criminal Conspiracy Law In Japan, Chris Coulson
Michigan Journal of International Law
Part II of this Note describes CATOC's group criminality requirement. Part III outlines the provisions of several versions of Japan's conspiracy bill and compares these provisions to common-law conspiracy. Part IV analyzes Japan's conspiracy law by examining both substantive and procedural laws in Japan related to criminal conspiracy, as well as criticism within Japan of the conspiracy bills.
The Pinkerton Doctrine And Murder, Matthew A. Pauley
The Pinkerton Doctrine And Murder, Matthew A. Pauley
The University of New Hampshire Law Review
[Excerpt] "Suppose that A hires B to rob a bank in Massachusetts and A then hires C to rob a bank in Rhode Island. B and C have not met face to face, but each knows he is part of a conspiracy to rob banks in more than one state. All agree that no one will be killed in the robberies. A then procures D to get a car for use in the robberies. B uses D’s car to rob his bank. During the robbery of C’s bank, C pulls out a gun and shoots and kills the bank guard. …
Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus
Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus
William & Mary Bill of Rights Journal
No abstract provided.
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
Washington and Lee Law Review
No abstract provided.
Criminal Law—Mail Fraud Requires Loss Of Property Of Money, Marilyn L. Byington
Criminal Law—Mail Fraud Requires Loss Of Property Of Money, Marilyn L. Byington
University of Arkansas at Little Rock Law Review
No abstract provided.
The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard
The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard
Washington and Lee Law Review
No abstract provided.
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Villanova Law Review
No abstract provided.
Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish
Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish
Michigan Law Review
Appellant, who received a weekly salary for distributing horse-racing results by telephone to some twenty bookmakers, was convicted of aiding and abetting bookmaking activities in violation of section 986 of the New York Penal Law. He admitted knowing that the information would be used by his employer's customers in violation of section 986, but no actual evidence of bookmaking was presented to the court. On appeal, held, reversed, one judge dissenting. Knowingly transmitting racing results to bookmaking establishments by telephone does not, without proof of acceptance of bets on a professional basis, constitute aiding and abetting bookmaking in violation …
Criminal Law--Conspiracy--Consistency Rules, Ralph Charles Dusic Jr.
Criminal Law--Conspiracy--Consistency Rules, Ralph Charles Dusic Jr.
West Virginia Law Review
No abstract provided.
Criminal Law--Former Jeopardy--Indictment For Conspiracy To Murder, Forest Jackson Bowman
Criminal Law--Former Jeopardy--Indictment For Conspiracy To Murder, Forest Jackson Bowman
West Virginia Law Review
No abstract provided.
"Congress Shall Make No Law…":Ii, O. John Rogge
"Congress Shall Make No Law…":Ii, O. John Rogge
Michigan Law Review
The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.
One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Michigan Law Review
In discussing developments of the criminal law during the war years it is convenient to group them into the three conventional divisions-substantive, procedural, and penal.
Criminal Law And Procedure -- Privilege Against Self-Incrimination -- Duty To Give Requested Instruction That No Significance Should Be Attached To Defendant's Failure To Testify, Michigan Law Review
Criminal Law And Procedure -- Privilege Against Self-Incrimination -- Duty To Give Requested Instruction That No Significance Should Be Attached To Defendant's Failure To Testify, Michigan Law Review
Michigan Law Review
Defendant, charged with conspiracy to import and sell narcotics, requested a special instruction that failure of defendant to take the witness stand does not create any presumption against him. A federal statute specifically provides that no such presumption shall arise. The trial court refused the instruction, and after the circuit court of appeals affirmed the conviction, the case was taken to the United States Supreme Court. Held, the statute gave defendant a right upon request to have such an instruction given. The error committed by its refusal was not a mere "technical error," but one affecting defendant's substantial rights. …