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Full-Text Articles in Law
A Jury Of One: Opinion Formation, Conformity, And Dissent On Juries, Nicole L. Waters, Valerie P. Hans
A Jury Of One: Opinion Formation, Conformity, And Dissent On Juries, Nicole L. Waters, Valerie P. Hans
Cornell Law Faculty Publications
Approximately 6 percent of criminal juries hang. But, how many dissenters carry the jury, hang the jury, or conform to the majority’s wishes? This article examines the formation of individual verdict preferences, the impact of deliberation, and the role of the dissenter using data from nearly 3,500 jurors who decided felony cases. Jurors were asked: “If it were entirely up to you as a one-person jury, what would your verdict have been in this case?” Over one-third of jurors, privately, would have voted against their jury’s decision. Analyses identify the characteristics of jurors who dissent, and distinguish dissenters who hang …
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Faculty Publications
Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …
Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman
Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman
Faculty Publications
Forward to the Case Western Reserve University School of Law's Institute for Global Security Law and Policy symposium The World Conference on Combating Terrorist Financing, Cleveland, OH, April 10 to 11, 2008
Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew
Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew
Journal Articles
Online technologies have created a new litigation locus for intellectual property rights holders, one that targets intermediaries, not direct infringers. This unprecedented litigation strategy has put sudden pressure on the courts to evaluate the liability of indirect infringers. Without a developed body of precedent at their disposal, judges have resorted to analogies from the criminal law of accomplice liability to set the boundaries of contributory infringement. Does it make sense for intellectual property regulation to depend on the same principles that animate criminal law? This Article maintains that it would be a mistake to remake contributory infringement law in criminal …