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Articles 1 - 19 of 19

Full-Text Articles in Law

Real Insider Trading, Michael A. Perino Jan 2020

Real Insider Trading, Michael A. Perino

Faculty Publications

In popular rhetoric, insider trading cases are about leveling the playing field between elite market participants and ordinary investors. Academic critiques vary. Some depict an untethered insider trading doctrine that enforcers use to expand their power and enhance their discretion. Others see enforcers beset with agency cost problems who bring predominantly simple, easily resolved cases to create the veneer of vigorous enforcement. The debate has, to this point, been based mostly on anecdote and conjecture rather than empirical evidence. This Article addresses that gap by collecting extensive data on 465 individual defendants in civil, criminal, and administrative actions to assess …


Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf Jan 2013

Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf

Faculty Publications

In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …


Culpability In Creating The Choice Of Evils, Marc O. Degirolami Jan 2009

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 Jan 2009

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


Sentencing High-Loss Corporate Insider Frauds After Booker, Frank O. Bowman Iii Jan 2008

Sentencing High-Loss Corporate Insider Frauds After Booker, Frank O. Bowman Iii

Faculty Publications

The Federal Sentencing Guidelines have for some years prescribed substantial sentences for high-level corporate officials convicted of large frauds. Guidelines sentences for offenders of this type moved higher in 2001 with the passage of the Economic Crime Package amendments to the Guidelines, and higher still in the wake of the Sarbanes-Oxley Act of 2002. Today, any corporate insider convicted of even a moderately high-loss fraud is facing a guideline range measured in decades, or perhaps even mandatory life imprisonment. Successful sentencing advocacy on behalf of such defendants requires convincing the court to impose a sentence outside (in many cases, far …


Foreword: Sacred Violence: Religion And Terrorism, B. Jessie Hill, Adam F. Kinney Jan 2008

Foreword: Sacred Violence: Religion And Terrorism, B. Jessie Hill, Adam F. Kinney

Faculty Publications

Forward to the Sacred Violence: Religion and Terrorism, Cleveland, OH, 2008


Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer Jan 2004

Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer

Faculty Publications

This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).


Murder And Aggravated Murder, Paul C. Giannelli Jan 1999

Murder And Aggravated Murder, Paul C. Giannelli

Faculty Publications

No abstract provided.


Manslaughter And Other Homicides, Paul C. Giannelli Jan 1999

Manslaughter And Other Homicides, Paul C. Giannelli

Faculty Publications

No abstract provided.


Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong Jan 1997

Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …


Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong Jan 1997

Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, the legal world was captivated by an ongoing debate between two of England's most respected jurists regarding whether and to what extent morality should be reflected in the law. The debate was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. Lord Patrick Devlin, then a Lord of Appeal in Ordinary and later elevated to the House of Lords, Britain's highest court, opposed the conclusions contained in the Wolfenden Report and supported the continuation of the antisodomy …


Criminal Law Defenses, Paul C. Giannelli Jan 1996

Criminal Law Defenses, Paul C. Giannelli

Faculty Publications

No abstract provided.


Juvenile Court Bindover Hearings, Paul C. Giannelli Jan 1994

Juvenile Court Bindover Hearings, Paul C. Giannelli

Faculty Publications

No abstract provided.


Battered Woman Syndrome, Paul C. Giannelli Jan 1993

Battered Woman Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


Self-Defense, Paul C. Giannelli Jan 1988

Self-Defense, Paul C. Giannelli

Faculty Publications

No abstract provided.


Insanity And Related Issues, Paul C. Giannelli Jan 1986

Insanity And Related Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.


Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli Jan 1985

Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander Jan 1983

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …


The New Sentencing Law, Paul C. Giannelli Jan 1983

The New Sentencing Law, Paul C. Giannelli

Faculty Publications

No abstract provided.