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Criminal Law

2017

Selected Works

Selected Works

George D. Brown

Articles 1 - 2 of 2

Full-Text Articles in Law

Mcdonnell And The Criminalization Of Politics, George D. Brown Apr 2017

Mcdonnell And The Criminalization Of Politics, George D. Brown

George D. Brown

The purpose of this article is to analyze the critique and McDonnell's impact on it. As for McDonnell itself, I contend that the decision gives proponents of the critique less than they claim. The opinion seems to say that an official whose case is identical to McDonnell's could, under a proper approach to bribery, be prosecuted for the same crimes, with the same facts used as evidence. Indeed, the Court raised the possibility that McDonnell himself could be successfully prosecuted in a retrial. The article begins with a discussion of the critique in order to put McDonnell in context. …

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The Federal Anti-Corruption Enterprise After Mcdonnell - Lessons From The Symposium, George D. Brown Dec 2016

The Federal Anti-Corruption Enterprise After Mcdonnell - Lessons From The Symposium, George D. Brown

George D. Brown

This article was presented at the Penn State Law Review's Symposium, Breach of the Public (Dis)Trust. The article examines the potential impact of the Supreme Court's unanimous decision in McDonnell v. United States. The analysis first focuses on a narrow reading of McDonnell, treating it as part of the Court's general approach to issues of statutory construction. However, there is a possible broader reading of McDonnell, which has the potential to be highly significant as applied to anticorruption prosecutions, federalism concerns, and the "criminalization of politics" critique. After examining a broader view of McDonnell, the article delves into whether the …

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