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Criminal Law

Criminal Law

2013

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The Fda And The Ftc Join Forces,, Robert Sanger Nov 2013

The Fda And The Ftc Join Forces,, Robert Sanger

Robert M. Sanger

To those of us in the trenches dealing with civil and criminal enforcement of government regulation, it is not surprising that more than one federal agency will join in an investigation. Sometimes this takes the form of a “tag along” where, for instance, the Internal Revenue Service (IRS) may follow up on a Federal Bureau of Investigation (FBI) white collar fraud case to assert the claim that taxes were not paid on the ill-gotten proceeds of the transaction. There are other cases where two federal agencies both attempt to take the lead in an investigation and clash in a “turf” …


The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger Jun 2013

The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger

Robert M. Sanger

There has been much celebration this year of the 50th Anniversary of the Gideon decision1 rendered by the United States Supreme Court in March of 1963. Gideon guaranteed that indigent persons accused of crime would be entitled to representation. It has been said for some time now, that the full promise of Gideon has never been realized. Nevertheless, the right to counsel in criminal cases is an important constitutional right.

2013 also marks the 120th Anniversary of the first public proposal of a public defender system which was introduced in Chicago in 1893. It also marks the 99th anniversary of …


The National Academy Of Sciences And Juvenile Justice, Robert Sanger May 2013

The National Academy Of Sciences And Juvenile Justice, Robert Sanger

Robert M. Sanger

In March of 1863, during the height of the Civil War in the United States, President Abraham Lincoln founded the National Academy of Sciences (NAS). This spring, the NAS celebrated its 150th anniversary. President Barack Obama gave a speech praising the history of the organization and noting its many achievements. The NAS brings together the finest scientific minds to assist the government on scientific matters from the military, to the space program, to education, to medicine, to global warming, to industrial science, to engineering, to cybersecurity.

The National Academy of Sciences also assists the Federal Judicial Center and the Administrative …


Traces Of A Libertarian Theory Of Punishment, Erik Luna Jan 2013

Traces Of A Libertarian Theory Of Punishment, Erik Luna

Erik Luna

No abstract provided.


The Curious Case Of Corporate Criminality, Erik Luna Jan 2013

The Curious Case Of Corporate Criminality, Erik Luna

Erik Luna

No abstract provided.


Mandatory Minimalism, Erik Luna, Paul Cassell Jan 2013

Mandatory Minimalism, Erik Luna, Paul Cassell

Erik Luna

One of us (Cassell) is a former federal judge nominated by President George W. Bush, now a “conservative” scholar whose work is often supportive of law enforcement, the death penalty, and the rights of crime victims. The other (Luna) is a “libertarian” who tends to be suspicious of government and adamant about abuses of power, including those by police and prosecutors, and his scholarship has expressed the need for wholesale criminal justice reform (especially in the federal system). If we could find common ground on ways to modify federal mandatory minimums, we hoped that policymakers might share this agreement, perhaps …


Psychopathy And Sentencing, Erik Luna Dec 2012

Psychopathy And Sentencing, Erik Luna

Erik Luna

No abstract provided.