Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Plea Bargaining (2)
- Bribery (1)
- Civil Rights and Discrimination (1)
- Congressional Testimony (1)
- Constitution (1)
-
- Constitutional Law, Generally (1)
- Counterfeit Goods (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Employment Practice (1)
- FCPA (1)
- Foreign Corrupt Practices Act (1)
- International Internal Investigations (1)
- Law Enforcement and Corrections (1)
- Legal Education (1)
- Legislation (1)
- Overcriminalization (1)
- Sentencing (1)
- Statutory Maximums (1)
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado
Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado
Richard Delgado
The author, Professor Richard Delgado, takes as his point of departure a remark by the chair of the Colorado committee that voted academic sanctions against Ward Churchill. This essay explores the role of retaliatory motives in academic misconduct cases. In Churchill’s case, Colorado authorities delved deeply and painstakingly into Churchill’s publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 9/11 tragedy. What bearing should the investigation’s relation to the hue and cry that led to it have on its own legitimacy? Professor Delgado examines …
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan
Lucian E Dervan
If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …
Hearing On Stolen Or Counterfeit Goods Legislation, Lucian Dervan
Hearing On Stolen Or Counterfeit Goods Legislation, Lucian Dervan
Lucian E Dervan
On March 28, 2012, Professor Dervan was called to testify before the Subcommittee on Crime, Terrorism, and Homeland Security (Judiciary Committee, U.S. House of Representatives) and offer his thoughts regarding proposed counterfeit goods legislation (The Safe Doses Act (H.R. 4223) and the Counterfeit Drug Penalty Enhancement Act of 2011 (H.R. 3668)). In his prepared statement, Professor Dervan examines the phenomenon of overcriminalization, the collapse of mens rea, the true impact of increased statutory maximums, plea bargaining, and the continued deterioration of our constitutionally protected right to trial by jury. His closing remarks to the Committee offer a poignant critique of …
Global Bribery: The Foreign Corrupt Practices Act, Lucian Dervan
Global Bribery: The Foreign Corrupt Practices Act, Lucian Dervan
Lucian E Dervan
Written for a European publication focusing on internal investigations, this piece seeks to introduce the reader to the fundamental elements of the American FCPA, including discussion of available defenses under the statute. Further, this piece discusses some of the collateral considerations that must be made during the investigation of an FCPA matter, particularly given the existence of overlapping anti-bribery provisions in various countries throughout the world and the likelihood of concurrent parallel proceedings both in the United States and abroad during the pendency of any international bribery matter. Finally, this piece offers some thoughts regarding FCPA compliance programs.