Law Commons^™

Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii

Faculty Publications

the first section of this essay is devoted to demonstrating the courts' errors. Nonetheless, considered together, these opinions are perhaps an understandable reflection of judicial unease with an important component of the federal sentencing system — the longstanding, but increasingly common, practice of making deals with criminal defendants to reduce their sentences in return for testimony against their accomplices. This Article's second section will consider the most common criticisms of the system of bargaining for testimony under the United States Sentencing Guidelines (the Guidelines) to determine whether Singleton and Sealed Case may be good policy even if they are bad …

Offenders In Juvenile Court, 1996, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Defending Substantial Assistance: An Old Prosecutor's Meditation On Singleton, Sealed Case, And The Maxfield-Kramer Report, Frank O. Bowman Iii

Faculty Publications

This essay begins with a brief analysis of the panel and en banc opinions in Sealed Case and Singleton, and then turns to the more arresting question of whether the panel decisions were transitory aberrations or something more. Particularly if one considers Singleton and Sealed Case together with the Sentencing Commission's staff report on substantial assistance practice (the “Maxfield - Kramer Report”), it is difficult to escape the conclusion that unease with the current substantial assistance regime is growing. Unlike many observers, I view §5K1.1 as a very good thing, an invaluable prosecutorial tool against group criminality, but a tool …

Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Scholarly Publications

No abstract provided.

Moving Toward A Clearer Definition Of Insider Trading: Why Adoption Of The Possession Standard Protects Investors, Lacey S. Calhoun

University of Michigan Journal of Law Reform

In recent years, insider trading has become a publicized focus of securities law enforcement. The definition of insider trading has emerged slowly through case law, and the term has been clarified by new theories of liability. The use and possession tests are two standards of liability used to judge the treatment of inside information. The use standard offers a defense to insider trading liability while the possession standard premises liability on mere possession of inside information. This Note argues that courts should adopt the possession standard because this standard better protects investors, a primary goal of the Securities Exchange Act …

Views From The Drugs Summit, Mark Findlay

Research Collection Yong Pung How School Of Law

The jury is still out on whether the Drugs Summit was a political set piece. The Opposition participants regularly accused the Government of just that. Without doubt, however, it was the reaction of the Opposition which was orchestrated and pre-conceived.

Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke

University of Arkansas at Little Rock Law Review

No abstract provided.

Federal Sentencing Guidelines, James T. Skuthan, Rosemary T. Cakmis

Mercer Law Review

The Eleventh Circuit decided several cases this past year covering a broad range of United States Sentencing Guidelines ("U.S.S.G.") issues. Two areas of particular concern were firearms and departures.

Due to the 1995 Supreme Court decision in Bailey v. United States, several defendants had their firearm convictions vacated and were resentenced. Thus, the Eleventh Circuit in 1998 was faced with reviewing these resentencings to determine the applicability of guideline enhancements for firearms.

The court also decided several cases relating to downward departures based on cultural differences, a defendant's impulse control disorder, the over-representation of a career offender's prior record, …

Dwi Offenders Under Correctional Supervision, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett

Michigan Law Review

The Supreme Court insists that Article III of the Constitution requires a litigant to have standing in order for her request for judicial intervention to constitute a "case" or "controversy" within the jurisdiction of a federal court; it also insists that the "irreducible constitutional minimum" of standing requires (1) that the litigant suffer an "injury in fact"; (2) that the person against whom the judicial intervention is sought have caused the injury; and (3) that the requested judicial intervention redress the injury. The requisite injury in fact, the Court repeatedly declares, must be "personal," "concrete and particularized," and "actual or …

Money Laundering: Is It Now A Corporate Problem?, William F. Bruton Cfe

Penn State International Law Review

No abstract provided.

Co-Operation Between Regulators And Law Enforcement: N Regulators And Law Enforcement:, Daniel P. Murphy

Penn State International Law Review

No abstract provided.

These Are The People In Your Neighborhood, Elliot Regenstein

Michigan Law Review

The 1997 St. Louis Rams media guide contains a glowing description of the team's star rookie from the prior season. The guide highlights his brilliant college career, describes his solid first professional season, and mentions that he grew up in Los Angeles. In a gray box above his football statistics, it notes that he frequently visits the Emergency Children's Home (ECHO) for troubled youth, where he talks to kids and plays basketball with them. The description would all look pretty normal if it wasn't a portrait of Lawrence Phillips. Almost every other sporting publication has written of Phillips not as …

The Downfall Of Grease Hazard Technicians And Product Delivery Specialists Or "Why French Fry Cooks And Pizza Delivery Guys Should Not Pad Their Resumes": Scrutinizing Crawford Rehabilitation Services, Inc. V. Weissman, Hoang Huynh

Brigham Young University Journal of Public Law

No abstract provided.

Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker

Michigan Law Review

Hate crimes are nothing new: crimes in which the victim is selected because of the victim's membership in some distinctive group (be it racial, ethnic, religious, or other) have been with us as long as such groups have coexisted within legal systems. What is relatively new is their recognition and designation as a discrete phenomenon. But as appellations like "sexual harassment" and "community policing" have begun to teach us, words are only the beginning of the life cycle of a new socio-legal concept. What follows are debates about whether the new category is really a coherent one, what activities should …

The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell

Michigan Law Review

Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …

Rights And Wrongs, John C.P. Goldberg

Michigan Law Review

If one were to ask an American lawyer or legal scholar for a definition of liberalism, her explanation would likely include mention of constitutional provisions such as the First and Fourth Amendments. This is because liberalism is today understood primarily as a theory of what government officials may not do to citizens. Its most immediate expression in law is thus taken to be those parts of the Bill of Rights that set limits on state action. This tendency to conceive of liberalism exclusively as a theory of rights against government is a twentieth century phenomenon. To be sure, liberalism has …

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cornell Law Faculty Publications

No abstract provided.

Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King

William & Mary Law Review

No abstract provided.

Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.

Indiana Law Journal

No abstract provided.

What's Your Water Worth? Why We Need Federal Fine Guidelines For Corporate Environmental Crime , Mark H. Allenbaugh

American University Law Review

No abstract provided.

Criminal Fraud , Ellen S. Podgor

American University Law Review

No abstract provided.

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.

Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors

Buffalo Law Review

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss

West Virginia Law Review

No abstract provided.

From The Ibpp Research Associates. Canada. Ismael Sambra, Ismael Sambra

International Bulletin of Political Psychology

This articles discusses a declaration - Joint Declaration by the Committee of Cuban Political Ex-Prisoners and Cuba Friends and Cuban Canadian National Foundation Against The Laws That Persecute and Condemn Freedom in Cuba. - provided by Mr. Ismael Sambra, president of the Cuban Canadian National Foundation and Writer in Residence at York University, Ontario, Canada.

Of note: Mr. Sambra published "A Dictator's Errors" in IBPP (Author: Ismael Sambra, Volume 4, Number 25, June 26, 1998.)

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.