Law Commons^™

Aiding And Abetting Under The Antiterrorism Act: Despite Statutory Silence, Why Extending Liability To Aiders And Abettors Of International Terrorism Furthers Congressional Intent To Compensate Plaintiffs And Defeat Terrorist Financial Pathways, Jesse Snyder

Jesse Snyder

No abstract provided.

Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King

Erik J King

Under the Foreign Corrupt Practices Act (FCPA), it is an affirmative defense if the payments in question were lawful under the written laws of a foreign country. This defense has been largely overlooked by commentators and used sparingly in the court system. This Note examines the utility of this defense, and finds that although the concept underlying the defense remains somewhat alive in certain types of foreign laws that could conceivably excuse a foreign investor, the defense has lost all practical value. U.S. judicial interpretations, multilateral efforts against similar exceptions in other anti-bribery laws, and the subsuming effect of other …

Anatomy Of A Constitutional Challenge To State Laws, Chuck Klein

Chuck Klein

The issue that began in 1972 with a chance meeting at a cocktail party between myself, as a LEO, and my state senator. I did him a favor by advising him on a personal matter involving law enforcement. Twenty-five or so years later, he returned the favor, as Ohio Senate President, by forcing a concealed firearms vote. The actual case involved finding a person who was under arrest for CCW and would agree to fight the charge as a constitutional challenge (I he lost he knew he would not only go to prison, but would lose his right to own …

Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti

Carrie Leonetti

Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …

Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti

Carrie Leonetti

Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …

Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti

Carrie Leonetti

Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …

The Times They Are A-Changin’: The “Sexting” Problem And How The Intrusiveness Of A Cell Phone Search Determines The (Un)Constitutionality Of Suspicion-Based And Suspicionless Searches In The Public School Setting, Andrew T. Moore

Andrew T Moore

In the past decade cell phone use amongst teenagers has gone from luxury to perceived necessity. With the expanded abilities of modern cell phones, students are able to easily participate in social sexual behavior such as sending explicit images of themselves or others to other cell phone users, an activity known as “sexting.” While schools may want to do all they can to eradicate this behavior, school administrators must not violate the constitutional rights of their students in the process of doing so. When a school administrator comes to suspect “sexting” behavior, he or she must follow existing Fourth Amendment …

Arizona’S Support Our Law Enforcement And Safe Neighborhoods Act: Its Likely Consequences On Latino Communities And What To Do About Them, Elena Llamas

elena llamas

The U.S. has seen a recent wave of legislative efforts to empower state and local law enforcement officers with anti-illegal immigration responsibilities. The purpose of this article is to suggest community policing changes that police departments could enact to best enforce these types of laws and mantain good relations with Latinos.

Application Of Forensics Technology In Identification Of A Person, Vyacheslav Tulskikh

Vyacheslav Tulskikh

SUMMARY Terrorism is the plague of the 21st century. In the man-made world of today, with its nuclear power plants, subways, airplanes, with accumulation of large numbers of people in one and the same place, terrorism (terror is Latin for fear and horror) poses serious threat not only to security of a certain state, but also to entire world community. Under these conditions, the measures to be taken against terrorists, including preventive measures, should ever be effective. In the article there have been considered various methods of identification of a person, including iris and retina recognition, fingerprint identification, hand and …

The Invisible Man: How The Sex Offender Registry Results In Social Death, Elizabeth B. Megale

Elizabeth B. Megale

This Article establishes that overcriminalization serves to marginalize unwanted groups of society, and particularly regarding the sex offender registry, it results in social death. The author relies upon the notion of crime as a social construct to establish that the concept of “sex offense” changes over time as society and culture evolve. From there, the author incorporates the work of Michele Foucault involving the relationship of power, knowledge, and sexuality to show how the trend toward more repressive social controls over sex-related activity is related to a shift in this relationship. The Author identifies three characteristics and the associated traits …

When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti

Carrie Leonetti

While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …

When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti

Carrie Leonetti

While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …

Electronic Discovery: A Survey Of E-Discovery, Its Effect On Corporate Constitutional Rights And Why Corporations May Receive The Fifth Amendment Privilege Against Self-Incrimination During Parallel Civil And Criminal Litigation, Percy Arnell King

Percy Arnell King Esq.

Advancing technology has created more places to seek out relevant information than ever before which, has created a burden for corporations tasked with retaining this information to comply with applicable laws and the prospect of civil or criminal litigation. This article explores how the modern trend of storing information electronically and subsequent electronic discovery allowed in parallel civil and criminal trials is inherently unfair to corporations. Furthermore, corporations have been granted several rights derived from the Bill of Rights, and should also receive the Fifth Amendment privilege against self-incrimination.

Freezing Assets In The War On Terror: Ofac And The Fourth Amendment, Rebecca Kagan Sternhell

Rebecca Kagan Sternhell

In 2001, President Bush issued Executive Order 13224 declaring a state of national emergency and triggering an array of emergency powers. Chief among these powers was the International Emergency Economic Powers Act (“IEEPA”), which permits the Treasury Department’s Office of Foreign Asset Control (“OFAC”) to freeze the assets and accounts of suspected terrorists and their affiliates. Recently OFAC has gone after U.S. charities. Three US charities filed suit alleging Fourth Amendment violations. Each organization received a different judicial determination on the Fourth Amendment question. The paper discusses these three cases and demonstrates no consensus on the Fourth Amendment issue. There …

The Invisible Man: How The Sex Offender Registry Results In Social Death, Elizabeth B. Megale

Elizabeth B. Megale

This Article establishes that overcriminalization serves to marginalize unwanted groups of society, and particularly regarding the sex offender registry, it results in social death. The author relies upon the notion of crime as a social construct to establish that the concept of “sex offense” changes over time as society and culture evolve. From there, the author incorporates the work of Michele Foucault involving the relationship of power, knowledge, and sexuality to show how the trend toward more repressive social controls over sex-related activity is related to a shift in this relationship. The Author identifies three characteristics and the associated traits …

The Decision Zone: The New Stage Of Interrogation Created By Berghuis V. Thompkins, Meghan M. Morris

Meghan M Morris

This essay addresses a new stage of interrogation, approved of for the first time in the Supreme Court’s 2010 decision, Berghuis v. Thompkins. This stage – the “decision zone” – is the period, however brief or prolonged, after officers have read a suspect his rights but before the suspect has decided whether to waive or to invoke his rights. In Thompkins, the Supreme Court allowed interrogation during this stage, which lasted almost 3 hours in that case. Through this decision, the Supreme Court implicitly assented to prolonged interrogation before a suspect decides whether to invoke or to waive his rights, …

Analysis Of Organizational Ethics, Evan Slavitt

Evan Slavitt

Whether an organization is ethical or not has become an increasingly important question both in public and legislative discourse as well as in the application of tort and criminal law. Historical approaches to organizational ethics have either attempted to evade the problem or sought to use paradigms developed for individuals. This Article reviews the various models that have already been proposed and explains why those models are unsatisfactory, focusing particularly on the attempts to articulate an organizational substitute for individual intent. The article then proposes a new framework that differentiates the various aspects of organizations and clarifies how ethical questions …

Gideon's Vuvuzela: Reconciling The Sixth Amendment's Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah L. Gerwig-Moore

Sarah L Gerwig-Moore

This piece addresses a relatively rare but nonetheless problematic circumstance related to the right to counsel and the loss of that right. When criminal defendants disrupt the judicial process with behavior ranging from refusal to meet with an attorney to violent outbursts, circuits and states have a range of approaches and procedures—many conflicting, some constitutionally problematic, none coordinating. Some states and circuits, allow trial courts to find a “forfeiture” or “implicit waiver” of the right to counsel without first warning the defendant of the risks of proceeding pro se and of the consequences of continued disruptive behavior. Other appellate authority …

From Proving Pretext To Proving Discrimination: The Real Lesson Of Miller-El And Synder, Joshua Polster

Joshua Polster

In determining whether prosecutors have discriminated in their use of peremptory challenges, courts generally focus on whether defendants are able to prove that the nondiscriminatory reasons that prosecutors proffer for their challenges are pretextual. This focus is a natural result of the McDonnell Douglas framework, which the Supreme Court adopted for peremptory challenges from employment discrimination law. This Article argues that because of differences between jury selection and employment, the methods that employees use to prove pretext are not suited to peremptory challenges. Accordingly, while lower courts generally have interpreted two recent Supreme Court cases—Miller-El v. Dretke and Snyder v. …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti

Carrie Leonetti

Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

Who’S Better At Defending Criminals? Does Type Of Defense Attorney Matter In Terms Of Producing Favorable Case Outcomes, Thomas H. Cohen

Thomas Cohen

The role of defense counsel in criminal cases constitutes a topic of substantial importance for judges, prosecutors, defense attorneys, scholars, and policymakers. What types of defense counsel (e.g., public defenders, privately retained attorneys, or assigned counsel) represent defendants in criminal cases and how do these defense counsel types perform in terms of securing favorable outcomes for their clients? These and other issues are addressed in this article analyzing felony case processing data from the Bureau of Justice Statistics (BJS). Specifically, this paper examines whether there are differences between defense counsel type and the adjudication and sentencing phases of criminal case …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho Song

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

The Protection Of Digital Information And Prevention Of Its Unauthorized Access And Use In Criminal Law, Carrie Leonetti, Moonho S

Carrie Leonetti

There are a number of valuable intangible properties that do not have specific legislation devoted to their criminal regulation and protection, which poses a vexing problem for the world’s legal systems, which have had an unsatisfactory track record in protecting valuable information over the course of the previous century, giving rise to the need for laws that specifically address issues related to the protection of the integrity of digital information-storage systems. This Article focuses on the protection of these intangibles, when they are stored within a computer system, from their unauthorized use by, or interference from, third parties.

The Article …

Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti

Carrie Leonetti

Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …

Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti

Carrie Leonetti

Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …