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Articles 5521 - 5550 of 27587

Full-Text Articles in Criminal Law

Prosecutors At The Periphery, Peter M. Shane May 2019

Prosecutors At The Periphery, Peter M. Shane

Chicago-Kent Law Review

Contrary to so-called unitary executive theory, Article II does not guarantee presidents the power to control federal criminal prosecution, a supervisory role Congress has placed by statute with the Attorney General. Nor is Congress without authority to protect federal prosecutors from policy-based dismissals. Rule-of-law values embodied in our system of checks and balances could alone justify these conclusions. But the same conclusions follow also from close attention to the entirety of the relevant constitutional text and from an understanding of how the Founding generation would have understood the relationship between executive power and criminal prosecution. In contemplating the newly proposed …

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The Ever-Changing Scope Of Insider Trading Liability For Tippees In The Second Circuit, Sari Rosenfeld May 2019

The Ever-Changing Scope Of Insider Trading Liability For Tippees In The Second Circuit, Sari Rosenfeld

Michigan Business & Entrepreneurial Law Review

Liability under insider trading law continues to change as federal courts attempt to find new ways to hold insiders liable under the law. As recently as two years ago, the Second Circuit—in analyzing past decisions regarding tipper-tippee insider trading violations—blurred the distinction between legal and illegal insider trading when it fundamentally altered the idea of “personal benefit.” These various decisions provide the basis for antifraud provisions of securities law applying to insider trading, the consequences of which can be detrimental. This Note will discuss the standard that the Second Circuit uses to hold tippees liable for insider trading violations under …

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Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky May 2019

Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky

Michigan Journal of International Law

This Note evaluates solutions to the problems of overlapping liability in general and multi-jurisdictional disgorgement in particular. Part I traces the origins of international anti-corruption efforts and provides an overview of the Foreign Corrupt Practices Act (the “FCPA”). It then discusses the two most significant international anti-corruption conventions: the OECD’s Convention on Combatting Bribery of Foreign Officials in International Business Transactions (the “OECD Convention”) and the United Nations Convention Against Corruption (“UNCAC”). Part II lays out the problems created by the lack of a formal mechanism to prevent overlapping liability— a phenomenon that violates the common law concept known as …

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Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann May 2019

Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann

Michigan Journal of Environmental & Administrative Law

In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …

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Commencement Calls For Review Of Annual Milestones, Austen L. Parrish May 2019

Commencement Calls For Review Of Annual Milestones, Austen L. Parrish

Austen Parrish (2014-2022)

This weekend is a time of celebration in Bloomington, as we welcome friends and family of the Class of 2019 for our annual commencement ceremony. It’s an important milestone in our students’ lives. Commencement is also a time for looking back. The past year saw several significant milestones for the IU Maurer School of Law. I’d like to touch on just a few of them in this month’s column.

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Ohio's Targeted Community Alternative To Prison Program: How A Good Idea Is Implemented Through Bad Policy, Samantha Sohl May 2019

Ohio's Targeted Community Alternative To Prison Program: How A Good Idea Is Implemented Through Bad Policy, Samantha Sohl

Cleveland State Law Review

Just because a legislature can make a law doesn’t mean that they should. The Ohio General Assembly enacted the Targeted Community Alternatives to Prison (T-CAP) program to decrease the number of convicted defendants sent to state prison and to increase funding for community control efforts. While the law may be upheld under the Ohio Constitution’s Uniformity Clause, the law should still be repealed because legislative control and financial influence have no place in the judicial branch, specifically the criminal sentencing process. However, the law is rooted in good intentions, and many judges have found the additional funding useful, but the …

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Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.

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Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan May 2019

Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan

Cleveland State Law Review

Catholic Social Teaching (“CST”) is the body of literature written in the modern era by papal and episcopal teachers in response to current political, economic, and social issues. CST views individuals in the sex trade as victims, however they arrived in the trade. Prostitution abolitionists, called neo-abolitionists, because their current efforts to wipe out sex trafficking and prostitution mirror similar efforts by reformers in the early twentieth century, also view individuals in the sex trade as victims. A coalition of feminists and Christians developed neo-abolitionist social policy during the late twentieth and early twenty-first century. CST and neo-abolitionist social policy …

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The Power Of Prosecutors, Jeffrey Bellin May 2019

The Power Of Prosecutors, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

One of the predominant themes in the criminal justice literature is that prosecutors dominate the justice system. Over seventy-five years ago, Attorney General Robert Jackson famously proclaimed that the "prosecutor has more control over life, liberty, and reputation than any other person in America." In one of the most cited law review articles of all time, Bill Stuntz added that prosecutors-not legislators, judges, or police-"are the criminal justice system's real lawmakers." And an unchallenged modern consensus holds that prosecutors "rule the criminal justice system." This Article applies a critical lens to longstanding claims of prosecutorial preemi- nence. It reveals a …

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Beyond The Witness: Bringing A Process Perspective To Modern Evidence Law, Edward K. Cheng, G. Alexander Nunn May 2019

Beyond The Witness: Bringing A Process Perspective To Modern Evidence Law, Edward K. Cheng, G. Alexander Nunn

Faculty Scholarship

The focal point of the modern trial is the witness. Witnesses are the source of observations, lay and expert opinions, authentication, as well as the conduit through which documentary, physical, and scientific evidence is introduced. Evidence law therefore unsurprisingly concentrates on – or perhaps obsesses over – witnesses. In this Article, we argue that this witness-centered perspective is antiquated and counterproductive. As a historical matter, focusing on witnesses may have made sense when most evidence was the product of individual observation and action. But the modern world frequently features evidence produced through standardized, objective, and even mechanical processes that largely …

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Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative Apr 2019

Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative

FIU Law Events

Fourth Annual Conference on the Fight Against Corruption: High-Risks, High-Rewards in the Global Fight against Corruption, (Thursday, April 25 from 1:00 pm to 5:45 pm, and Friday, April 26 from 8:40 am to 1:00 pm). This international conference represents an exciting forum for anti-corruption leaders from around the world, including asset recovery practitioners, government officials, and members of civil society, to discuss and analyze the anti-corruption movement’s recent successes, as well as the challenges that remain. The speakers include a Special Representative of the OAS Secretary General, the head of the Commission Against Impunity in Guatemala, Two attorney Generals, …

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Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca Apr 2019

Mexico’S National Anti-Corruption System: Reaching The Finish Line?, Dr. Roberto Carlos Fonseca

University of Miami Inter-American Law Review

No abstract provided.

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Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii Apr 2019

Banking On Blockchains: A Transformative Technology Reshaping Latin American And Caribbean Economies, Robert W. Rust Ii

University of Miami Inter-American Law Review

No abstract provided.

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Equitable Gateways: Toward Expanded Federal Habeas Corpus Review Of State Court Criminal Convictions, Eve Brensike Primus Apr 2019

Equitable Gateways: Toward Expanded Federal Habeas Corpus Review Of State Court Criminal Convictions, Eve Brensike Primus

Articles

State prisoners who file federal habeas corpus petitions face a maze of procedural and substantive restrictions that effectively prevent almost all prisoners from obtaining meaningful review of their convictions. But it is a mistake to think that habeas litigation is just a Kafkaesque nightmare with no constructive potential. Federal courts do sometimes cut through the doctrinal morass to consider state prisoners’ claims, relying on what this Articleterms "equitable gateways" to federal habeas relief. Litigants and courts generally underestimate the potential these gateways offer, with the result that habeas litigation does not focus on them as often as it should. Here …

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Trichology: A Study Of Hair And Its Uses As Trace Evidence, Amanda Landron Apr 2019

Trichology: A Study Of Hair And Its Uses As Trace Evidence, Amanda Landron

Ursidae: The Undergraduate Research Journal at the University of Northern Colorado

The purpose of this research was to study the characteristics of hair for the use as trace evidence. These characteristics are being used to add validity and reliability from the use of hair to confirm the identity of a person. Eight different humans and one dog hair samples were collected and compared to identify a fictional suspect. All of the hairs, including the primary suspect’s, were collected from a fictional crime scene. The characteristics were analyzed using a polarized microscope to microscopically compare the hairs and a ForensicGEM® DNA Extraction Kit, ZyGEM was used to extract DNA from the samples. …

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The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola Apr 2019

The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola

Pace Law Review

The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …

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Empiricism And The Misdemeanor Courts: Promoting Wider, Deeper, And Interdisciplinary Study, Alisa Smith Apr 2019

Empiricism And The Misdemeanor Courts: Promoting Wider, Deeper, And Interdisciplinary Study, Alisa Smith

Pace Law Review

Since 1956, there have been three waves of scholarly attention on the misdemeanor courts. Despite this attention, misdemeanor courts remain understudied and overlooked. The object of this paper is to summarize the empirical research conducted over the last sixty years and identify the scholarly work that should be undertaken on the processing of misdemeanor offenders in our courts. Buoyed by the current interest in studying the misdemeanor courts, scholars should widen and deepen their study by replicating the work of others in a variety of jurisdictions, observing court proceedings, interviewing defendants and the courtroom workgroup, and assessing whether constitutional ideals …

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Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar Apr 2019

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …

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Why Rape Should Be A Federal Crime, Donald A. Dripps Apr 2019

Why Rape Should Be A Federal Crime, Donald A. Dripps

William & Mary Law Review

Sexual assault remains at high levels despite decades of legal reforms. The recent wave of accusations against public figures signals both the persistence of the problem and a new political climate for addressing it. The Article argues that Congress should make forcible rape a federal crime, to the limits of the Commerce Clause. This would bring federal assets to the fight against rape by redirecting them from enforcement of possessory crimes. The simple statutory proposal might be accompanied by a more ambitious reorganization of the Justice Department to include a Bureau of Violent Crimes. Replies are offered to objections based …

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Socioeconomic Influences On Property Crime Rates: A Study In Virginia's Counties, Mary Passley Apr 2019

Socioeconomic Influences On Property Crime Rates: A Study In Virginia's Counties, Mary Passley

Student Scholar Showcase

Most research on factors and causes of crime, whether property or violent crime, focuses on individuals’ behavior or their surrounding environment. In this research, I explore the idea of socioeconomic factors correlated to property crime. I conducted a retrospective design to fully explore United States Census data and crime data gathered by the Bureau of Justice Statistics to discover statistically significant variables connected to property crime. Significant findings were shown by average people per house and retail sales per capita in all counties. Additional significant findings were percent employment change and percent with high school degree or higher in low …

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"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin Apr 2019

"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining Apr 2019

No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining

William & Mary Journal of Race, Gender, and Social Justice

This Article considers the impact of a hypothetical nonconsensual pornography victim’s previous sexual history on potential legal remedies, both criminal and civil. Due to jury bias and the difficulty in proving standard elements of many claims, the research shows that such a victim would likely be unsuccessful in court. This Article then turns to two legal concepts from related fields—the incremental harm doctrine and rape shield laws—and considers what effect their application would have on the hypothetical victim’s case. Ultimately, the author presents an argument for the logical expansion of rape shield laws to cases of nonconsensual pornography.

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Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim Apr 2019

Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law Apr 2019

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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Transnational Feminism In The Context Of Intimate Partner Violence In Ghana, Cynthia Grant Bowman Apr 2019

Transnational Feminism In The Context Of Intimate Partner Violence In Ghana, Cynthia Grant Bowman

Cornell International Law Journal

In this Article, I am concerned not so much with a definition of transnational feminism as with how it is accomplished. In particular, I am interested in the specific ways in which legal scholars and activists in the United States and Africa concerned with intimate partner violence (“IPV”) in Africa have interacted, influenced one another, and worked together to try to effect remedies for this substantial problem. In other words, I focus on how transnational feminism is done. I examine the development of thinking about IPV in Ghana as a case study. My argument is that the current state of …

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Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini Apr 2019

Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini

Villanova Law Review (1956 - )

No abstract provided.

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Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright Apr 2019

Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright

Maryland Law Review

No abstract provided.

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Crime And Punishment In Gold Country : A Historical Case-Study, Shih-Chun Steven Chien, Lawrence M. Friedman Apr 2019

Crime And Punishment In Gold Country : A Historical Case-Study, Shih-Chun Steven Chien, Lawrence M. Friedman

Law Faculty Articles and Essays

Rural life, small town life, is not and has never been idyllic. It has always had its share of pathology, sometimes deep pathology. Small town life is not necessarily traditional life, close-knit family life, neighborly life. That kind of life certainly exists; but America was never a traditional society in that sense. Its small towns were full of strangers. The population of El Dorado County, small as it was, had been growing rapidly. Like America in general, El Dorado County had its share of anomie; rootless men (and women), without strong relationships: ships without anchors, driftwood on the sea of …

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Opioid Policing, Barbara Fedders Apr 2019

Opioid Policing, Barbara Fedders

Indiana Law Journal

This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to —and death from—opioids has spurred this innovation, I refer to it as “opioid policing.” …

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Criminal Law—Rush To Judgment: Arkansas's Troubling Interpretation Of Dna Statutory Law, Michael Pollock Apr 2019

Criminal Law—Rush To Judgment: Arkansas's Troubling Interpretation Of Dna Statutory Law, Michael Pollock

University of Arkansas at Little Rock Law Review

No abstract provided.

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