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Articles 1 - 30 of 155
Full-Text Articles in Criminal Procedure
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid
Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid
Villanova Law Review (1956 - )
No abstract provided.
The Press, Privacy, Expungement, And Second Chances: Shifting The Paradigm, Brian M. Murray
The Press, Privacy, Expungement, And Second Chances: Shifting The Paradigm, Brian M. Murray
Villanova Law Review (1956 - )
No abstract provided.
(Re)Individualizing Criminal Law, Itay Ravid
(Re)Individualizing Criminal Law, Itay Ravid
Faculty Publications
Criminal law purports to care about the individual culpability of those committing crimes. Individual mental states or defenses based on one’s beliefs are considered foundational to moral responsibility and criminal conviction. The expansion of algorithmic risk assessment tools in the criminal legal system, however, threatens these principles, changing the criminal law subject from an autonomous individual to merely a predicted object. This Article argues that risk assessment tools—now functioning as gatekeepers at both the entry and exit stages of the criminal process, from predictive policing to compassionate release eligibility—have shifted the criminal system away from its foundation in individual culpability. …
The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel
The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel
Villanova Law Review (1956 - )
No abstract provided.
Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar
Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Penny-Wise But Not Pound-Foolish: The Second Circuit Limits The Scope Of Scheme Liability For Securities Fraud In Sec V. Rio Tinto Plc, Julia Sullivan
Penny-Wise But Not Pound-Foolish: The Second Circuit Limits The Scope Of Scheme Liability For Securities Fraud In Sec V. Rio Tinto Plc, Julia Sullivan
Villanova Law Review (1956 - )
No abstract provided.
The Elephant In The Dark Room: A Response To Fair Notice, The Rule Of Law And Reforming Qualified Immunity, Teressa E. Ravenell
The Elephant In The Dark Room: A Response To Fair Notice, The Rule Of Law And Reforming Qualified Immunity, Teressa E. Ravenell
Faculty Publications
In response to Professor Chapman’s Fair Notice, the Rule of Law, and Reforming Qualified Immunity, this article examines the viability of Chapman’s proposal to reform qualified immunity by focusing on the “fair notice” rationale. Chapman argues that government officials should not be shielded from liability in cases where they acted in bad faith, violated criminal laws, or engaged in conduct malum in se. This article explores whether such a proposal could meaningfully alter qualified immunity litigation and concludes that significant procedural and historical barriers make this reform unlikely to succeed.
The Voice Of Criminal Law, Michelle Madden Dempsey
The Voice Of Criminal Law, Michelle Madden Dempsey
Faculty Publications
In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on what one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the …
Holding The Big House Accountable: The Sixth Circuit Concludes A Pretrial Detainee's Fourteenth Amendment Deliberate Indifference Claim Is A Wholly Objective Determination, Noah Speitel
Villanova Law Review (1956 - )
No abstract provided.
Put The Juvenile Back In Juvenile Court, Erin Fitzgerald
Put The Juvenile Back In Juvenile Court, Erin Fitzgerald
Villanova Law Review (1956 - )
No abstract provided.
Democratizing Tthe Eighth Amendment, Erin E. Braatz
Democratizing Tthe Eighth Amendment, Erin E. Braatz
Villanova Law Review (1956 - )
No abstract provided.
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela
Villanova Law Review (1956 - )
No abstract provided.
There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong
There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong
Villanova Law Review (1956 - )
No abstract provided.
Hope Emerges From The Shadows: Riojas And Mccoy Offer New Tool For Exonorees, Jack Nelson
Hope Emerges From The Shadows: Riojas And Mccoy Offer New Tool For Exonorees, Jack Nelson
Villanova Law Review (1956 - )
No abstract provided.
Too Narrow, Too Bad: A Loophole The Adam Walsh Act Did Not Foresee In United States V. Icker, Sophie Davish
Too Narrow, Too Bad: A Loophole The Adam Walsh Act Did Not Foresee In United States V. Icker, Sophie Davish
Villanova Law Review (1956 - )
No abstract provided.
The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero
The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero
Villanova Law Review (1956 - )
No abstract provided.
Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill
Trust In Science: The Crisis Of Expertise As An Ideological, And Not Only A Scientific Controversy, David S. Caudill
Faculty Publications
Within the so-called "culture wars" dividing our nation politically, there is a law-related division over the trustworthiness of consensus science-the so-called "crisis of expertise." When the science concerning climate change, mask-wearing, or vaccinations becomes politicized, it loses its mooring in scientific evidence and impacts the effectiveness of regulatory law. Perhaps counter-intuitively, however, the solution is likely not to wear "Because Science" t-shirts while insisting on "cold, hard facts" and diagnosing as stupid those who believe the scientific theories of marginalized, minority-view scientists. Indeed, a certain level of modesty-regarding the uncertainties and tentativeness of even the best science-is necessary for the …
Applying International Law Solutions To The Xinjiang Crisis, Preston Jordan Lim
Applying International Law Solutions To The Xinjiang Crisis, Preston Jordan Lim
Faculty Publications
No abstract provided.
The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt
The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt
Working Paper Series
At-sentencing risk assessments are predictions of an individual’s statistically likely future criminal conduct. These assessments can be derived from a number of methodologies ranging from unstructured clinical judgment to advanced statistical and actuarial processes. Some assessments consider only correlates of criminal recidivism, while others also take into account criminogenic needs. Assessments of this nature have long been used to classify defendants for treatment and supervision within prisons and on community supervision, but they have only relatively recently begun to be used – or considered for use – during the sentencing process. This shift in application has raised substantial practical and …
#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan
#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan
Villanova Law Review (1956 - )
No abstract provided.
Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy
Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy
Villanova Law Review (1956 - )
No abstract provided.
Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher
Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher
Villanova Law Review (1956 - )
No abstract provided.
Now I'M Guilty, Now I'M Not: The Automatic Right To Pre-Sentence Guilty Plea Withdrawals In Pennsylvania Since Commonwealth V. Forbes, Thomas P. Reilly
Now I'M Guilty, Now I'M Not: The Automatic Right To Pre-Sentence Guilty Plea Withdrawals In Pennsylvania Since Commonwealth V. Forbes, Thomas P. Reilly
Villanova Law Review (1956 - )
No abstract provided.
Driving A Hard Bargain: Accepting Responsibility For A Significant Curtailment Of Federal Prosecutorial Discretion In United States V. Divens, Rory A. Eaton
Villanova Law Review (1956 - )
No abstract provided.
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Working Paper Series
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Working Paper Series
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Faculty Publications
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
Working Paper Series
Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …