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The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability, Sara Sun Beale 2014 Duke Law School

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability, Sara Sun Beale

Faculty Scholarship

In the United States, corporate criminal liability developed in response to the industrial revolution and the rise in the scope and importance of corporate activities. This article focuses principally on federal law, which bases corporate criminal liability on the respondeat superior doctrine developed in tort law. In the federal system, the formative period for the doctrine of corporate criminal liability was the early Twentieth Century, when Congress dramatically expanded the reach of federal law, responding to the unprecedented concentration of economic power in corporations and combinations of business concerns as well as new hazards to public health and safety. Both …


Missing Mcveigh, Michael E. Tigar 2014 Duke Law School

Missing Mcveigh, Michael E. Tigar

Faculty Scholarship

No abstract provided.


“White Collar” Crimes, Samuel W. Buell 2014 Duke Law School

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …


Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young 2014 Duke Law School

Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young

Faculty Scholarship

No abstract provided.


Crime Victims' Rights During Criminal Investigations? Applying The Crime Victims' Rights Act Before Criminal Charges Are Filed, Paul G. Cassell, Nathanael J. Mitchell, Bradley J. Edwards 2014 Northwestern Pritzker School of Law

Crime Victims' Rights During Criminal Investigations? Applying The Crime Victims' Rights Act Before Criminal Charges Are Filed, Paul G. Cassell, Nathanael J. Mitchell, Bradley J. Edwards

Journal of Criminal Law and Criminology

No abstract provided.


Shadow Immigration Enforcement And Its Constitutional Dangers, Maureen A. Sweeney 2014 Northwestern Pritzker School of Law

Shadow Immigration Enforcement And Its Constitutional Dangers, Maureen A. Sweeney

Journal of Criminal Law and Criminology

No abstract provided.


Extending Sentencing Mitigation For Deserving Young Adults, Kelsey B. Shust 2014 Northwestern Pritzker School of Law

Extending Sentencing Mitigation For Deserving Young Adults, Kelsey B. Shust

Journal of Criminal Law and Criminology

No abstract provided.


Negotiating Peremptory Challenges, Caren Myers Morrison 2014 Northwestern Pritzker School of Law

Negotiating Peremptory Challenges, Caren Myers Morrison

Journal of Criminal Law and Criminology

No abstract provided.


Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett 2014 Northwestern Pritzker School of Law

Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett

Journal of Criminal Law and Criminology

No abstract provided.


Mass Incarceration And Employment, Steven Raphael 2014 University of California, Berkeley

Mass Incarceration And Employment, Steven Raphael

Employment Research Newsletter

No abstract provided.


Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding 2014 University of Kentucky College of Law

Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding

Law Faculty Scholarly Articles

This article provides a historical survey of capital punishment in the Commonwealth of Kentucky, paying particular attention to gender and race. The author concludes that given the lack of recent executions that it is perhaps time to make legislative changes to the Commonwealth’s death penalty practice.


Getting Jurors To Awesome, Cortney E. Lollar 2014 University of Kentucky College of Law

Getting Jurors To Awesome, Cortney E. Lollar

Law Faculty Scholarly Articles

A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have had their sentences overturned on appeal. Kentucky’s reversal rate is more than twice the national average, with a 31% reversal rate in capital cases and almost four times the 17% national reversal rate in all other case types. With a sentence as irreversible as death, troubling does not begin to describe the depth of concern many experience when viewing such a startling statistic.

A closer …


Criminal Constitutional Avoidance, William W. Berry III 2014 Northwestern Pritzker School of Law

Criminal Constitutional Avoidance, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.


The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker 2014 Northwestern Pritzker School of Law

The Hedonic Consequences Of Punishment Revisited, Christopher Wildeman, Kristin Turney, Jason Schnittker

Journal of Criminal Law and Criminology

No abstract provided.


Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky 2014 Northwestern Pritzker School of Law

Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky

Journal of Criminal Law and Criminology

No abstract provided.


Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski 2014 Northwestern Pritzker School of Law

Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski

Journal of Criminal Law and Criminology

No abstract provided.


Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel 2014 Northwestern Pritzker School of Law

Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel

Journal of Criminal Law and Criminology

No abstract provided.


Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney 2014 Northwestern Pritzker School of Law

Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney

Journal of Criminal Law and Criminology

No abstract provided.


The Validity Of United States V. Nazemian Following Crawford And Its Progeny: Do Criminal Defendants Have The Right To Face Their Interpreters At Trial?, John Kracum 2014 Northwestern Pritzker School of Law

The Validity Of United States V. Nazemian Following Crawford And Its Progeny: Do Criminal Defendants Have The Right To Face Their Interpreters At Trial?, John Kracum

Journal of Criminal Law and Criminology

No abstract provided.


Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work 2014 Northwestern Pritzker School of Law

Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work

Journal of Criminal Law and Criminology

No abstract provided.


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