Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law,
2014
Duke Law School
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
No abstract provided.
Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion,
2014
Touro Law Center
Nuance, Technology, And The Fourth Amendment: A Response To Predictive Policing And Reasonable Suspicion, Fabio Arcila Jr.
Scholarly Works
In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.
It's A 'Criming Shame': Moving From Land Use Ethics To Criminalization Of Behavior Leading To Permits And Other Zoning Related Acts,
2014
Touro Law Center
It's A 'Criming Shame': Moving From Land Use Ethics To Criminalization Of Behavior Leading To Permits And Other Zoning Related Acts, Patricia E. Salkin, Bailey Ince
Scholarly Works
In the past, land use ethics inquiries predominately involved conflicts of interest or an official holding public office while engaging in a previously held business or law practice. Now, prosecutors are looking at the underlying criminality of the unethical acts carried out in the context of land use decisions. With a wide array of criminal statutes in the hands of federal prosecutors, almost all forms of unethical conduct could in some way also violate a federal criminal statute.
Part II of this article reviews the federal statutes most often used by federal prosecutors and provides some examples of recent reported …
The Turn To Corporate Criminal Liability For International Crimes: Transcending The Alien Tort Statute,
2014
Allard School of Law at the University of British Columbia
The Turn To Corporate Criminal Liability For International Crimes: Transcending The Alien Tort Statute, James G. Stewart
All Faculty Publications
In November 2013, Swiss authorities announced a criminal investigation into one of the world’s largest gold refineries on the basis that the company committed a war crime. The Swiss investigation comes a matter of months after the US Supreme Court decided in Kiobel v. Royal Dutch Petroleum Co. that allegations like these could not give rise to civil liability under the aegis of the Alien Tort Statute (“ATS”). Intriguingly, however, the Swiss case is founded on a much earlier American precedent. In 1909, the U.S. Supreme Court approved the novel practice of prosecuting companies. Unlike the Court’s position in Kiobel …
Juries, Lay Judges, And Trials,
2014
Allard School of Law at the University of British Columbia
Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans
All Faculty Publications
“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …
Juries And The Criminal Constitution,
2014
Southern Methodist University, Dedman School of Law
Juries And The Criminal Constitution, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Judges are regularly deciding criminal constitutional issues based on changing societal values. For example, they are determining whether police officer conduct has violated society’s "reasonable expectations of privacy" under the Fourth Amendment and whether a criminal punishment fails to comport with the "evolving standards of decency that mark the progress of a maturing society" under the Eighth Amendment. Yet judges are not trained to assess societal values, nor do they, in assessing them, ordinarily consult data to determine what those values are. Instead, judges turn inward, to their own intuitions, morals, and values, to determine these matters. But judges’ internal …
Fifteen Years Of Supreme Court Criminal Procedure Work: Three Constitutional Brushes,
2014
Columbia Law School
Fifteen Years Of Supreme Court Criminal Procedure Work: Three Constitutional Brushes, Daniel C. Richman
Faculty Scholarship
This essay – written in connection with a French National Research Agency project on “Neo or Retro Constitutionalisms” – is an effort to pull together the last fifteen years of Supreme Court criminal procedure cases expanding constitutional protections. It identifies three different styles: thin and clear doctrinal lines on miniature doctrinal canvases that have only passing connections to criminal justice realities; episodic and self-limiting engagements with a potentially larger regulatory space; and a grand style that hints at sweeping structural ambitions but collaborates with other regulatory authorities. Readers undoubtedly can come up with more than three styles. But, in any …
Shaken Baby Syndrome On Trial,
2014
University of Wisconsin Law School
Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck
Articles
This is a short review of Deborah Tuerkheimer's book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014).
The Time Has Come For A Restatement Of Child Sex Abuse,
2014
Benjamin N. Cardozo School of Law
The Time Has Come For A Restatement Of Child Sex Abuse, Marci A. Hamilton
Articles
No abstract provided.
Correcting Criminal Justice Through Collective Experience Rigorously Examined,
2014
Columbia Law School
Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern
Faculty Scholarship
Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …
The Anomaly Of Entrapment,
2014
Benjamin N. Cardozo School of Law
The Anomaly Of Entrapment, Jessica A. Roth
Articles
Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying threats too late, government agents are moving aggressively to identify potential terrorists before they strike. Undercover agents and confidential informants necessarily play a large role in such efforts. As a result of such operations, we have seen a number of cases brought to trial in the federal courts in which defendants have asserted the entrapment defense. To date, the defense has not succeeded. However, as a consequence of these cases, the United States Supreme Court may …
The Great Writ In The Peach State: Georgia Habeas Corpus, 1865-1965,
2014
University of Georgia School of Law
The Great Writ In The Peach State: Georgia Habeas Corpus, 1865-1965, Donald E. Wilkes Jr.
Scholarly Works
There is a plenitude of scholarly writing on the Great Writ of Habeas Corpus, which is universally recognized as "one of the decisively differentiating factors between our democracy and totalitarian governments."' The overwhelming majority of these scholarly publications are concerned with the writ of habeas corpus as administered in the federal court system. There are far fewer scholarly publications on the writ of habeas corpus as administered in the courts of the State of Georgia, and most of these works are concerned with Georgia habeas corpus as a state postconviction remedy, past and present. Only one scholarly piece, a law …
Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes,
2014
University of Georgia School of Law
Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan
Scholarly Works
The article discusses evolution of social services and legal remedies for domestic violence. It reviews research done on domestic violence victims to find out factors that prevent victims from reporting the incident. It offers tips on how to motivate victims to report the incidence of domestic violence. It offers a new proposal targeting women who both suffer violence and have a criminal history.
Export Controls: A Contemporary History,
2013
Purdue University
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
Optimal Warning Strategies: Punishment Ought Not To Be Inflicted Where The Penal Provision Is Not Properly Conveyed,
2013
Florida State University College of Law
Optimal Warning Strategies: Punishment Ought Not To Be Inflicted Where The Penal Provision Is Not Properly Conveyed, Murat C. Mungan
Scholarly Publications
Law enforcers frequently issue warnings, as opposed to sanctions, when they detect first-time offenders. However, virtually all of the law and economics literature dealing with optimal penalty schemes for repeat offenders suggest that issuing warnings is a sub-optimal practice. Another observed phenomenon is the joint use of warnings and sanctions in law enforcement: person A may receive a sanction, whereas person B is only warned for committing the same offense. This situation can be explained through the use of hybrid warning strategies, a concept not yet formalized in the law enforcement literature, where law enforcers issue warnings to x% …
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions,
2013
Brooklyn Law School
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Faculty Scholarship
No abstract provided.
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History,
2013
Barry University School of Lw
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
Actmissions,
2013
SUNY Buffalo Law School
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
The Paradoxes Of Restitution,
2013
William Mitchell College of Law
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences,
2013
West Virginia University College of Law
The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences, Greg Siepel
West Virginia Law Review
No abstract provided.
