Cramer on FBI Statistics and Defensive Gun Use

Clayton E. Cramer (College of Western Idaho) has posted Why the FBI's Justifiable Homicide Statistics are a Deceptive Measure of Defensive Gun Use on SSRN. Here is the abstract: As part of the FBI’s Uniform Crime Reports system, the FBI...

Lyon et al. on Confessions by Children

Thomas D. Lyon , Lindsay Erin Wandrey , Elizabeth C. Ahern , Robyn Carbone Licht , Megan Simand Jodi Quas (University of Southern California - Gould School of Law , University of California, Irvine , University of Cambridge , University...

Levine & Wright on Prosecutors and Wrongful Conviction

Kay L. Levine and Ronald F. Wright (Emory University School of Law and Wake Forest University - School of Law) have posted Prosecutor Risk, Maturation, and Wrongful Conviction Practice (Law and Social Inquiry, Forthcoming) on SSRN. Here is the abstract:...

Litman on Federally Funded Defenders in State Court

Leah M Litman has posted Officiating Removal (124 Penn. L. Rev. Online 33, 2015) on SSRN. Here is the abstract: For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants’ representation in state postconviction...

Sarch on Beyond Willful Ignorance

Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Beyond Willful Ignorance on SSRN. Here is the abstract: The law allows willful ignorance to substitute for knowledge on the theory that these two mental...

Plaxton on Implied Consent & Sexual Assault

Michael Plaxton (University of Saskatchewan - College of Law) has posted Implied Consent & Sexual Assault: Introduction (McGill-Queen's University Press, 2015) (Forthcoming)) on SSRN. Here is the abstract: In R. v. Ewanchuk, the Supreme Court of Canada held that sexual...

Edwards and Urquhart on Privacy in Social Media

Lilian Edwards and Lachlan Urquhart (University of Strathclyde Law School and University of Nottingham, School of Computer Science) have posted Privacy in Public Spaces: What Expectations of Privacy Do We Have in Social Media Intelligence? on SSRN. Here is the...

Murray on Prosecutorial Responsibility and Collateral Consequences

Brian M. Murray (Temple University, Beasley School of Law) has posted Prosecutorial Responsibility and Collateral Consequences (Stanford Journal of Civil Rights and Civil Liberties, Forthcoming) on SSRN. Here is the abstract: Plea-bargaining has been the norm in criminal adjudication for...

Stern on Mens Rea and Mental Disorder

Craig A. Stern (Regent University School of Law) has posted Mens Rea and Mental Disorder (The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies. Mark D. White, Editor. Forthcoming) on SSRN. Here is the abstract: This chapter, to...

Griffin on Silence, Confessions, and Accuracy

Lisa Kern Griffin (Duke University School of Law) has posted Silence, Confessions, and the New Accuracy Imperative (Duke Law Journal, Forthcoming) on SSRN. Here is the abstract: Silence is both overpriced and underrated. This Article assesses the status of silence...

Pierce et al. on Race in Homicide Cases

Glenn L. Pierce , Michael Radelet , Chad Posick and Tim Lyman (Northeastern University - School of Criminology and Criminal Justice , University of Colorado at Boulder - Institute of Behavioral Sciences , Georgia Southern University and Northeastern University, Institute...

Koehler on The Impact of Prosecution Agreements on FCPA Enforcement

Mike Koehler (Southern Illinois University School of Law) has posted Measuring the Impact of Non-Prosecution and Deferred Prosecution Agreements on Foreign Corrupt Practices Act Enforcement (49 U.C. Davis Law Review 497 (2015)) on SSRN. Here is the abstract: Historically, the...

Miller on Digital Border Searches

Thomas Mann Miller has posted Digital Border Searches After Riley v. California (Washington Law Review, Vol. 90, 2015, Forthcoming) on SSRN. Here is the abstract: The federal government claims that the Fourth Amendment permits it to search digital information on...

Crofts on Malice

Penny Crofts (University of Technology Sydney, Faculty of Law) has posted The Poisoned Apple of Malice (Griffith Law Review, vol. 22, no. 1, pp. 150-179, July 2013) on SSRN. Here is the abstract: Contemporary criminal law tends to regard malice...

Holder on Specialist Domestic Violence Courts

Robyn L Holder (Griffith Criminology Institute) has posted Specialist Domestic Violence Courts: Planning (and Researching) for Long Haul System Change on SSRN. Here is the abstract: The numbers of specialist domestic violence courts in the USA is over 400; there...

"Crime Is Worse Than You Thought -- Much Worse"

Bill Otis has this post at Crime & Consequences: The crime figures I have been using (and almost all other bloggers and academics use) are taken from the Uniform Crime Reports compiled by the FBI. That source, however, gives only...

"Encouraging DUI alternative sentencing story from South Dakota"

Doug Berman has this post at Sentencing Law & Policy, excerpting an A.P. story. From the excerpt: Twice a day for three years, Chris Mexican has showed up at the county jail in Pierre to blow into a tube and...

"Lives in Balance, Texas Leads Scrutiny of Bite-Mark Forensics"

From The New York Times: Forensic science more broadly is in turmoil as prosecutors, defense lawyers and judges confront evidence that many long-used methods, like handwriting analysis and microscopic hair comparisons, were based more on tradition than science and do...

Shearing on Policing and Its Development

Clifford Shearing (Griffith Institute of Criminology) has posted Reflections on the Nature of Policing and Its Development (Police Practice and Research (2015)) on SSRN. Here is the abstract: What I have been asked to do today is to reflect, with...

Langos & Sarre on Responding to Cyberbullying

Colette Langos and Rick T Sarre (University of Adelaide and University of South Australia - School of Law) have posted Responding to Cyberbullying: The Case for Family Conferencing (Deakin Law Review, Vol. 20, No. 2, 2015) on SSRN. Here is...

Litman on Resentencing in the Shadow of Johnson v. US

Leah M Litman has posted Resentencing in the Shadow of Johnson v. United States (Federal Sentencing Reporter, Vol. 28, No. 1, 2015) on SSRN. Here is the abstract: This essay analyzes several statutes and doctrines that will determine whether courts...

"Is DNA testing blood on seized clothing a Fourth Amendment ‘search’?"

Orin Kerr has this post at The Volokh Conspiracy, excerpting a cert petition he authored that fleshes out the argument that it is a search.

"Justice Dept. to Investigate Chicago Police After Laquan McDonald Case"

From The New York Times: Critics have raised many questions. Did Mayor Rahm Emanuel’s re-election fight play a role in his administration’s decision this year to pay $5 million to Mr. McDonald’s family members even before they filed a lawsuit?...

Kainen on Opening the Door and the Exclusionary Rule

James L. Kainen (Fordham University School of Law) has posted Shields, Swords, and Fulfilling the Exclusionary Rule's Deterrent Function (American Criminal Law Review, Vol. 50, 2013) on SSRN. Here is the abstract: Relying on the metaphor that a criminal defendant...

Friedman & Ponomarenko on Democratic Policing

Barry Friedman and Maria Ponomarenko (New York University School of Law and New York University School of Law) have posted Democratic Policing (New York University Law Review, Vol. 90, 2015) on SSRN. Here is the abstract: Of all the agencies...

"11th Circuit deepens the circuit split on applying the private search doctrine to computers"

Orin Kerr has this post at The Volokh Conspiracy. In part: In 2005, the 5th Circuit ruled that the entire computer was searched. In 2012,the 7th Circuit agreed with the 5th Circuit that the entire computer was searched. In May,...

"Cleveland Officer Says He Shot Tamir Rice After Fake Gun Was Pulled"

From The New York Times: The statement is the first public accounting of the Nov. 22, 2014, shooting from Officer Loehmann, who shot Tamir, who was black, within seconds of spotting him outside a neighborhood recreation center. The gun Officer...

"Teens, Confessions, and Culpability"

Kent Scheidegger has this post at Crime & Consequences, summarizing and discussing an article in the L.A. Times.

"Extortion, Government Style"

Solomon Wisenberg has this post at While Collar Crime Prof Blog. In part: If you want to know why companies settle with the government, even when they aren't guilty of anything, look no further than Ally Financial LLC's $98 million...

"Mother Who Left Baby at Queens Church Is Found; No Charges Will Be Filed"

From The New York Times: The mother of a baby who was left this week in an unadorned crèche inside a Roman Catholic church in Queens was found and will not face criminal prosecution, the county district attorney said late...

Ocen on Race and Sexually Exploited Minors

Priscilla A Ocen (Loyola Law School Los Angeles) has posted (E)Racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited Minors (UCLA Law Review, Vol. 62, No. 6, 2015) on SSRN. Here is the...

Holland on Miranda

Brooks Holland (Gonzaga University School of Law) has posted Miranda v. Arizona: 50 Years of Judges Regulating Police Interrogation (16 Insights on Law & Society 4, 2015) on SSRN. Here is the abstract: This article commemorates the 50th anniversary of...

"Chicago Officer Charged in Death of Black Teenager"

From The New York Times: The charges against Officer Jason Van Dyke, 37, come more than a year after the shooting, but only days after a judge ordered Chicago officials to release the video from the shooting, captured by a...

"In France, Some See the Police Security Net as Too Harsh"

From The New York Times: All over France, from Toulouse in the south to Paris and beyond, the police have been breaking down doors, conducting searches without warrants, aggressively questioning residents, hauling suspects to police stations and putting others under...

Friedman on Race and Stop, Question & Frisk Policing

Matthew Friedman (New York University (NYU) - Brennan Center for Justice) has posted The Role of Race in Police Interdictions: Evidence from the New York Police Department's Use of Stop, Question & Frisk Policing on SSRN. Here is the abstract:...

Saunders et al. on Psychological Indicators of Support for Stop-and-Frisk

Ben Saunders , Noah Paul Cohen , Elspeth Kelly and Christopher Guarino (Long Island University - Brooklyn , Icahn School of Medicine at Mount Sinai , Long Island University and Long Island University) on Right-Wing Authoritatianism and Social Dominance Orientation...

Ehrenberg on Less Evidence, Better Knowledge

Kenneth M. Ehrenberg (University of Alabama - Department of Philosophy) has posted Less Evidence, Better Knowledge (McGill Law Journal, Vol. 60, No. 2, p 173-214, 2015) on SSRN. Here is the abstract: In his 1827 work Rationale of Judicial Evidence,...

Casenote on Heien v. NC

has been published in the Harvard Law Review. In part: Mindful that an open-ended “reasonableness” test might sow confusion — or worse, abuse — both the majority and concurrence sought to cabin the reasonable-mistake-of-law test with additional qualifiers. Such qualifiers...

"Constitutional right to obtain exculpatory evidence from prosecutors extends to plea-bargain phase"

David Post has this post at The Volokh Conspiracy, discussing and excerpting Buffey v. Warden, opinion available here.

"Baltimore Police Assailed for Response After Freddie Gray’s Death"

From The New York Times: The far-reaching review was conducted by the Police Executive Research Forum, an independent organization based in Washington, and released Monday by the Police Department. It examined the department’s handling of the unrest that followed the...

Lyon et al. on Wrongful Acquittals of Child Sexual Abuse

Thomas D. Lyon , Stacia N. Stolzenberg and Kelly McWilliams (University of Southern California - Gould School of Law , Arizona State University (ASU) - School of Criminology & Criminal Justice and USC Gould School of Law) have posted Wrongful...

Beety on Thompson on Forensic Labs

Valena Elizabeth Beety (West Virginia University - College of Law) has posted Cops in Lab Coats and Forensics in the Courtroom (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: Law enforcement’s past cover-ups of faulty...

"How Gun Traffickers Get Around State Gun Laws"

From The New York Times: How Gun Traffickers Get Around State Gun Laws - The New York Times In California, some gun smugglers use FedEx. In Chicago, smugglers drive just across the state line into Indiana, buy a gun and...

Ahern et al. on Child Forensic Interviews

Elizabeth C. Ahern , Samantha J. Andrews , Stacia N. Stolzenberg and Thomas D. Lyon (University of Cambridge , University of Cambridge , Arizona State University (ASU) - School of Criminology & Criminal Justice and University of Southern California -...

Ross on Prison Voyeurism

Jeffrey Ian Ross (University of Baltimore - School of Law) has posted Varieties of Prison Voyeurism: An Analytic/Interpretive Framework (The Prison Journal, Vol. 95, No.3, pp. 397-417, 2015) on SSRN. Here is the abstract: The public learns, experiences, and knows...

Feldman on Kozinski on Eyewitness Identifications

Laurie N. Feldman (Government of the State of Connecticut, Office of the Chief State's Attorney) has posted The Unreliable Case Against the Reliability of Eyewitness Identifications: A Response to Judge Alex Kozinski (Quinnipiac Law Review, Forthcoming) on SSRN. Here is...

Berry on Retroactivity and Miller v. Alabama

William W. Berry III (University of Mississippi School of Law) has posted The Retroactivity Roadmap (NYU Journal of Law & Liberty, Forthcoming (Symposium)) on SSRN. Here is the abstract: In Miller v. Alabama, the Supreme Court held that imposing a...

Baker on The Mental Element in Complicity

Dennis J Baker has posted Reinterpreting the Mental Element in Criminal Complicity: Change of Normative Position Theory Cannot Rationalize the Current Law (Law & Psychology Review, Vol. 40, 2016) on SSRN. here is the abstract: In this article, I will...

"Judge Grants New Hearing for Adnan Syed in ‘Serial’ Case"

From The New York Times: Adnan Syed, whose conviction in the murder of his high school ex-girlfriend was the subject of the popular “Serial” podcast, has been granted a hearing that will allow him to introduce new evidence. Judge Martin...

Friday's criminal law/procedure cert grant

Issue summary is from ScotusBlog, which also links to papers: Nichols v. United States: Whether 42 U.S.C. § 16913(a) requires a sex offender who resides in a foreign country to update his registration in the jurisdiction where he formerly resided,...

Perlin on Insanity and Incompetency

Michael L. Perlin (New York Law School) has posted 'God Said to Abraham/Kill Me a Son': Why the Insanity Defense and the Incompetency Status are Compatible with and Required by the Convention on the Rights of Persons with Disabilities and...

"Citizen kills robber who has what turns out to be an imitation gun — is the killing lawful self-defense?"

Eugene Volokh has this post at The Volokh Conspiracy, commenting on a recent news report. In part: In half the states (including Illinois), it’s legal to use deadly force against a robber — including against unarmed robbers, where you think...

The Hastert Structuring Case

Lawrence S. Goldman has this post at White Collar Crime Prof Blog continuing a debate over whether the case should have been pursued. In part: Hastert was charged with, and pleaded guilty to, structuring withdrawals from financial institutions of his...

"Death Penalty Opponents Split Over Taking Issue to Supreme Court"

From The New York Times: The divide is partly generational. Many veteran litigators have suffered stinging setbacks in the Supreme Court, and they favor an incremental strategy. They would continue to chip away at the death penalty in the courts,...

Wexler on Integrating Procedural Justice and Therapeutic Jurisprudence

David B. Wexler has posted Guiding Court Conversation Along Pathways Conducive to Rehabilitation: Integrating Procedural Justice and Therapeutic Jurisprudence on SSRN. Here is the abstract: A recent thoughtful criminology paper urges the use of procedural justice (PJ) and therapeutic jurisprudence...

"In Heroin Crisis, White Families Seek Gentler War on Drugs"

The story is in The New York Times: When the nation’s long-running war against drugs was defined by the crack epidemic and based in poor, predominantly black urban areas, the public response was defined by zero tolerance and stiff prison...

Engle on Mandatory Reporting of Campus Sexual Assault and Domestic Violence

Jill C. Engle (Pennsylvania State University, Penn State Law) has posted Mandatory Reporting of Campus Sexual Assault and Domestic Violence: Moving to a Victim-Centric Protocol that Comports with Federal Law (Temple Political & Civil Rights Law Review, Vol. 24, No....

Lever on Race and Racial Profiling

Annabelle Lever (University of Geneva - Department of Political Science) has posted Race and Racial Profiling (Oxford Handbook of the Philosophy of Race, ed. Naomi Zack (OUP 2016)) on SSRN. Here is the abstract: Philosophical reflection on racial profiling tends...

"Queens Prosecutors Indict 17 in Internet Gambling Ring"

From The New York Times: An illegal gambling ring with more than 2,000 bettors in the United States moved millions of dollars through banks and credit card companies and used an overseas website to place the wagers and keep the...

Joh & Joo on DOJ Guidelines on Prosecuting White Collar Crime

Elizabeth E. Joh and Thomas Wuil Joo (University of California, Davis - School of Law and University of California, Davis - School of Law) have posted The Corporation as Snitch: The New DOJ Guidelines on Prosecuting White Collar Crime (Virginia...

"Video Shows Officer Flipping Student in South Carolina, Prompting Inquiry"

The New York Times has the story and the video: The authorities in South Carolina are investigating a confrontation in which a white school police officer in Columbia is seen in a video flipping a black female high school student...

"The Disproportionate Risks of Driving While Black"

From The New York Times: Documenting racial profiling in police work is devilishly difficult, because a multitude of factors — including elevated violent crime rates in many black neighborhoods — makes it hard to tease out evidence of bias from...

"F.B.I. Chief Links Scrutiny of Police With Rise in Violent Crime"

From The New York Times: CHICAGO — The F.B.I. director, James B. Comey, said on Friday that the additional scrutiny and criticism of police officers that has come in the wake of highly publicized incidents of police brutality may be...

"U.S. Prosecutor to Drop Insider Trading Cases Against Seven"

From The New York Times: The dismissal of Mr. Steinberg’s conviction had been expected in light of the appellate court ruling that overturned the earlier convictions of Anthony Chiasson and Todd Newman on similar evidence of improper trading in shares...

Pizzi on Comparative Reflections on Jury Trial

William T. Pizzi has posted Comparative Reflections on Duncan v. Louisiana and Baldwin v. New York (Loyola of Los Angeles International and Comparative Law Review, Forthcoming) on SSRN. Here is the abstract: This article takes a look back at two...

"Riveting Retelling of ’78 Lufthansa Heist, but in Court, Not on Film"

From The New York Times: They made off with $6.25 million in cash, as well as the jewelry and German bank notes. The Lufthansa heist, one of the biggest cash robberies in United States history, went unsolved for decades. ....

"Oklahoma suspends executions pending completion of investigation"

From Jurist: Oklahoma Attorney General Scott Pruitt[official website] agreed Friday to suspend all executions [stipulation, PDF; press release] until his office has completed an investigation into the use of a wrong lethal injection drug during an execution last January. Pruitt...

Abrams on The Law and Economics of Stop-and-Frisk

David Abrams (University of Pennsylvania Law School) has posted The Law and Economics of Stop-and-Frisk (Loyola University Chicago Law Journal, Vol. 46, Pg. 369, 2014) on SSRN. Here is the abstract: The relevant economic and legal research relating to police...

"Notable new polling on distinct sentencing/punishment issues"

Doug Berman has this post at Sentencing Law & Policy. In part: For a host of reasons, I am not sure these polls are especially consequential when it comes to changing the minds or votes of established politicians. After all,...

MacDonald on Cyberterrorism and Enemy Criminal Law

Stuart K. MacDonald (Swansea University College of Law) has posted Cyberterrorism and Enemy Criminal Law (Cyber War: Law and Ethics for Virtual Conflicts (edited by Jens David Ohlin, Kevin Govern and Claire Finkelstein) (OUP, 2015)) on SSRN. Here is the...

"Minnesota court rules warrantless DWI blood tests unconstitutional"

From Jurist: The Minnesota Court of Appeals [official website] ruled [opinion, PDF] Tuesday that an officer must obtain a warrant in order to test the blood of a person suspected of driving while intoxicated (DWI). Minnesota's implied consent law, Statute...

"Reported hate crimes in England and Wales increase 18%"

From Jurist: Home Office statistics [materials] revealed Tuesday that hate crimes in England and Wales have risen by 18 percent over the last year. Police recorded [Huffington Post report] 52,528 hate crimes between 2014 and 2015, which were motivated by...

Donna & Espin-Sanchez on Letting the Punishment Fit the Criminal

Javier Donna and José-Antonio Espín-Sánchez (Ohio State University (OSU) - Economics and Yale University) have posted Let the Punishment Fit the Criminal on SSRN. Here is the abstract: We investigate the role of punishment progressivity and individual characteristics in the...

Howe on The Eighth Amendment Prohibition on Excessive Bail

Scott Howe (Chapman University, The Dale E. Fowler School of Law) has posted The Implications of Incorporating the Eighth Amendment Prohibition on Excessive Bail (Hofstra Law Review, Vol. 43, No. 4, 2015) on SSRN. Here is the abstract: In its...

Bean on The FIFA Corruption Scandal

Bruce W. Bean (Michigan State University - College of Law) has posted FIFA Has Made the 'Beautiful Game' Ugly on SSRN. Here is the abstract: This article provides background for a discussion of the criminal proceedings against 14 individuals and...

Barrozo on Cruelty in Criminal Law

Paulo Barrozo (Boston College - Law School) has posted Cruelty in Criminal Law: Four Conceptions (Criminal Law Bulletin Vol. 51 No. 5 (2015)) on SSRN. Here is the abstract: This Article defines four distinct conceptions of cruelty found in underdeveloped...

Rowe on Cyberthefts of Trade Secrets

Elizabeth A. Rowe (University of Florida - Levin College of Law) has posted RATs, TRAPs, and Trade Secrets on SSRN. Here is the abstract: Technology has facilitated both the amount of trade secrets that are now stored electronically, and the...

"Gerry Adams, Sinn Fein Leader, Won’t Face Prosecution Over 1972 Murder"

From The New York Times: Northern Ireland’s public prosecution service said that it would not bring charges against Mr. Adams, or six others who had been questioned by the police, because there was little hope of securing a conviction in...

Cassidy on Silencing Grand Jury Witnesses

R. Michael Cassidy (Boston College Law School) has posted Silencing Grand Jury Witnesses (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: The investigations of local police officers for causing the deaths of unarmed civilians in Ferguson, Missouri and...

"Mother of Patrick Kane’s Accuser Lied About Evidence Tampering, District Attorney Says"

This bizarre story is from The New York Times: At a news conference at his office, the district attorney, Frank A. Sedita III, broke a self-imposed public silence to describe the mother’s claims that she had found an evidence bag...

"Fifth Amendment protects passcode on smartphones, court holds"

Orin Kerr has this post at The Volokh Conspiracy. In part: I think the Huang court is wrong because the government did not seek an order forcing the defendants to hand over records of insider trading. If that had been...

Davids & McMahon on Misconduct in Public Office

Cindy Davids and Marilyn M McMahon (Deakin University - Deakin Law School and Deakin University - Deakin Law School) have posted Police Misconduct as a Breach of Public Trust: The Offence of Misconduct in Public Office (Deakin Law Review, vol....

"Slouching in the wrong neighborhood leads to a stop — and a decade in jail"

Orin Kerr has this post at The Volokh Conspiracy, excerpting a recent Sixth Circuit case and concluding, "Judgments about reasonable suspicion are always about line-drawing and inference. With that said, I think this decision is wrong."

Ghosal & Sokol on Cartel Prosecutions

Vivek Ghosal and D. Daniel Sokol (Georgia Institute of Technology and University of Florida - Levin College of Law) have posted Policy Innovations, Political Preferences, and Cartel Prosecutions on SSRN. Here is the abstract: While price-fixing cartel prosecutions have received...

"Suit Alleges ‘Scheme’ in Criminal Costs Borne by New Orleans’s Poor"

From The New York Times: On Thursday, Ms. Cain joined five other plaintiffs in a class-action lawsuit against the criminal district court here, among others, alleging that judges and court officials have been running an “illegal scheme” in which poor...

Kerrison on Race-Based Medicalization of Addiction

Erin M Kerrison (University of Pennsylvania - Jerry Lee Center of Criminology) has posted White Claims to Illness and the Race-Based Medicalization of Addiction for Drug-Involved Former Prisoners (Harvard Journal on Racial & Ethnic Justice, Vol. 31, 2015) on SSRN....

"HRW challenges UK surveillance"

From Jurist: Human Rights Watch (HRW) [advocacy website], along with three anonymous individuals,filed a complaint [text, PDF] Monday alleging that the Government Communications Headquarters (GCHQ) is violating their rights by sharing communications with the US National Security Agency (NSA) [official...

Cunneen & Godson on Restorative Justice

Chris Cunneen and Barry Goldson (University of New South Wales (UNSW) - Faculty of Arts and Social Sciences and Faculty of Law and University of Liverpool - Criminology and Social Policy) have posted Restorative Justice? A Critical Analysis (In: B...

Jenks on Law Enforcement Drone Use

Chris Jenks (Southern Methodist University - Dedman School of Law) has posted State Labs of Federalism and Law Enforcement 'Drone' Use (Washington and Lee Law Review, Vol. 72, 2015) on SSRN. Here is the abstract: This article reviews and assesses...

Bowers on Plea Bargaining's Baselines

Josh Bowers (University of Virginia School of Law) has posted Plea Bargaining's Baselines (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: In this symposium essay, I examine the Court’s unwillingness to take seriously the issue of...

"California Legislature Approves Assisted Suicide"

From The New York Times: The California bill is modeled on the law in Oregon, with several notable changes. The California law would expire after 10 years and have to be re-approved, and doctors would have to consult in private...

Bandes on Victims and the Expression of Emotion in Criminal Justice

Susan A. Bandes (DePaul University - College of Law) has posted Share Your Grief But Not Your Anger: Victims and the Expression of Emotion in Criminal Justice (In Emotional Expression: Philosophical, Psychological, and Legal Perspectives, Cambridge University Press (Joel Smith...

"Raymond Kelly, Ex-Police Commissioner, Blames Mayor de Blasio for Rise in Killings"

From The New York Times: Former Police Commissioner Raymond W. Kelly said last week that Mayor Bill de Blasio’s constraints on the stop-and-frisk strategy of the Bloomberg administration was to blame for the uptick in murders in New York City....

Birckhead on The New Peonage

Tamar R. Birckhead (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted The New Peonage (Washington and Lee Law Review, Vol. 72, 2015) on SSRN. Here is the abstract: Although the Thirteenth Amendment to the...

Brodin on the George Zimmerman Trial

Mark S. Brodin (Boston College - Law School) has posted The Murder of Black Males in a World of Non-Accountability: The Surreal Trial of George Zimmermann for the Killing of Trayvon Martin on SSRN. Here is the abstract: A critique...

Bennett on A Juror Bill of Rights

Mark W. Bennett (U.S. District Court (Northern District of Iowa)) has posted Reinvigorating and Enhancing Jury Trials Through an Overdue Juror Bill of Rights: WWJW — What Would Jurors Want? — A Federal Trial Judge's View (Arizona State Law Journal,...

"Justice Dept. to Require Warrants for Some Cellphone Tracking"

From The New York Times: The Justice Department will regularly require federal agents to seek warrants before using secretive equipment that can locate and track cellphones, the agency announced Thursday, the first regulations on an increasingly controversial technology. . ....

Brady and Crime-Stoppers Tips

Colin Miller has this post at EvidenceProfBlog. In part: Under this procedure, CrimeStoppers tip information would be given to the judge to review in camera. If the judge thought that this information contained possible Brady material, he would turn the...

"Court ordered DNA collection permissible solely to exclude persons from an investigation"

FourthAmendment.com links to and excerpts this Ninth Circuit opinion.

"After a Killing, Body Cameras Are Expanded in San Antonio"

From The New York Times: One day after a bystander’s cellphone video was released that appeared to show sheriff’s deputies fatally shooting a Hispanic man who had his hands raised in surrender, officials here voted Tuesday to finance additional body...

"How ambiguous a statute may Congress pass?"

Sasha Volokh has this lengthy post at The Volokh Conspiracy, addressing the question in both civil and criminal contexts, including the Armed Career Criminal Act and the Sherman Act.

"India law commission recommends abolition of death penalty for all non-terrorists"

From Jurist: The Law Commission of India [official website] has recommended [report, PDF] that the death penalty be abolished as a mode of punishment for all crimes except terrorism. This is the first time the Commission has addressed the death...

"Bystander’s Death Shows Risks in Gun-Buy Stings"

From The New York Times: In a dangerous profession, it is among the most dangerous of jobs. The police officers who go undercover to arrest illegal firearms dealers can quickly find themselves at the mercy of their targets, conducting big-money...

"Federal court lifts injunction on NSA phone surveillance program"

The story is at Jurist: The US Court of Appeals for the District of Columbia Circuit [official website] on Fridayreversed [opinion, PDF] a ruling that blocked theNational Security Agency (NSA) [official website] from obtaining call detail records from US citizens....

Freedman on Habeas Corpus as a Legal Remedy

Eric M. Freedman (Hofstra University - Maurice A. Deane School of Law) has posted Habeas Corpus as a Legal Remedy (Northeastern University Law Journal, Vol. 8, 2016) on SSRN. Here is the abstract: This is the second part of a...

Kaye on The Hair Evidence Debacle

David H. Kaye (The Pennsylvania State University Dickinson School of Law) has posted Ultracrepidarianism in Forensic Science: The Hair Evidence Debacle (Washington & Lee Law Review Online, Vol. 72 (2015 Forthcoming)) on SSRN. Here is the abstract: For over 130...

McAdams on Empathy and Masculinity in To Kill a Mockingbird

Richard H. McAdams (University of Chicago Law School) has posted Empathy and Masculinity in Harper Lee's to Kill a Mockingbird (Ch. 13 (pp. 239-261) in American Guy: Masculinity in American Law and Literature, edited by Saul Levmore and Martha C....

"Federal judge halts use of lethal injection drugs in Mississippi"

From Jurist: A judge for the US District Court for the Southern District of Mississippi [official website] issued a temporary restraining order Tuesday blocking the use of two drugs for lethal injections. The order was issued [AP report] in a...

"From the Bench, a New Look at Punishment"

From The New York Times: Through everything from protest movements to bipartisan legislation addressing the high prison population, the nation is in the midst of a searching examination of the criminal-justice system, taking up long-simmering criticisms about race, inequality and...

"California lawmakers approve drone trespassing bills"

The story is at Jurist: California lawmakers on Monday approved two bills intended to regulate drones. The Assembly voted 43-11 in favor of abill [SB 142] that would make it a crime to fly a drone over private property without...

"Maryland Restricts Racial Profiling in New Guidelines for Law Enforcement"

From The New York Times: BALTIMORE — Eight months after the Justice Department announced new curbs on racial profiling, Maryland became on Tuesday the first state to follow suit, with guidelines aimed at severely restricting law enforcement officers from singling...

"In Rare Case, F.B.I. Tries to Fire Agent Who Shot Queens Suspect"

From The New York Times: WASHINGTON — For the first time in decades, the F.B.I. is trying to fire an agent for intentionally shooting a suspect, after finding that the agent violated bureau policy when he wounded an unarmed man...

"A different take on the Second Circuit’s Microsoft warrant case"

Orin Kerr has this post at The Volokh Conspiracy. In part: Microsoft is challenging a federal search warrant for e-mails that Microsoft has stored on a server in Ireland. According to Microsoft’s brief, the issue is whether the Stored Communications...

Criminal law position at Richmond Law

Corinna Barrett Lain reports: Richmond Law is looking to hire a criminal law professor whose focus is criminal adjudication (bail to jail). We’d love to get someone who has actually practiced criminal law (on either side), and demonstrated scholarly potential...

Entry level criminal law position at Richmond Law

Corinna Barrett Lain reports: Richmond Law is looking to hire a criminal law professor whose focus is criminal adjudication (bail to jail). We’d love to get someone who has actually practiced criminal law (on either side), and demonstrated scholarly potential...

Gajiev on Griffin v. California

Zaur D. Gajiev has posted Turmoil Surrounding the Self-Incrimination Clause: Why the Constitution Does Not Forbid Your Silence From Speaking Volumes (Faulkner Law Review, Vol. 6, 2015. Pages 231-81) on SSRN. Here is the abstract: This Article explores the detrimental...

Khan on Excluding Expectant Mothers from Prosecution for HIV Exposure

Shahabudeen Karamat Khan (Nova Southeastern University, Shepard Broad College of Law) has posted The Threat Lives on: How to Exclude Expectant Mothers from Prosecution for Mere Exposure of HIV to Their Fetuses and Infants (Cleveland State Law Review, Vol. 63,...

Abrams & Garrett on Cumulative Constitutional Rights

Kerry Abrams and Brandon L. Garrett (University of Virginia School of Law and University of Virginia School of Law) have posted Cumulative Constitutional Rights on SSRN. Here is the abstract: Cumulative constitutional rights are ubiquitous. Plaintiffs litigate multiple constitutional violations,...

Johnson & Gilden on The Cannibal Cop

Thea Johnson and Andrew Gilden have posted Common Sense and the Cannibal Cop (11 Stanford Journal of Civil Rights and Civil Liberties 313 (2015)) on SSRN. Here is the abstract: The Internet has created unprecedented opportunities for individuals to explore...

"Charlotte Officer Argues That Shooting Black Man at Door Was Self-Defense"

From The New York Times: CHARLOTTE, N.C. — The lawyer for a white Charlotte police officer charged with voluntary manslaughter concluded his defense on Tuesday by shifting accusations onto the black former college football player who died in the 2013...

"U.S. Budgets Cash to Treat Heroin Abuse in Northeast"

The story is in The New York Times. In part: The Office of National Drug Control Policy said it would spend $2.5 million to hire public safety and public health coordinators in five areas in an attempt to focus on...

"US government challenges Idaho ordinance that criminalizes sleeping in public by the homeless"

From Jurist: Last week the US Department of Justice [official website] challenged[complaint, PDF] the constitutionality of a Boise, Idaho city ordinance that criminalizes sleeping in public places by the homeless. The federal government's argument[Washington Post report] relies on the fact...

"Computer searches and the problem of withdrawn consent"

Orin Kerr has this post at The Volokh Conspiracy. In part: Computer searches usually happen in two stages. Agents take the computer, make a mirror image copy of its hard drive on a government storage device, and then search the...

"Illinois governor signs police body camera bill into law"

From Jurist: Illinois Governor Bruce Rauner [official website] on Wednesday signed into law the bill known as SB 1304 [materials] which includes the Law Enforcement Body Worn Camera Act, establishing sweeping regulations for police officers' use of body cameras while...

Levine on Judicial Rhetoric and Lawyers' Roles

Samuel J. Levine (Touro College - Jacob D. Fuchsberg Law Center) has posted Judicial Rhetoric and Lawyers' Roles (90 Notre Dame L. Rev. 1989 (2015)) on SSRN. Here is the abstract: Notwithstanding the rich scholarly literature debating the proper roles...

Treyger on Collateral Incentives to Arrest

Elina Treyger (George Mason University School of Law) has posted Collateral Incentives to Arrest (Kansas Law Review, Vol. 63, No. 3, pp. 557-631, 2015) on SSRN. Here is the abstract: In the 1960s, criminal procedure experts such as Wayne LaFave...

Garrett on Convicting the Innocent Redux

Brandon L. Garrett (University of Virginia School of Law) has posted Convicting the Innocent Redux (D. Medwed, Ed., Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Cambridge University Press, Forthcoming)) on SSRN. Here is the abstract:...

Zhong on Remorse in Criminal Law

Rocksheng Zhong , Madelon Baranoski , Neal Feigenson , Larry Davidson , Alec Buchanan andHoward Zonana (University of Pennsylvania , Yale University , Quinnipiac University - School of Law , Yale University , Yale University and Yale University) have posted...

Marder on Social Media and Fair Trials

Nancy S. Marder (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Jurors and Social Media: Is a Fair Trial Still Possible? (67 Southern Methodist University Law Review 617 (2014)) on SSRN. Here is the abstract: Slowly but...

Marder & Hans on Juries and Lay Participation

Nancy S. Marder and Valerie P. Hans (Illinois Institute of Technology - Chicago-Kent College of Law and Cornell University - School of Law) have posted Introduction to Juries and Lay Participation: American Perspectives and Global Trends (90 Chicago-Kent Law Review...

Schehr on The Unconstitutionality of Plea Bargaining

Robert Schehr (Northern Arizona University) has posted The Emperor's New Clothes: Intellectual Dishonesty and the Unconstitutionality of Plea-Bargaining on SSRN. Here is the abstract: United States Supreme Court and jurisprudential rationalizations for the constitutionality, centrality, and finality of plea-bargaining signify...

Mazza, Lederman & Johnson on Surcharges and Penalties in Tax Law

Stephen W. Mazza , Leandra Lederman and Steve R. Johnson (University of Kansas - School of Law , Indiana University Maurer School of Law and Florida State University - College of Law) have posted Surcharges and Penalties in Tax Law:...

Caldwell on Miller v. Alabama as a Watershed Procedural Rule

Beth Caldwell (Southwestern Law School) has posted Miller v. Alabama as a Watershed Procedural Rule: The Case for Retroactivity (Harvard Law & Policy Review, Vol. 9, 2015) on SSRN. Here is the abstract: Three years ago, in Miller v. Alabama,...

Litton on Execution Protocol Reform

Paul Litton (University of Missouri School of Law) has posted On the Argument That Execution Protocol Reform is Biomedical Research (90 Washington L. Rev. Online 87 (2015)) on SSRN. Here is the abstract: Regardless of whether the Supreme Court rightly...

Gershowitz on Cell Phone Searches

Adam M. Gershowitz (William & Mary Law School) has posted The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches on SSRN. Here is the abstract: Last year, in Riley v. California, the Supreme Court required police to...

Kahan on Emotion in Criminal Law

Dan M. Kahan (Yale University - Law School) has posted Two Conceptions of Two Conceptions of Emotion in Criminal Law: An Essay Inspired by Bill Stuntz (prepublication draft of Kahan, D. M. (2011). Two Conceptions of Two Conceptions of Emotion...

Kerr on An Economic Understanding of Search and Seizure Law

Orin S. Kerr (The George Washington University Law School) has posted An Economic Understanding of Search and Seizure Law (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: This article uses economic concepts to understand the function...

Dervan on White Collar Sentencing

Lucian E. Dervan (Southern Illinois University School of Law) has posted Sentencing the Wolf of Wall Street: From Leniency to Uncertainty (Wayne Law Review, Vol. 61, No. 1, 2015) on SSRN. Here is the abstract: This Symposium Article, based on...

Weisburd et al. on Problem-Oriented Policing

David L. Weisburd , Cody W. Telep , Joshua C. Hinkle and John E. Eck (Hebrew University of Jerusalem , George Mason University , University of Maryland and University of Cincinnati) have posted Is Problem-Oriented Policing Effective in Reducing Crime...

Ewing et al. on The Criminalization of Immigration

Walter A. Ewing , Daniel E. Martinez and Rubén G. Rumbaut (American Immigration Council , George Washington University - Department of Sociology and University of California, Irvine - Department of Sociology) have posted The Criminalization of Immigration in the United...

Seidman on Substitute Arguments in Constitutional Law

Louis Michael Seidman (Georgetown University Law Center) has posted Substitute Arguments in Constitutional Law on SSRN. Here is the abstract: In this article, I argue that that substitution is crucial to our practice of constitutional law. Of course, if one...

Corn on Encrypted Data

Geoffrey S. Corn (South Texas College of Law) has posted Averting the Inherent Dangers of 'Going Dark': Why Congress Must Require a Locked Front Door to Encrypted Data on SSRN. Here is the abstract: "Going dark" refers to the current...

Tashbook on Living in a Vehicle

Linda Tashbook (University of Pittsburgh School of Law) has posted Living in a Vehicle (JURIST - Academic Commentary, June 26, 2014) on SSRN. Here is the abstract: Nothing offends constitutional sensibilities quite like a local ordinance that sets police against...

Ferzan on Moore on Self Defense

Kimberly Kessler Ferzan (University of Virginia, School of Law) has posted Self Defense: Tell Me Moore (Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore (Kimberly Kessler Ferzan and Stephen J. Morse eds., Oxford University Press), Forthcoming) on...

Lazaro on Criminal Financial Abuse of the Elderly

Christine Lazaro (St. John's University - School of Law) has posted Financial Abuse of the Elderly (PIABA 21st Annual Meeting Materials) on SSRN. Here is the abstract: As of 2010, more than 10 percent of the population is aged 65...

Weisburd & Telep on Place-Based Policing

David L. Weisburd and Cody W. Telep (Hebrew University of Jerusalem and George Mason University) have posted The Efficiency of Place-Based Policing on SSRN. Here is the abstract: In this chapter we argue that place based policing is not only...

Solan & Dahmen on Legal Indeterminacy in the Spoken Word

Lawrence M. Solan and Silvia Dahmen (Brooklyn Law School and University of Cologne) have posted Legal Indeterminacy in the Spoken Word on SSRN. Here is the abstract: A great deal is written about difficulties in construing legal texts. Much less...

Heyman on Proportionality and Accomplice Liability

Michael Heyman (The John Marshall Law School) has posted Losing All Sense of Proportion: The Peculiar Law of Accomplice Liability (St. John's Law Review , Vol. 87, p. 129, Winter 2013) on SSRN. Here is the abstract: A teenage boy...

Goodmark et al. on Gender Violence

Leigh Goodmark , Juanita Flores , Julie Goldscheid , Andrea Ritchie and SpearIt (University of Maryland Francis King Carey School of Law , Independent , CUNY School of Law , Independent and Texas Southern University - Thurgood Marshall School of...

SpearIt on Financial Obligations Beyond Sentence

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Shackles Beyond the Sentence: How Legal Financial Obligations Create a Permanent Underclass (1 Impact 46 (2015)) on SSRN. Here is the abstract: This essay argues that legal financial...

Eck & Weisburd on Crime Places in Crime Theory

John E. Eck and David L. Weisburd (University of Cincinnati and Hebrew University of Jerusalem) have posted Crime Places in Crime Theory (Crime and Place: Crime Prevention Studies, 4 (pp. 1-33)) on SSRN. Here is the abstract: Criminologists and crime...

Meyn on The Lightness of the Prosecutor's Burden

Ion Meyn (University of Wisconsin Law School) has posted The Lightness of the Prosecutor's Burden on SSRN. Here is the abstract: Given a prosecutor’s demanding burden of proof, most people believe the prosecutor has a tougher time winning a case...

Smith & Vasquez on Crime and Vigilance

Lones Smith and Jorge Vásquez (University of Wisconsin at Madison - Department of Economics and University of Wisconsin at Madison - Department of Economics) have posted Crime and Vigilance on SSRN. Here is the abstract: This paper develops a novel...

Gruber on Distributional Analysis in Critical Criminal Law Theorizing

Aya Gruber (University of Colorado Law School) has posted When Theory Met Practice: Distributional Analysis in Critical Criminal Law Theorizing (Fordham Law Review, Vol. 83, No. 3211, 2015) on SSRN. Here is the abstract: Progressive (critical race and feminist) theorizing...

Gilbert, Guinn & Reppucci on Race, Socioeconomic Status, and Blame

Elizabeth A Gilbert , Alexander D. Guinn and Dick Reppucci (University of Virginia , University of Virginia and University of Virginia (UVA) - Psychology) have posted Race and SES Interact to Influence Blame Judgments on SSRN. Here is the abstract:...

Kugler & Strahilevitz on Surveillance Duration and Privacy Expectations

Matthew B. Kugler and Lior Strahilevitz (University of Chicago - Law School and University of Chicago Law School) have posted Surveillance Duration Doesn't Affect Privacy Expectations: An Empirical Test of the Mosaic Theory on SSRN. Here is the abstract: In...

Podgor & Dervan on Categorizing White Collar Crime

Ellen S. Podgor and Lucian E. Dervan (Stetson University College of Law and Southern Illinois University School of Law) have posted 'White Collar Crime': Still Hazy After All These Years (Georgia Law Review, Vol. 50, No. 3, 2016 Forthcoming) on...

Boni-Saenz on Sexuality and Incapacity

Alexander A. Boni-Saenz (Chicago-Kent College of Law) has posted Sexuality and Incapacity (Ohio State Law Journal, Vol. 76, 2015, Forthcoming) on SSRN. Here is the abstract: Sexual incapacity doctrines are perhaps the most important form of sexual regulation, as they...

Sherrin on Earwitness Evidence

Christopher Sherrin (University of Western Ontario Faculty of Law) has posted Earwitness Evidence: The Reliability of Voice Identifications (Osgoode Hall Law Journal, Vol. 52(3), 2015, Forthcoming) on SSRN. Here is the abstract: This article discusses the reliability of non-expert voice...

Dusek on Simpler Criminal Procedure

Libor Dusek (University of Economics in Prague) has posted The Effects of a Simpler Criminal Procedure on Criminal Case Outcomes: Evidence from Czech District-Level Data on SSRN. Here is the abstract: The paper estimates the effects of a simpler criminal...

Parness on Illinois Crime Victim Restitution

Jeffrey A. Parness (Northern Illinois University - College of Law) has posted The New Illinois Constitutional Crime Victim Restitution Right: A Revolutionary Amendment? (27 DCBA Brief 26 (July 2015)) on SSRN. Here is the abstract: Before 1992, any crime victim...

Yin on Congressional Violations of Taxpayer Privacy

George K. Yin (University of Virginia School of Law) has posted Preventing Congressional Violations of Taxpayer Privacy (Tax Lawyer, Forthcoming) on SSRN. Here is the abstract: This article claims that the U.S. House Ways & Means Committee violated the law...

Sosnov on Brady Rights and Remedies

Leonard Sosnov (Widener University - School of Law) has posted Brady Reconstructed: An Overdue Expansion of Rights and Remedies (New Mexico Law Review, Vol. 45, No. 1, 2014) on SSRN. Here is the abstract: Over fifty years ago, the Supreme...

Alkon on Defense Discovery in Plea Bargaining

Cynthia Alkon (Texas A&M University School of Law) has posted The Right to Defense Discovery in Plea Bargaining Fifty Years After Brady v. Maryland (New York University Review of Law & Social Change, Vol. 38, No. 407, 2014) on SSRN....

Kerr on Use Restrictions on Nonresponsive Data

Orin S. Kerr (The George Washington University Law School) has posted Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data (Texas Tech Law Review (Forthcoming)) on SSRN. Here is the abstract: This article considers how the...

Rothstein on Confrontation and Opinion Writing

Paul F. Rothstein (Georgetown University Law Center) has posted two pieces on SSRN. The first is A Comment on the Supreme Court's Decision in Ohio v. Clark: The Court's Confrontation Clause Jurisprudence Evolves. Here is the abstract: In Ohio v....

Tubex on Contemporary Penal Policies

Hilde Tubex (University of Western Australia - Faculty of Law) has posted Contemporary Penal Policies (Oxford Handbooks Online (Oxford University Press, 2014)) on SSRN. Here is the abstract: This article provides an overview of the literature leading comparative penological research....

Clark on Cell Phone Searches

William Clark has posted Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment's Particularity Requirement, and Search Protocols for Cell Phone Search Warrants (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: In 2014, in...

Campbell & Walker on Pathological Error

Kathryn M. Campbell and Clive Walker (University of Ottawa and University of Leeds - Centre for Criminal Justice Studies (CCJS)) have posted Pathological Error: Reacting to the Limits of Expertise in Legal Process (Law & Justice Review, Year III, Issue...

Kitchen on Mothers, the State, and Domestic Violence

Rona Kaufman Kitchen (Duquesne University - School of Law) has posted Constrained Choice: Mothers, The State, and Domestic Violence (Temple Political & Civil Rights Law Review, Vol. 24, No. 4, 2015) on SSRN. Here is the abstract: Mothers who are...

Duff on Legal Reasoning, Good Citizens, and the Criminal Law

R. A. Duff (University of Minnesota Law School) has posted Legal Reasoning, Good Citizens, and the Criminal Law on SSRN. Here is the abstract: As part of a larger project on the various roles that citizens of a democratic polity...

"MIT report: Government encryption access poses security risk"

From Jurist: A group of leading computer scientists at theComputer Science and Artificial Intelligence Laboratory at MIT[academic website] on Monday published a paper[text, PDF; press release] criticizing the US and UK governments for seeking the redesign of internet systems to...

"Gun-Shaped iPhone Case ‘Is a Terrible Idea,’ Police Officials Warn"

From The New York Times: In what appeared to be the first remarks on the issue by a federal legislator, Senator Chuck Schumer said Tuesday that sales of the cases might be illegal and urged online retailers, including Amazon and...

"HRW to US: Adopt new criminal justice reform bill"

Jurist has the story. In part: Human Rights Watch (HRW) [advocacy website] on Thursday said that the SAFE Justice Act, a US criminal justice reform bill introduced in June, could better protect prisoners' rights and increase fairness in federal prison...

Ridley on Police Officers as Gang Sociology Experts

Magdalena Ridley has posted Down by Law: Police Officers as Gang Sociology Experts (Criminal Law Bulletin, Vol. 52, Issue 4, 2016, Forthcoming) on SSRN. Here is the abstract: Are police officers experts in sociology? In California gang trials, they are....

Herr & Romanosky on Cyber Crime

Trey Herr and Sasha Romanosky (George Washington University - Department of Political Science and Carnegie Mellon University - Heinz College of Information Systems and Public Policy) have posted Cyber Crime: Security Under Scarce Resources (American Foreign Policy Council Defense Technology...

Duff & Marshall on "Remote Harms," "Abstract Endangerment," and the Two Harm Principles

R. A. Duff and S. E. Marshall (University of Minnesota Law School and Independent) have posted 'Remote Harms', 'Abstract Endangerment', and the Two Harm Principles (Liberal Criminal Theory: Essays for Andreas von Hirsch, A. P. Simester, et al (eds), Oxford:...

"Court rules NSA may temporarily resume metadata collection"

The story is at Jurist: The Foreign Intelligence Surveillance Court [official website]ruled [opinion, PDF] Monday that the National Security Agency(NSA) [official website] may temporarily resume its program of systematically collecting Americans' phone data in bulk. The program lapsed on June...

States Snub Execution Drug Approved by Supreme Court

The story is in The New York Times. In part: Experts in lethal-injection law said some states were reluctant to turn to the drug in part because of its involvement in high-profile executions last year in Oklahoma, Ohio and Arizona...

"Second Circuit grants rehearing in Ganias computer search and seizure case"

Orin Kerr has this post at The Volokh Conspiracy. In part: Big news in the field of computer search and seizure today: The Second Circuit has granted rehearing in the full case of United States v. Ganias, the blockbuster case...

"Will New Bipartisan Criminal Justice Reform Plan Fly?"

Doug Berman at Sentencing Law & Policy excerpts this article by Ted Gest at Crime Report. In part: As support for criminal justice reform has spread, many states have left the federal government behind when it comes to reducing their...

"Long Taught to Use Force, Police Warily Learn to De-escalate"

From The New York Times: Across the country, police departments from Seattle to New York and Dallas to Salt Lake City are rethinking notions of policing that have held sway for 40 years, making major changes to how officers are...

Azmat on Mistake of Law

Ahson Azmat has posted What Mistake of Law Just Might Be: Legal Moralism, Liberal Positivism, and the Mistake of Law Doctrine (18 New. Crim. L. Rev. 3 (2015)) on SSRN. Here is the abstract: This Article examines and evaluates a...

"Google eavesdropping tool installed on computers without permission"

FourthAmendment.com links to this article in The Guardian. In part: Privacy campaigners and open source developers are up in arms over the secret installing of Google software which is capable of listening in on conversations held in front of a...

"Ignorance of the law is no excuse — or is it?"

Orin Kerr has this post at The Volokh Conspiracy discussing the Supreme Court's recent analogue drug case. In part: The more the element is the core of the crime, the more it seems like the norm that ignorance of the...

Mayer & Patti on Morality and Criminal Justice Reform

Seth Mayer and Italia Patti (Auburn University and West Virginia University College of Law) have posted Beyond the Numbers: Toward a Moral Vision for Criminal Justice Reform (Drake Law Review Discourse, Forthcoming) on SSRN. Here is the abstract: The diverse...

Sargeant on Corporate Manslaughter

Christopher Sargeant has posted 'Two Steps Forward, One Step Back' - The Cautionary Tale of the Corporate Manslaughter and Corporate Homicide Act 2007 (1 UK L. Students' Rev. 1 2012-2013, 14 Seoul National University Public Interest and Human Rights Law...

Schulhofer on An International Right to Privacy

Stephen Schulhofer (New York University School of Law) has posted An International Right to Privacy? Be Careful What You Wish For on SSRN. Here is the abstract: Nations now have unprecedented capacity to spy on global communication, and yet they...

Elvy on Spousal Rape

Stacy-Ann Elvy (New York Law School) has posted A Postcolonial Theory of Spousal Rape: The Caribbean and Beyond (Michigan Journal of Gender & Law, Vol. 22, No. 1, 2015) on SSRN. Here is the abstract: Many postcolonial states in the...

Roberts on Expunging America's Rap Sheet

Jenny Roberts (American University, Washington College of Law) has posted Expunging America's Rap Sheet in the Information Age (Wisconsin Law Review, Vol. 2, No. 321, 2015) on SSRN. Here is the abstract: As the Wall Street Journal recently put it,...

Ellman & Ellman on The Court's Sex Crime Statistics

Ira Mark Ellman and Tara Ellman (Arizona State University College of Law and Independent) have posted 'Frightening and High': The Frightening Sloppiness of the High Court's Sex Crime Statistics on SSRN. Here is the abstract: This brief essay reveals that...

Hofer on Ranking Drug Harms

Paul Jeffrey Hofer (Sentencing Resource Counsel Project) has posted Ranking Drug Harms for Sentencing Policy on SSRN. Here is the abstract: Unidimensional rankings comparing the harmfulness of different drugs have been criticized as too simplistic for policy making. A type...

Agan & Prescott on Sex Offender Law and the Geography of Victimization

Amanda Y. Agan and J.J. Prescott (Princeton University - Department of Economics and University of Michigan Law School) have posted Sex Offender Law and the Geography of Victimization (Journal of Empirical Legal Studies Vol. 11, No 4, December 2014) on...

MacDonald et al. on Police Surges

John MacDonald , Jeffrey Fagan and Amanda Geller (University of Pennsylvania - Jerry Lee Center of Criminology , Columbia Law School and NYU Department of Sociology) have posted The Effects of Local Police Surges on Crime and Arrests in New...

Vasiu & Vasiu on Credit Card Fraud

Ioana Vasiu and Lucian Vasiu (Babes-Bolyai University - Faculty of Law and Independent) have posted Riders on the Storm: An Analysis of Credit Card Fraud Cases (Suffolk Journal of Trial & Appellate Advocacy, Vol. XX, pp. 184-217, 2015) on SSRN....

Bartlett et al. on Crimes Caused by Prescription Drugs

Francesca Bartlett , Wayne Hall and Adrian Carter (The University of Queensland - T.C. Beirne School of Law , University of Queensland, Australia and The University of Queensland - T.C. Beirne School of Law) have posted Case and Comment. Tasmania...

Love on the MPC's Provisions on Collateral Consequences in the Sentencing Process

Margaret Colgate Love has posted Managing Collateral Consequences in the Sentencing Process: The Revised Sentencing Articles of the Model Penal Code (Wisconsin Law Review, p. 247, 2015) on SSRN. Here is the abstract: The debased legal status that results from...

Setty on Terrorism and Crime

Sudha Setty (Western New England University School of Law) has posted Assessing Unconventional Applications of the 'Terrorism' Label (Forthcoming in The War on Terror & Beyond: Moving from Military Action to Civil Rights, Satvinder Juss and Clive Walker, eds. (Univ....

Taeuber on Implementing Padilla

Stacy Taeuber (University of Wisconsin Law School) has posted Realizing the Promise of Padilla Through a Law School/Public Defender Collaboration (Wisconsin Law Review, p. 339, 2015) on SSRN. Here is the abstract: The Supreme Court's 2010 decision in Padilla v....

Strutin on DNA Without Warrant

Ken Strutin has posted DNA Without Warrant: Decoding Privacy, Probable Cause and Personhood (Richmond Journal of Law and Public Interest, Vol. 18, No. 3, p. 319, 2015) on SSRN. Here is the abstract: An arrest is not a medical procedure...

Chen & Nomura on Racial and Ethnic Sentencing Disparities

Elsa Y. Chen and Kevin Nomura (Santa Clara University and University of Michigan Law School) has posted And Justice for All? Racial and Ethnic Sentencing Disparities in California's Federal Drug Sentencing (California Journal of Politics and Policy, Volume 7, Number...

Murphy on Authorized Crimes

Brendon Murphy (University of the Sunshine Coast - School of Law) has posted Retrospective on Ridgeway: Governing Principles of Controlled Operations (38(1) Criminal Law Journal 38) on SSRN. Here is the abstract: In Australian law there are few law enforcement...

Berry on Implementing Just Mercy

William W. Berry III (University of Mississippi School of Law) has posted Implementing Just Mercy (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: This book review essay explores the connection between Bryan Stevenson's recent book, "Just Mercy: A...

Schulhofer on Client Choice for Indigents

Stephen Schulhofer (New York University School of Law) has posted Client Choice for Indigent Criminal Defendants: Theory and Implementation (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: With rare exceptions, existing systems for effectuating the...

Arlen on Pretrial Diversion Agreements and the Rule of Law

Jennifer Arlen (New York University School of Law) has posted Prosecuting Beyond the Rule of Law: Corporate Mandates Imposed Through Pretrial Diversion Agreements on SSRN. Here is the abstract: U.S. corporate criminal enforcement policy encourages prosecutors to substitute pretrial diversion...

Abramson on Jury Democracy

Jeffrey Abramson (University of Texas at Austin) has posted Four Models of Jury Democracy (Chicago-Kent Law Review, Vol. 90, No. 3, 2015) on SSRN. Here is the abstract: This article proposes a theory of “representative deliberation” to describe the democratic...

SpearIt on Downsizing Imprisonment

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Economic Interest Convergence in Downsizing Imprisonment (University of Pittsburgh Law Review, Vol. 25, 2014) on SSRN. Here is the abstract: This Essay employs a variation of the “interest...

Schlanger on Solitary Confinement

Margo Schlanger (University of Michigan Law School) has posted Against Solitary Confinement: Jonah's Redemption and Our Need for Mercy (Rutgers Journal of Law and Religion, Vol. 16, 345, 2015) on SSRN. Here is the abstract: This is an exercise in...

Laguardia on Torture and the Criminal Law

Francesca Laguardia (Montclair State University) has posted Imagining the Unimaginable: Torture and the Criminal Law (Columbia Human Rights Law Review, Vol. 46, No. 3, 2015) on SSRN. Here is the abstract: This article examines use of torture by the U.S....

Opinion requiring more than negligence to punish for threat

The Chief Justice delivered the opinion of the Court in Elonis v. United States on statutory grounds. Justice Alito concurred in part and dissented in part. Justice Thomas dissented.

Roe-Sepowitz et al. on Victim's Experiences of Domestic Violence and Sex Trafficking

Dominique Roe-Sepowitz , Kristine E. Hickle , Jaime Dahlstedt and James Gallagher (Arizona State University (ASU) - ASU School of Social Work , University of Sussex , Arizona State University (ASU) - Sandra Day O'Connor College of Law and City...

Walsh on FISA and the Fourth Amendment

Patrick Walsh has posted Stepping on (or Over) the Constitution’s Line: Evaluating FISA Section 702 in a World of Changing 'Reasonableness' Under the Fourth Amendment (New York University Journal of Legislation and Public Policy, Forthcoming) on SSRN. Here is the...

Bandes on Civil Liberties and Jewish Culture

Susan A. Bandes (DePaul University - College of Law) has posted Civil Liberties and the 'Imaginative Sustenance' of Jewish Culture (16 Rutgers Journal of Law and Religion 238 (2015)) on SSRN. Here is the abstract: This short essay is included...

Rubin on Prison Diffusion

Ashley T. Rubin (Florida State University - School of Criminology and Criminal Justice) has posted A Neo-Institutional Account of Prison Diffusion (Law & Society Review, Vol. 49:2, pp. 365-400, 2015) on SSRN. Here is the abstract: Interest in legal innovations,...

Karmel on The Need for a Definition of Insider Trading

Roberta S. Karmel (Brooklyn Law School) has posted The Law on Insider Trading Lacks Needed Definition (Southern Methodist University Law Review, Forthcoming) on SSRN. Here is the abstract: Insider trading is not defined in the federal securities laws but is...

Huddleston on Federal Sentencing Error as Loss of Chance

Kate Huddleston has posted Federal Sentencing Error as Loss of Chance (Yale Law Journal, Vol. 124, p. 2663, 2015) on SSRN. Here is the abstract: Federal courts have taken the wrong approach to discussing sentencing error. Circuit court opinions in...

Hodgson & Cape on EU Right of Access to Lawyer at Police Stations

Jacqueline Hodgson and Edward Cape (University of Warwick - School of Law and University of the West of England (UWE) - Bristol Law School) have posted The Right to Access to a Lawyer at Police Stations: Making the European Union...

Bagenstos on The Stealth Assault on Civil Rights

Samuel R. Bagenstos (University of Michigan Law School) has posted Who is Responsible for the Stealth Assault on Civil Rights? (Michigan Law Review, Vol. 114, 2016 Forthcoming) on SSRN. Here is the abstract: Although every practicing lawyer intuitively knows that...

White on False Science in Police Interrogations

Catherine E White has posted Comment: 'I Did Not Hurt Him...This Is a Nightmare': The Introduction of False, But Not Fabricated, Forensic Science in Police Interrogations (Wisconsin Law Review, Forthcoming) on SSRN. Here is the abstract: Junk sciences, such as...

Fahey on Transatlantic Cooperation in Criminal Law

Elaine Fahey (City University London - City Law School) has posted Transatlantic Cooperation in Criminal Law (M. Bergström, V. Mitsilegas and T. Konstadinides (eds) Research Handbook on EU Criminal law (Edward Elgar, 2015)) on SSRN. Here is the abstract: The...

Weitzer on Researching Prostitution and Sex Trafficking Comparatively

Ronald Weitzer (George Washington University) has posted Researching Prostitution and Sex Trafficking Comparatively (SEXUALITY RESEARCH & SOCIAL POLICY, v. 12 (2015)) on SSRN. Here is the abstract: This article examines different types of comparative research designs as applied to either...

Berger on Sentencing, Pain, and Hope

Benjamin L. Berger (York University - Osgoode Hall Law School) has posted Sentencing and the Salience of Pain and Hope (Supreme Court Law Review (2d), Forthcoming, in Dwight Newman & Malcolm Thorburn, eds, The Dignity of Law: The Legacy of...

Enoch & Fisher on Statistical Evidence

David Enoch and Talia Fisher (Hebrew University - The Philosophy Department and the Law School and Tel Aviv University - Buchmann Faculty of Law) has posted Sense and 'Sensitivity': Epistemic and Instrumental Approaches to Statistical Evidence (Stanford Law Review, Vol....

Enoch on Yaffe on Attempts

David Enoch (Hebrew University - The Philosophy Department and the Law School) has posted A Comment on Yaffe's Attempts on SSRN.

Epstein on The NAS and the Courts

Jules Epstein (Widener University - School of Law) has posted The NAS and the Courts: A Three-Year Perspective (Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, monograph no. 9) on SSRN. Here is the abstract: The...

Johnson on The Blackstone Principle

Joel S. Johnson has posted Benefits of Error: A Dynamic Defense of the Blackstone Principle in Criminal Law (Virginia Law Review, Vol. 102, 2016, Forthcoming) on SSRN. Here is the abstract: William Blackstone wrote, "[B]etter that ten guilty persons escape,...

Johnson on Voir Dire on Criminal Justice Rules

Vida B. Johnson (Georgetown University Law Center) has posted Presumed Fair? Voir Dire on the Fundamentals of Our Criminal Justice System (Seton Hall Law Review, Vol. 45, No. 2, 2015) on SSRN. Here is the abstract: The American criminal justice...

Guiora on Criminalizing Polygamy

Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted No Excuses: Protecting the Vulnerable after Brown v. Buhman (35 N. Ill. U. L. Rev. 317 (2015)) on SSRN. Here is the abstract: This Article responds...

Ortiz, Dick & Rankin on Criminalizing Homelessness

Javier Ortiz , Matthew Dick and Sara Rankin (Seattle University School of Law , Seattle University School of Law and Seattle University School of Law) have posted The Wrong Side of History: A Comparison of Modern and Historical Criminalization Laws...

Hessick & Berman on A Theory of Mitigation

Carissa Byrne Hessick and Douglas A. Berman (University of Utah - S.J. Quinney College of Law and Ohio State University (OSU) - Michael E. Moritz College of Law) have posted Towards a Theory of Mitigation (Boston University Law Review, Vol....

Parkinson on Endogenous Deterrence Costs

Alex Parkinson has posted Endogenous Deterrence Costs on SSRN. Here is the abstract: There is an optimal rate at which actors that indisputably break the law will be detected, prosecuted, and punished. Legal regimes optimize deterrence by calibrating three inputs:...

Kolber on The Limited Right to Alter Memory

Adam J. Kolber (Brooklyn Law School) has posted The Limited Right to Alter Memory (Journal of Medical Ethics, vol. 40, p. 658 (2014)) on SSRN. Here is the abstract: We like to think we own our memories: if technology someday...

Dancig-Rosenberg & Bendor on Unconstitutional Criminalization

Hadar Dancig-Rosenberg and Ariel L. Bendor (Bar-Ilan University - Faculty of Law and Bar-Ilan University - Faculty of Law) have posted Unconstitutional Criminalization on SSRN. Here is the abstract: May criminalization constitute a violation of a constitutional right? This question...

Cooper on Racial Profiling and Vulnerability Theory

Frank Rudy Cooper (Suffolk University Law School) has posted Always Already Suspect: Revising Vulnerability Theory (North Carolina Law Review, Vol. 93, p. 1339, 2015) on SSRN. Here is the abstract: Martha Fineman proposes a post-identity “vulnerability” approach that focuses on...

Brooks on Involuntary Intoxication

Thom Brooks (Durham University) has posted Involuntary Intoxication: A New Six-Step Procedure (Journal of Criminal Law 79(2): 138-146) on SSRN. Here is the abstract: Involuntary intoxication is often misunderstood. The predominant 'orthodox' view is that involuntary intoxication should lead to...

Hertogh on Legitimacy and Compliance

Marc Hertogh (University of Groningen - Faculty of Law) has posted What Moves Joe Driver? How Perceptions of Legitimacy Shape Regulatory Compliance Among Dutch Traffic Offenders (International Journal of Law, Crime and Justice, Vol. 43, No. 2, 2015 (Forthcoming)) on...

Spencer on Aggregation and the Fourth Amendment

Shaun B. Spencer (University of Massachusetts School of Law - Dartmouth) has posted The Aggregation Principle and the Future of Fourth Amendment Jurisprudence (41 New England Journal on Criminal and Civil Confinement 289 (2015)) on SSRN. Here is the abstract:...

Rothstein on The Doctrine of Chances

Paul F. Rothstein (Georgetown University Law Center) has posted Comment: The Doctrine of Chances, Brides of the Bath and a Reply to Sean Sullivan (Law Probability & Risk, Vol. 14, pp. 51-66, 2015) on SSRN. Here is the abstract: The...

Dennis on Teaching "The Wire"

Andrea Dennis (University of Georgia Law School) has posted Teaching The Wire: Crime, Evidence and Kids (64 J. LEGAL EDUC. 111 (2014)) on SSRN. Here is the abstract: I have a confession: I have only watched Season 1 of The...

Fondacaro et al. on Rehabilitation

Mark R. Fondacaro, J.D., Ph.D. , Stephen Koppel , Megan O'Toole and Joanne Crain (John Jay College - CUNY , CUNY, John Jay College of Criminal Justice , CUNY, John Jay College of Criminal Justice and CUNY, John Jay College...

Carroll on Brain Science and Juvenile Mens Rea

Jenny E. Carroll (University of Alabama - School of Law) has posted Brain Science and the Theory of Juvenile Mens Rea (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract: The law has long recognized the distinction between...

Doleac & Sanders on How Ambient Light Influences Criminal Activity

Jennifer L. Doleac and Nicholas J. Sanders (University of Virginia (UVA) - Frank Batten School of Leadership and Public Policy and College of William and Mary) have posted Under the Cover of Darkness: How Ambient Light Influences Criminal Activity on...

Lurie, Schuster & Rankin on Criminalizing Homelessness

Kaya Lurie , Breanne Schuster and Sara Rankin (Seattle University School of Law , Seattle University School of Law and Seattle University School of Law) have posted Discrimination at the Margins: The Intersectionality of Homelessness & Other Marginalized Groups on...

Dennis & Jordan on Battered Women Who Commit Crimes

Andrea Dennis and Carol E. Jordan (University of Georgia Law School and University of Kentucky) have posted Encouraging Victims: Responding to a Recent Study of Battered Women Who Commit Crimes (Nevada Law Journal, Vol. 15, 2014) on SSRN. Here is...

Strader, Selvin & Hay on the Case for Gay Shield Laws

Kelly Strader , Molly Selvin and Lindsey Hay (Southwestern Law School , Stanford Law School and Southwestern Law School) have posted Gay Panic, Gay Victims, and the Case for Gay Shield Laws (Cardozo Law Review, Vol. 36, 2015) on SSRN....

Dharmapala, Garoupa & McAdams on Agency Costs, Law Enforcement, and Criminal Procedure

Dhammika Dharmapala , Nuno M. Garoupa and Richard H. McAdams (University of Chicago Law School , Texas A&M University School of Law and University of Chicago Law School) have posted Punitive Police? Agency Costs, Law Enforcement, and Criminal Procedure on...

Slobogin on Privacy and Unreasonable Searches

Christopher Slobogin (Vanderbilt University - Law School) has posted A Defense of Privacy as the Central Value Protected by the Fourth Amendment's Prohibition on Unreasonable Searches on SSRN. Here is the abstract: Katz v. United States and the accompanying turn...

Huskey on Veterans Treatment Courts

Kristine A. Huskey (University of Arizona - James E. Rogers College of Law) has posted Reconceptualizing 'The Crime' in Veterans Treatment Courts (Federal Sentencing Reporter, Vol. 27, No. 3, 2015) on SSRN. Here is the abstract: Recent scandals involving the...

Mikos on Indemnification and Federalism

Robert A. Mikos (Vanderbilt University - Law School) has posted Indemnification as an Alternative to Nullification (76 Montana Law Review 57 (Winter 2015)) on SSRN. Here is the abstract: The federalization of criminal law arguably threatens the states’ traditional police...

Hernandez on Immigration Law by Proxy

César Cuauhtémoc García Hernández (Capital University Law School) has posted Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime (Denver University Law Review, Vol. 92, p. 41, 2015) on SSRN. Here is the abstract: Despite the federal government’s...

Weaver & Friedland on Texting, Driving, and Punishment

Russell L. Weaver and Steven Friedland (University of Louisville - Louis D. Brandeis School of Law and Elon University School of Law) have posted Driving While 'Intexticated': Texting, Driving, and Punishment (47 Tex. Tech L. Rev. 101 2014-2015) on SSRN....

Klingele on Deterrence-Based Correctional Programs

Cecelia M. Klingele (University of Wisconsin Law School) has posted What are We Hoping for? Defining Purpose in Deterrence-Based Correctional Programs (99 Minn. L. Rev. 101) on SSRN. Here is the abstract: One of the most popular program models in...

Kerr on Computer Trespass

Orin S. Kerr (The George Washington University Law School) has posted Norms of Computer Trespass (Columbia Law Review, Forthcoming) on SSRN. Here is the abstract: Federal and state laws prohibit computer trespass, codified as a ban on unauthorized access to...

Gray on Collective Fourth Amendment Rights

David C. Gray (University of Maryland Francis King Carey School of Law) has posted Dangerous Dicta (Washington and Lee Law Review, Vol. 72, 2015 (Forthcoming)) on SSRN. Here is the abstract: In United States v. Heller, the Court held that...

Levy on Situationism and Excuse

Ken Levy (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility (68 Arkansas Law Review (2015, Forthcoming)) on SSRN. Here is the abstract:...

Stoughton on Evidentiary Rules as Police Reform

Seth W. Stoughton (University of South Carolina School of Law) has posted Evidentiary Rulings as Police Reform (69 U. Miami L. Rev. 429 (2015)) on SSRN. Here is the abstract: How can law be a mechanism for police reform? The...

Katner on Juvenile Competency

David R. Katner (Tulane University - Law School) have posted Eliminating the Competency Presumption in Juvenile Delinquency Cases (24 Cornell Journal of Law and Public Policy 403 (2015)) on SSRN. Here is the abstract: The legal presumption used in virtually...

Metzger on Data Collection and Public Defenders

Pamela Metzger (Tulane University - Law School) has posted Me and Mr. Jones: A Systems-Based Analysis of a Catastrophic Defense Outcome (Albany Law Review, Forthcoming) on SSRN. Here is the abstract: Leo S. Jones spent four months in jail, accused...

Peters on Human Trafficking Victim Status

Amanda J. Peters (South Texas College of Law) has posted Reconsidering Federal and State Obstacles to Human Trafficking Victim Status and Entitlements (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: Federal and state anti-trafficking laws describe the victim...

Sandford on GPS Tracking of a Cell Phone

Bryan S Sandford has posted Comment: A Castle in the Sky: GPS Tracking of a Defendant's Cell Phone Post-Riley v. California (Wisconsin Law Review, Forthcoming) on SSRN. Here is the abstract: For most Americans, smart cell phones are omnipresent and...

Binford on Compensation for Child Pornography Victims

Warren Binford (Willamette University College of Law) has posted A Global Survey of Country Efforts to Ensure Compensation for Child Pornography Victims (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: This article summarizes the results...

Harmon on Federal Programs and the Real Costs of Policing

Rachel Harmon (University of Virginia School of Law) has posted Federal Programs and the Real Costs of Policing (New York University Law Review, Vol. 90, June 2015) on SSRN. Here is the abstract: Dozens of federal statutes authorize federal agencies...

Klinkner on Digital Evidence and the Right to Deletion

Blake Anthony Klinkner has posted Digital Evidence and the Fourth Amendment: United States v. Ganias and Judicial Recognition of the 'Right to Deletion' (The Wyoming Lawyer, p. 52, April 2015) on SSRN. Here is the abstract: In United States v....

Garcia on Miranda

Alfredo Garcia (St. Thomas University - School of Law) has posted Regression to the Mean: How Miranda Has Become a Tragicomical Farce (25 St. Thomas L. Rev. 293 (2013)) on SSRN. Here is the abstract: In my original article, I...

Stokes on Revenge Porn

Jenna K. Stokes has posted The Indecent Internet: Resisting Unwarranted Internet Exceptionalism in Combating Revenge Porn (29 BERKELEY TECH. L.J. 929 (2014)) on SSRN. Here is the abstract: This Note explores the rise of revenge porn, as well as the...

Corrado on Giving Up Desert

Michael Louis Corrado (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Withdrawal Pains: Giving Up Desert on SSRN. Here is the abstract: Underlying our present conception of punishment is the moral notion of desert....

Barry on Retroactive Death Penalty Abolition

Kevin M. Barry (Quinnipiac University - School of Law) has posted Going Retro: Abolition for All (46 Loyola University Chicago Law Journal 669 (2015)) on SSRN. Here is the abstract: The opening of the twenty-first century has seen a flurry...

Greenberg on Prior Convictions in Drug Prosecutions

Deena Greenberg has posted Closing Pandora's Box: Limiting the Use of 404(b) to Introduce Prior Convictions in Drug Prosecutions (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Forthcoming) on SSRN. Here is the abstract: The federal circuit courts diverge in...

Ehrman on Pay-to-Play Daily Fantasy Sports

Nathaniel J Ehrman has posted Out of Bounds?: A Legal Analysis of Pay-to-Play Daily Fantasy Sports (The Sports Lawyers Journal, Vol. 22, p. 79, 2015) on SSRN. Here is the abstract: Daily fantasy sports are one of the fastest growing,...

Robbins on Reimbursement of Expenses for Acquitted Defendants

Ira P. Robbins (American University - Washington College of Law) has posted The Price Is Wrong: Reimbursement of Expenses for Acquitted Criminal Defendants (Michigan State Law Review, Vol. 2014, No. 5, 2015) on SSRN. Here is the abstract: “Not guilty”...

Piopiunik & Ruhose on Immigration and Crime

Marc Piopiunik and Jens Ruhose (CESifo (Center for Economic Studies and Ifo Institute) - Department Human Capital and Innovation and CESifo (Center for Economic Studies and Ifo Institute) - Ifo Institute) have posted Immigration, Regional Conditions, and Crime: Evidence from...

Anderson et al. on Punishments for Repeat Offenders

Lisa R. Anderson , Gregory J. DeAngelo , Winand Emons , Beth Freeborn and Hannes Lang (College of William and Mary - Department of Economics , Texas Tech University - Department of Economics and Geography , University of Bern -...

Broughton on Snowden and Treason

J. Richard Broughton (University of Detroit Mercy School of Law) has posted The Snowden Affair and the Limits of American Treason (Lincoln Memorial University Law Review, 2015, Forthcoming) on SSRN. Here is the abstract: The revelations about Edward Snowden’s leak...

Kamin & Wald on Public Lawyers and Marijuana Regulation

Sam Kamin and Eli Wald (University of Denver Sturm College of Law and University of Denver Sturm College of Law) have posted Public Lawyers and Marijuana Regulation (23(1) The Public Lawyer 14 (2015)) on SSRN. Here is the abstract: Although...

Fox & Stein on Watersheds

Dov Fox and Alex Stein (University of San Diego: School of Law and Yeshiva University - Benjamin N. Cardozo School of Law) have posted Watersheds on SSRN. Here is the abstract: Watershed doctrine governs the conditions under which a prisoner...

Baniel-Stark on Punishing Threats on Social Media

Alessandra Baniel-Stark has posted Comment: Elonis, True Threats, and the Ontology of Facebook (New York University Journal of Legislation and Public Policy Quorum, Forthcoming) on SSRN. Here is the abstract: Elonis v. United States, argued before the Supreme Court in...

Adler on Marijuana, Federal Power & The State

Jonathan H. Adler (Case Western Reserve University School of Law) has posted Symposium Introduction: Marijuana, Federal Power & The State (65 Case Western Reserve Law Review, Issue 3 (2015), Forthcoming) on SSRN. Here is the abstract: The insistence of multiple...

Cohen on Abortion Thought Crimes

I. Glenn Cohen (Harvard Law School) has posted Are All Abortions Equal? Should There Be Exceptions to the Criminalization of Abortion for Rape and Incest? (Journal of Law, Medicine and Ethics, Vol. 43, No. 1, 2015) on SSRN. Here is...

Holland on The Two-Sided Speedy Trial Problem

Brooks Holland (Gonzaga University School of Law) has posted The Two-Sided Speedy Trial Problem (90 Washington Law Review Online 31) on SSRN. Here is the abstract: This essay responds to The Not So Speedy Trial Act, by Shon Hopwood, 89...

Appleman on Defending the Jury

Laura I. Appleman (Willamette University College of Law) has posted Defending the Jury: Crime, Community, and the Constitution (Cambridge University Press (April 2015)) on SSRN. Here is the abstract: This book sets forth a new approach to twenty-first-century criminal justice...

Mungan on Mere Preparation

Murat C. Mungan (Florida State University - College of Law) has posted Mere Preparation on SSRN. Here is the abstract: Acts that are merely in preparation for the commission of a crime are not punished in many jurisdictions. This note...

MacLean, Berles & Lamparello on Wrongful Convictions

Charles E. MacLean , James Berles and Adam Lamparello (Indiana Tech Law School , Indiana Tech - Law School and Indiana Tech - Law School) have posted Stop Blaming the Prosecutors: The Real Causes of Wrongful Convictions and Rightful Exonerations,...

Hessick on Booker in the Circuits

Carissa Byrne Hessick (University of Utah - S.J. Quinney College of Law) has posted Booker in the Circuits: Backlash or Balancing Act? on SSRN. Here is the abstract: In her essay, Rebellion: The Courts of Appeals’ Latest Anti-Booker Backlash, Alison...

Semerad on Cumulative Error Claims

Ryan Semerad has posted What's the Matter with Cumulative Error?: Killing a Federal Claim in Order to Save It (Ohio State Law Journal, 2015 Forthcoming) on SSRN. Here is the abstract: This note investigates the inefficacy of cumulative error claims...

Litman on Resentencing after Johnson v. US

Leah M Litman has posted Residual Impact: Resentencing Implications of Johnson v. United States’ Potential Ruling on ACCA’s Constitutionality (115 Columbia Law Review Sidebar 55 (2015)) on SSRN. Here is the abstract: This Essay examines the impact a favorable decision...

Yang on Resource Constraints and the Criminal Justice System

Crystal S. Yang (Harvard Law School) has posted Resource Constraints and the Criminal Justice System: Evidence from Judicial Vacancies on SSRN. Here is the abstract: Ten percent of federal judgeships are currently vacant, yet little is known on the impact...

Moore, Sandys & Jayadev on Participatory Defense

Janet Moore , Marla Sandys and Raj Jayadev (University of Cincinnati College of Law , Indiana University Bloomington - Department of Criminal Justice and Albert Cobarrubius Justice Project, Silicon Valley De-Bug) have posted Make Them Hear You: Participatory Defense and...

Kastellec on Race-Based Effects in Death Penalty Appeals

Jonathan P. Kastellec (Princeton University - Department of Politics) has posted Race, Context and Judging on the Courts of Appeals: Race-Based Panel Effects in Death Penalty Cases on SSRN. Here is the abstract: I examine how the identities of judges...

Webb on The Immortal Accusation

Lindsey Webb (University of Denver Sturm College of Law) has posted The Immortal Accusation (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: In the American criminal justice system, accusations have eternal life. Prosecutors, judges, and prison officials regularly...

Georgakopoulos on Trials with Large DNA Databases

Nicholas L. Georgakopoulos (Indiana University - Robert H. McKinney School of Law) has posted Visualizing Trials with Large DNA Databases on SSRN. Here is the abstract: This essay seeks to help the reader follow the analysis by Ayres and Nalebuff...

Fay-Ramirez on Family Treatment Court

Suzanna Fay-Ramirez (University of Queensland - Institute for Social Science Research (ISSR)) has posted Therapeutic Jurisprudence in Practice: Changes in Family Treatment Court Norms Overtime (Law and Social Inquiry, Vol. 40, No. 1, 2015) on SSRN. Here is the abstract:...

Wang on Mail and Wire Fraud Prosecution for Insider Trading and Tipping

William K. S. Wang (University of California, Hastings College of the Law) has posted Application of the Federal Mail and Wire Fraud Statutes to Criminal Liability for Stock Market Insider Trading and Tipping (University of Miami Law Review, Forthcoming) on...

Wexler on Offender Release and Supervision

David B. Wexler (University of Puerto Rico - School of Law) has posted A Forward-Looking Foreword (OFFENDER RELEASE AND SUPERVISION: THE ROLE OF COURTS AND THE USE OF DISCRETION ___ (Martine Herzog-Evans ed., 2015)) on SSRN. Here is the abstract:...

Logan on Exiting Sex Offender Registries

Wayne A. Logan (Florida State University - College of Law) has posted Database Infamia: Exit from the Sex Offender Registries (Wisconsin Law Review, 2015) on SSRN. Here is the abstract: Since originating in the early-mid 1990s, sex offender registration and...

Sekhon on Purpose, Policing, and the Fourth Amendment

Nirej Sekhon (Georgia State University College of Law) has posted Purpose, Policing, and the Fourth Amendment ((Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: Fourth Amendment cases are replete with references to “purpose.” Typically, these...

Stoughton on Law Enforcement's "Warrior" Problem

Seth W. Stoughton (University of South Carolina School of Law) has posted Law Enforcement's 'Warrior' Problem (128 Harv. L. Rev. Forum 225 (2015)) on SSRN. Here is the abstract: Within law enforcement, few things are more venerated than the concept...

Rich on Automated Suspicion Algorithms and the Fourth Amendment

Michael Rich (Elon University School of Law) has posted Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: At the conceptual intersection of machine learning and government data...

Jones on Deceptive Police Practices

Elizabeth N. Jones (Western State College of Law) has posted The Good and (Breaking) Bad of Deceptive Police Practices (45 New Mexico Law Review 101 (2015)) on SSRN. Here is the abstract: This article appears in a special edition of...

Gruber on Provocation

Aya Gruber (University of Colorado Law School) has posted A Provocative Defense (103 California Law Review 273 (2015)) on SSRN. Here is the abstract: It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has...

Goldman on Using Social Media for Shaming Punishments

Lauren Michelle Goldman has posted Trending Now: The Use of Social Media Websites in Public Shaming Punishments (American Criminal Law Review, Vol. 52, 2015) on SSRN. Here is the abstract: This Note proposes that a social media shaming sanction might...

Dubber on The Schizophrenic Jury

Markus D. Dubber (University of Toronto - Faculty of Law) has posted The Schizophrenic Jury and Other Palladia of Liberty: A Critical Historical Analysis on SSRN. Here is the abstract: The jury’s history is interestingly schizophrenic, even paradoxical. On one...

Joh on Technology and Police Deception

Elizabeth E. Joh (U.C. Davis School of Law) has posted Bait, Mask, and Ruse: Technology and Police Deception (128 Harvard Law Review Forum 246 (2015)) on SSRN. Here is the abstract: Deception and enticement have long been tools of the...

Moody on Large Capacity Magazines and Homicide

Carlisle E. Moody (College of William and Mary - Department of Economics) has posted Large Capacity Magazines and Homicide on SSRN. Here is the abstract: Recent events have resulted in calls to ban large capacity magazines (LCMs) holding more than...

Ross & Wright on Police Perceptions of Graffiti and Street Art

Jeffrey Ian Ross and Benjamin Wright (University of Baltimore - School of Law and University of Baltimore) have posted 'I've Got Better Things to Worry About': Police Perceptions of Graffiti and Street Art in a Large Mid-Atlantic City (Police Quarterly,...

Wolfendale on Provocative Dress and Sexual Responsibility

Jessica Wolfendale (West Virginia University, Philosophy Department) has posted Provocative Dress and Sexual Responsibility (Georgetown Journal of Gender and the Law, Forthcoming) on SSRN. Here is the abstract: Numerous studies have found that many people believe that a provocatively dressed...

Akbar on National Security's Broken Windows

Amna A. Akbar (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted National Security's Broken Windows (UCLA Law Review, Forthcoming) on SSRN. Here is the abstract: This Article examines the federal government’s community engagement efforts with...

Moriearty on Retroactivity of Proportionality Rules

Perry L. Moriearty (University of Minnesota - Twin Cities - School of Law) has posted Miller v. Alabama and the Retroactivity of Proportionality Rules (University of Pennsylvania Journal of Constitutional Law, Vol. 17, No. 4, 2015) on SSRN. Here is...

Siegel on The Continuing Duty to Former Clients

David M. Siegel (New England Law | Boston) has posted The Continuing Duty Then and Now (Hofstra Law Review, Vol. 42, Pages 447-472 (2013)) on SSRN. Here is the abstract: The “new” recognition in the American Bar Association’s 2003 Guidelines...

Opinion rejecting traffic stop prolonged to permit dog sniff of car

Justice Ginsburg delivered the opinion of the Court in Rodriguez v. United States. Justice Thomas dissented in an opinion joined by Justice Alito and joined in part by Justice Kennedy. Justice Alito filed a dissenting opinion.

Conner on Safe Harbors for Youth in Sex Trades

Brendan M. Conner (Streetwise and Safe) has posted In Loco Aequitatis: The Dangers of 'Safe Harbor' Laws for Youth in the Sex Trades (Stanford Journal of Civil Rights and Civil Liberties, Vol. 12, No. 1, 2016, Forthcoming) on SSRN. Here...

Rubinson on the Realities of Adjudication

Robert Rubinson (University of Baltimore - School of Law) has posted There is No Such Thing as Litigation: Access to Justice and the Realities of Adjudication (Journal of Gender, Race and Justice, Vol. 18, No. 1, Winter 2015, pp. 185-210)...

Bleustein on Consular Immunity

Irina Kotchach Bleustein has posted Achieving the Coexistence of Accountability and Immunity: The Prosecution of Devyani Khobragade and the Role of Consular Immunity in Criminal Cases (American Criminal Law Review, Vol. 52, Spring Issue, 2015) on SSRN. Here is the...

SpearIt on Mass Incarceration and Latino Communities

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted How Mass Incarceration Underdevelops Latino Communities (U.S. Latinos and Criminal Injustice (Michigan State University Press 2015)) on SSRN. Here is the abstract: In criminal justice scholarship, there is...

Otero on Nonconsensual Pornography

Dalisi Otero has posted Confronting Nonconsensual Pornography with Federal Criminalization and a Notice- and-Takedown Provision (University of Miami Law Review, Forthcoming) on SSRN. Here is the abstract: While the issue of nonconsensual pornography has recently been brought into the limelight...

https://youtube.com/devicesupport

Graham on Evidence

Michael H. Graham (University of Miami - School of Law) has posted three manuscripts on SSRN bearing on criminal law and procedure. They are: Admissibility of Children's Statements in Sexual Abuse Prosecutions: Prompt Complaint, Excited Utterance, Medical Diagnosis or Treatment,...

Gray on The Warrant Requirement

David C. Gray (University of Maryland Francis King Carey School of Law) has posted Fourth Amendment Remedies as Rights: The Warrant Requirement (Boston University Law Review, Vol. 96, 2015, Forthcoming) on SSRN. Here is the abstract: The constitutional status of...

Katz on Judicial Patriarchy and Domestic Violence

Elizabeth Katz (Harvard University - Department of History) has posted Judicial Patriarchy and Domestic Violence: A Challenge to the Conventional Family Privacy Narrative (William & Mary Journal of Women and the Law, Vol. 21, No. 2, Winter 2015) on SSRN....

McLeod on Death Row

Marah Stith McLeod has posted Does the Death Penalty Require Death Row? The Harm of Legislative Silence (Ohio State Law Journal, Forthcoming) on SSRN. Here is the abstract: This Article exposes two flawed assumptions about death row in leading scholarship...

Denno on An Empirical Study of Neuroscience Evidence

Deborah W. Denno (Fordham University School of Law) has posted The Myth of the Double-Edged Sword: An Empirical Study of Neuroscience Evidence in Criminal Cases (Boston College Law Review, Vol. 56, Pages 493-551 (2015)) on SSRN. Here is the abstract:...

Siegel & Eldred on The Continuing Duty to Former Clients

David M. Siegel and Tigran Eldred (New England Law | Boston and New England Law | Boston) have posted The Continuing Duty in Reality: A Preliminary Empirical Look on SSRN. Here is the abstract: The continuing duty of criminal defense...

Covey on Jailhouse Snitch Testimony

Russell D. Covey (Georgia State University College of Law) has posted Abolishing Jailhouse Snitch Testimony (Wake Forest Law Review, Vol. 49, 2014) on SSRN. Here is the abstract: Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent...

Berry on Ending the Death Lottery

William W. Berry III (University of Mississippi School of Law) has posted Ending the Death Lottery (Ohio State Law Journal, Vol. 76, No. 1, 2015) on SSRN. Here is the abstract: When the Supreme Court reinstated the death penalty in...

Meads on Reasonable Suspicion and Mistake of Law

Mallory Meads has posted The War Against Ourselves: Heien v. North Carolina, the War on Drugs, and Police Militarization (University of Miami Law Review, Forthcoming) on SSRN. Here is the abstract: This Note takes a closer look at the consequences...

Luban on The Crime of Crimes

David J. Luban (Georgetown University Law Center) has posted Arendt on the Crime of Crimes (Ratio Juris, Forthcoming) on SSRN. Here is the abstract: Genocide - the intentional destruction of groups “as such” – is sometimes called the “crime of...

Leong & Morando on Communication and Cybercrime

Nancy Leong and Joanne Morando (University of Denver Sturm College of Law and University of Denver Sturm College of Law) have posted Communication in Cyberspace (94 North Carolina Law Review, 2015, Forthcoming) on SSRN. Here is the abstract: This Article...

Tsukerman on Bitcoin Regulation

Misha Tsukerman has posted The Block Is Hot: A Survey of the State of Bitcoin Regulation and Suggestions for the Future (Berkeley Technology Law Journal, Vol. 30, July 2015, Forthcoming) on SSRN. Here is the abstract: Bitcoin and Blockchain technology...

Gray on The ABA Standards on Third Party Records

David C. Gray (University of Maryland Francis King Carey School of Law) has posted The ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records: Critical Perspectives from a Technology-Centered Approach (Oklahoma Law Review, Vol. 66, page 919,...

Westen on The Retroactive Effect of Ameliorative Repeals

Peter K. Westen (University of Michigan Law School) has posted Lex Mitior: Converse of Ex Post Facto and Window into Criminal Desert (New Criminal Law Review, Vol. 18, No. 2, pp. 167-213, 2015) on SSRN. Here is the abstract: In...

Patihis et al. on Unconscious Repressed Memory

Lawrence Patihis , Scott O. Lilienfeld , Lavina Y. Ho and Elizabeth F. Loftus (University of California, Irvine , Emory University - Emory College of Arts and Sciences , Pennsylvania State University - Department of Behaviorial Sciences & Education and...

Kopel on Hate Crime Laws

David B. Kopel has posted Hate Crime Laws: Dangerous and Divisive on SSRN. Here is the abstract: The great promise of American law is Equal Protection: everyone is equal before the law. Colorado’s Ethnic Intimidation statute runs contrary to this...

Campbell on The Governance of Sex Work

Angela Campbell (McGill University - Faculty of Law) has posted Sex Work's Governance: Stuff and Nuisance (Feminist Legal Studies, 2015) on SSRN. Here is the abstract: Sex work’s governance throughout the Commonwealth has historically been animated by the objective of...

Whitman on the Presumption of Innocence or the Presumption of Mercy

James Q. Whitman (Yale Law School) has posted Presumption of Innocence or Presumption of Mercy?: Weighing Two Western Modes of Justice (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: American criminal law has a deep commitment to the...

Edelman on Gambling Laws and Daily Fantasy Sports

Marc Edelman (City University of New York - Baruch College, Zicklin School of Business) has posted Navigating the Legal Risks of Daily Fantasy Sports: A Detailed Primer in Federal and State Gambling Law (University of Illinois Law Review, 2016 Forthcoming)...

Noll on Confrontation

David L. Noll (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Constitutional Evasion and the Confrontation Puzzle (Boston College Law Review, Vol. 56, No. 5, 2015) on SSRN. Here is the abstract: Among the most...

Kitai-Sangero & Merin on Salinas and Silence

Rinat Kitai-Sangero and Yuval Merin (“College of Law and Business and College of Management (Israel)) have posted Probing into Salinas's Silence: Back to the 'Accused Speaks' Model? (Nevada Law Journal, Vol. 15, 2015) on SSRN. Here is the abstract: In...

Merin on Excluding Derivative Evidence

Yuval Merin (College of Management (Israel)) has posted Lost between the Fruits and the Tree: In Search of a Coherent Theoretical Model for the Exclusion of Derivative Evidence (18 New Criminal Law Review 273) on SSRN. Here is the abstract:...

Laurin on Evidence-Based Practice in Indigent Defense

Jennifer E. Laurin (University of Texas School of Law) has posted Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: A widespread consensus understands...

Tonry on Federal Sentencing "Reform"

Michael Tonry (University of Minnesota - Twin Cities - School of Law) has posted Federal Sentencing 'Reform' Since 1984: The Awful as Enemy of the Good (44 Crime & Justice, 2015) on SSRN. Here is the abstract: The federal sentencing...

Carroll on The Jury as Democracy

Jenny E. Carroll (University of Alabama - School of Law) has posted The Jury as Democracy (66 Ala. L. Rev. 825 (2015)) on SSRN. Here is the abstract: Almost from the moment the law is set to paper, it is...

Appleman on Epps on Error in Criminal Justice

Laura I. Appleman (Willamette University College of Law) has posted A Tragedy of Errors: Blackstone, Procedural Asymmetry, and Criminal Justice (Harvard Law Review Forum, Vol. 128, p. 91, p. 2015) on SSRN. Here is the abstract: A response to Daniel...

Redmayne on Character in the Criminal Trial

Mike Redmayne (London School of Economics - Law Department) has posted Introduction: Character in the Criminal Trial (Oxford University Press, 2015) on SSRN. Here is the abstract: This is the introductory chapter to Mike Redmayne, Character in the Criminal Trial...

Weisburd on Electronic Monitoring of Juveniles

Kate Weisburd (University of California, Berkeley - School of Law - Youth Defender Clinic, East Bay Community Law Center) has posted Monitoring Youth: The Collision of Rights and Rehabilitation (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: A...

Fondacaro on Developmental Differences in Juvenile Justice

Mark R. Fondacaro, J.D., Ph.D. (John Jay College - CUNY) has posted Rethinking the Scientific and Legal Implications of Developmental Differences Research in Juvenile Justice (17 New Crim. L. Rev. 407 (2014)) on SSRN. Here is the abstract: A recent...

Corrado on Fichte and the Psychopath

Michael Louis Corrado (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Fichte and the Psychopath: Criminal Justice Turned Upside Down on SSRN. Here is the abstract: The question is whether the hard incompatiblist or...

Armacost on The Enforcement Pathologies of Immigration Policing

Barbara E. Armacost (University of Virginia School of Law) has posted The Enforcement Pathologies of Immigration Policing on SSRN. Here is the abstract: State and local police have become increasing involved in enforcing immigration law. While so called “immigration policing”...

Brown on Corruption

George D. Brown (Boston College Law School) has posted Applying Citizens United to Ordinary Corruption (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Federal criminal law frequently deals with the problem of corruption in the form of...

Young & Munsch on Knowledge and Assertion of Rights

Kathryne M. Young and Christin L. Munsch (Stanford University - Bill Lane Center for the American West and University of Connecticut) have posted Fact and Fiction in Constitutional Criminal Procedure (South Carolina Law Review, Vol. 66, No. 445, 2014) on...

Cottone on Ignorance of the Law in the Regulatory Age

Michael Anthony Cottone has posted Rethinking Presumed Knowledge of the Law in the Regulatory Age (Tennessee Law Review, Vol. 82, No. 137, 2015) on SSRN. Here is the abstract: In this article, I will examine the doctrine of ignorantia legis,...

Kreag on Local DNA Databases

Jason Kreag (University of Arizona Rogers College of Law) has posted Going Local: The Fragmentation of Genetic Surveillance (Boston University Law Review (2016 Forthcoming)) on SSRN. Here is the abstract: The FBI’s two-decade-long dominance of the use of genetic surveillance...

Bambauer & Massaro on Outrageous Conduct

Jane R. Bambauer and Toni M. Massaro (University of Arizona - James E. Rogers College of Law and University of Arizona College of Law) have posted Outrageous and Irrational (100 Minnesota Law Review, (2015 Forthcoming)) on SSRN. Here is the...

O'Connell on Bad Boys' Brains

Karen O'Connell (University of Technology Sydney, Faculty of Law) has posted Bad Boys’ Brains: Law, Neuroscience and the Gender of ‘Aggressive’ Behavior (Gendered Neurocultures: Feminist and Queer Perspectives on Current Brain Discourses, Zaglossus, Vienna, 2014 (eds. Sigrid Schmitz and Grit...

Slobogin on Plea Bargaining

Christopher Slobogin (Vanderbilt University - Law School) has posted Plea Bargaining and the Substantive and Procedural Goals of Criminal Justice: From Retribution and Adversarialism to Preventive Justice and Hybrid-Inquisitorialism (William & Mary Law Review, 2015) on SSRN. Here is the...

Perlin on Therapeutic Jurisprudence and Teaching

Michael L. Perlin (New York Law School) has posted 'There's a Dyin’ Voice within Me Reaching Out Somewhere': How TJ Can Bring Voice to the Teaching of Mental Disability Law and Criminal Law (3 Suffolk U. L. Rev. Online 37...

Breen & Mills on Juvenile Sentencing Discretion after Miller

Jennifer Breen and John Mills (Cornell University - Law School and Saint Louis University School of Law) have posted Mandating Discretion: Juvenile Sentencing Schemes after Miller v. Alabama (American Criminal Law Review, Vol. 52, No. 2, 2015) on SSRN. Here...

Berger on The Executioner's Dilemmas

Eric Berger (University of Nebraska at Lincoln - College of Law) has posted The Executioners' Dilemmas (University of Richmond Law Review, Vol. 49, No. 3, 2015) on SSRN. Here is the abstract: Despite several prominent recent botched executions, states usually...

Baker on Rape

Katharine K. Baker (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Why Rape Should Not (Always) Be a Crime (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: This article advances a novel and controversial argument,...

Hartung on Habeas Corpus for the Innocent

Stephanie Roberts Hartung (Suffolk University Law School) has posted Habeas Corpus for the Innocent (University of Pennsylvania Law School, Journal of Law and Social Change, Vol. 19, 2016 Forthcoming) on SSRN. Here is the abstract: This year marks the 25th...

Huq on Agency Slack and Criminal Justice Institutions

Aziz Z. Huq (University of Chicago - Law School) has posted Agency Slack and the Design of Criminal Justice Institutions (Forthcoming in, The Routledge Handbook of Criminal Justice Ethics (J.P. Jackson & J. Jacobs, eds. 2016)) on SSRN. Here is...

Choi on Reunifying Fourth and Fifth Amendment Jurisprudence

Bryan H. Choi (New York Law School) has posted For Whom the Data Tolls: A Reunified Theory of Fourth and Fifth Amendment Jurisprudence on SSRN. Here is the abstract: Data privacy demands a reunified theory of the Fourth and Fifth...

Pardo & Patterson on Minds, Brains, and Law

Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and European University Institute) have posted Symposium on Minds, Brains, and Law: A Reply (Jurisprudence, 2015, Forthcoming) on SSRN. Here is the abstract: This essay, forthcoming in a...

Criminal law/procedure cert grant

Issue summary is from ScotusBlog, which also links to papers, for this Monday cert grant: Montgomery v. Louisiana: Whether Miller v. Alabama adopts a new substantive rule that applies retroactively on collateral review to people condemned as juveniles to die...

Goodmark on VAWA and Restorative Justice

Leigh Goodmark (University of Maryland Francis King Carey School of Law) has posted Stalled at 20: VAWA, the Criminal Justice System, and the Possibilities of Restorative Justice on SSRN. Here is the abstract: Since its passage in 1994, the Violence...

Shawn Marie Boyne (Indiana University Robert H. McKinney School of Law) has posted The Prosecution of Serious Economic Crimes in Germany (The German Prosecution Service: Guardians of the Law? (Springer), Forthcoming) on SSRN. Here is the abstract: Comparative law scholars...

Spottswood on Ordering Proof

Mark Spottswood (Florida State University College of Law) has posted Ordering Proof: Beyond Adversarial and Inquisitorial Trial Structures on SSRN. Here is the abstract: In typical trials, judges and juries will find it easier to remember the proof that occurs...

Bellin on The Right to Remain Armed

Jeffrey Bellin (William & Mary Law School) has posted The Right to Remain Armed (Washington University Law Review, Forthcoming) on SSRN. Here is the abstract: The laws governing gun possession are changing rapidly. In the past two years, federal courts...

Blitz et al. on Regulating Drones

Marc Jonathan Blitz , James L Grimsley , Stephen E. Henderson and Joseph T. Thai (Oklahoma City University , University of Oklahoma - Norman Campus , University of Oklahoma College of Law and University of Oklahoma - College of Law)...

Levmore & Porat on Rethinking Threats

Saul Levmore and Ariel Porat (University of Chicago Law School and Tel Aviv University) have posted Rethinking Threats on SSRN. Here is the abstract: Threats are not merely the dark side of promises. They impose costs on those who receive...

Kitchen on Latent Crime Scene DNA of Non-Suspects

Adrienne N Kitchen has posted Genetic Privacy and Latent Crime Scene DNA of Non-Suspects: How the Law Can Protect an Individual's Right to Genetic Privacy While Respecting the Government’s Important Interest in Combating Crime (The Criminal Law Bulletin, Vol. 52,...

Lain on Mandery's A Wild Justice

Corinna Lain (University of Richmond - School of Law) has posted The Highs and Lows of Wild Justice (50 Tulsa Law Review (2015 Forthcoming)) on SSRN. Here is the abstract: This essay is a book review of Evan Mandery’s A...

SpearIt on Evolving Standards of Domination

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Evolving Standards of Domination: Abandoning a Flawed Legal Standard and Approaching a New Era in Penal Reform (Chicago-Kent Law Review, Vol. 90, 2015) on SSRN. Here is the...

Berry on Eighth Amendment Presumptions and Mass Incarceration

William W. Berry III (University of Mississippi School of Law) has posted Eighth Amendment Presumptions: A Constitutional Framework for Curbing Mass Incarceration on SSRN. Here is the abstract: The Supreme Court’s conceptualization of the Eighth Amendment over the past decade...

Lasagni on Bank Criminal Investigations

Giulia Lasagni has posted Recalibrating Bank Criminal Investigations and Supervisory Oversight after the Financial Crisis: A Comparison between the U.S. and the E.U. (Criminal Law Bulletin, Forthcoming) on SSRN. Here is the abstract: After the financial crisis of 2006-2007, a...

Ek on Conspiracy and the Fantasy Defense

Kaitlin Ek has posted Conspiracy and the Fantasy Defense: The Strange Case of the Cannibal Cop (Duke Law Journal, Vol. 64, No. 5, 2015) on SSRN. Here is the abstract: In the notorious “Cannibal Cop” case, New York police officer...

Bell & Lynch on Gender, Race, and Six-Person Juries

Jeannine Bell and Mona Lynch (Indiana University Maurer School of Law and University of California, Irvine - Department of Criminology, Law and Society) have posted Cross-Sectional Challenges: Gender, Race, and Six-Person Juries on SSRN. Here is the abstract: After two...

Blume on How Ethics Prevents Reform

John H. Blume (Cornell Law School) has posted How the 'Shackles' of Individual Ethics Prevents Structural Reform in the American Criminal Justice System on SSRN. Here is the abstract: The core critique of the modern American Criminal Justice System is...

Kagan on Immigration Law's Looming Fourth Amendment Problem

Michael Kagan (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Immigration Law's Looming Fourth Amendment Problem (Georgetown Law Journal, Vol. 104, Forthcoming) on SSRN. Here is the abstract: In 2014, a wave of federal court...

Binder on Inviolable Status and Desert

Guyora Binder (State University of New York (SUNY), Buffalo, SUNY Buffalo Law School) has posted The Coptown Case: Inviolable Status and Desert (Inherent and Instrumental Values, Excursions in Value Inquiry, G. John M. Abbarno, ed. University Press of America, 2015)...

Citron on Spying Inc.

Danielle Keats Citron (University of Maryland Francis King Carey School of Law) has posted Spying Inc. (Washington and Lee Law Review, Vol. 72, No. 3, 2015) on SSRN. Here is the abstract: The latest spying craze is the “stalking app.”...

Garrett on Evidence and Constitutional Law

Brandon L. Garrett (University of Virginia School of Law) has posted Constitutional Law and the Law of Evidence (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract: When a constitutional right conflicts with an evidentiary rule that would otherwise...

Nichols on Corruption as an Assurance Problem

Philip M. Nichols (University of Pennsylvania -- Department of Legal Studies and Business Ethics) has posted Corruption as an Assurance Problem on SSRN. Here is the abstract: This paper suggests that corruption presents an assurance problem. An assurance problem exists...

Staihar on Proportionality and Punishment

Jim Staihar (University of Maryland - Robert H. Smith School of Business) has posted Proportionality and Punishment (Iowa Law Review, Vol. 100, No. 3, 2015) on SSRN. Here is the abstract: In the literature on the justification of punishment, unfair...

Berry on Life-with-Hope Sentencing

William W. Berry III (University of Mississippi School of Law) has posted Life-with-Hope Sentencing: The Argument for Replacing Life-Without-Parole Sentences with Presumptive Life Sentences on SSRN. Here is the abstract: The United States has over 41,000 people serving life-without-parole (LWOP)...

Jackson & Gau on Trust, Legitimacy, and Legal Authority

Jonathan Jackson and Jacinta Gau (London School of Economics & Political Science - Department of Methodology and University of Central Florida - College of Health and Public Affairs) have posted Carving Up Concepts? Differentiating between Trust and Legitimacy in Public...

Binder on Homicide

Guyora Binder (State University of New York (SUNY), Buffalo, SUNY Buffalo Law School) has posted Homicide (Chapter 31 in The Oxford Handbook of Criminal Law, Marcus Dubber and Tatjana Hörnle Eds.) on SSRN. Here is the abstract: This review of...

Simmons on The Missed Opportunities of Riley v. California

Ric Simmons (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted The Missed Opportunities of Riley v. California (Ohio State Journal of Criminal Law, Vol. 12, No. 253, 2014) on SSRN. Here is the abstract: In...

Mungan & Klick on Criminals' Risk Preferences

Murat C. Mungan and Jonathan Klick (Florida State University - College of Law and University of Pennsylvania Law School) have posted Identifying Criminals’ Risk Preferences on SSRN. Here is the abstract: There is a 250 year old presumption in the...

Slobogin on Standing and Covert Surveillance

Christopher Slobogin (Vanderbilt University - Law School) has posted Standing and Covert Surveillance (Pepperdine Law Review, Forthcoming) on SSRN. Here is the abstract: This Article, written for a symposium on national security, describes and analyzes standing doctrine as it applies...

Horwitz on Investigative Holds

Daniel A. Horwitz has posted The First 48: Ending the Use of Categorically Unconstitutional Investigative Holds in Violation of County of Riverside v. McLaughlin (45 U. MEM L. REV. __ (Spring 2015 Forthcoming)) on SSRN. Here is the abstract: This...

Moore on Choosing Counsel

Janet Moore (University of Cincinnati College of Law) has posted Democracy Enhancement and the Sixth Amendment Right to Choose on SSRN. Here is the abstract: A democracy deficit undermines the legitimacy of criminal justice systems. People enmeshed in these systems...

Wilt on Accountability in Federal Corporate Criminal Prosecutions

Michael Patrick Wilt (George Mason University School of Law) has posted Who Watches the Watchmen? Accountability in Federal Corporate Criminal Prosecutions (American Journal of Criminal Law, Vol. 42, No. 2, 2015) on SSRN. Here is the abstract: The Department of...

Murray on Notice of Collateral Consequences of Pleas

Brian M. Murray (Temple University, Beasley School of Law) has posted Beyond the Right to Counsel: Increasing Notice of Collateral Consequences (University of Richmond Law Review, Forthcoming) on SSRN. Here is the abstract: In recent years, the increased collateral consequences...

Bennardo on Intertwined Cooperation and Plea Agreements

Kevin Bennardo (Indiana University Robert H. McKinney School of Law) has posted United States v. Erwin and the Folly of Intertwined Cooperation and Plea Agreements (71 Washington and Lee Law Review Online 160 (2014)) on SSRN. Here is the abstract:...

Berry on Procedural Proportionality

William W. Berry III (University of Mississippi School of Law) has posted Procedural Proportionality (George Mason Law Review, Vol. 22, No. 2, 2015) on SSRN. Here is the abstract: Given the Supreme Court’s recent foray into applying the Eighth Amendment...

Chang on Criminalization of Homosexuality and Sex Ratios

Simon Chang (Central University of Finance and Economics - China Center for Human Capital and Labor Market Research) has posted Criminalization of Homosexuality and Sex Ratios on SSRN. Here is the abstract: Sexual activities between consenting adults of the same...

Witmer-Rich on Sneak-and-Peak Searches

Jonathan Witmer-Rich (Cleveland State University - Cleveland-Marshall College of Law) has posted The Fatal Flaws of the 'Sneak and Peek' Statute and How to Fix it (Case Western Reserve Law Review, Vol. 65, 2014) on SSRN. Here is the abstract:...