McGrath on Prosecution of White-Collar Crime in a Developing Economy

Joe McGrath (UCD) has posted The Prosecution of White-Collar Crime in a Developing Economy: A Case Study of Ireland in the 20th Century (in: Van Erp, J.; Huisman, W.; Vande Walle, G (eds). The Routledge Handbook of White-Collar and Corporate...

Rivera-Lopez on Consequentialism and the Moral Murderer

Eduardo Rivera-López (Universidad Torcuato Di Tella) has posted The Moral Murderer. A (More) Effective Counterexample to Consequentialism (Ratio. An International Journal of Analytic Philosophy, 2012) on SSRN. Here is the abstract: My aim in this paper is to provide an...

Annitto on Juvenile Sentencing and Release Reform after Graham and Miller

Megan Annitto (Charlotte School of Law) has posted Graham's Gatekeeper and Beyond: Juvenile Sentencing and Release Reform in the Wake of Graham and Miller (Brooklyn Law Review , Vol. 80, No. 1, 2014) on SSRN. Here is the abstract: In...

Marcus on Atkins in Non-Capital Cases

Paul Marcus (William & Mary Law School) has posted Does Atkins Make A Difference in Non-Capital Cases? Should It? (William & Mary Bill of Rights, Vol. 23, 2014) on SSRN. Here is the abstract: The holding in Atkins v. Virginia...

McCord & Bennett on Proposed Capital Penalty Phase Rules of Evidence

David McCord and Mark W. Bennett (Drake University Law School and Independent) have posted The Proposed Capital Penalty Phase Rules of Evidence (Cardozo Law Review, Vol. 36, p. 417, 2014) on SSRN. Here is the abstract: No person or organization...

Gruber on Punitive Impulse and the Bid to Repeal Stand Your Ground

Aya Gruber (University of Colorado Law School) has posted Race to Incarcerate: Punitive Impulse and the Bid to Repeal Stand Your Ground (University of Miami Law Review, Vol. 68, No. 961, 2014) on SSRN. Here is the abstract: Stand-your-ground laws...

Ayres & Nalebuff on Bayes' Rule and DNA Evidence

Ian Ayres and Barry J. Nalebuff (Yale University - Yale Law School and Yale University - Yale School of Management) have posted The Rule of Probabilities: A Practical Approach for Applying Bayes' Rule to the Analysis of DNA Evidence (Stanford...

"Argentina Points to Spy After Lawyer’s Eerie Death "

The story is in The New York Times: Argentina’s government asserted on Friday that an ousted spymaster was involved in the murky events around the death of the prosecutor investigating the 1994 bombing of a Jewish center, with President Cristina...

Hughes on Decriminalization and Stigma

Jula Hughes (University of New Brunswick Faculty of Law) has posted From Abortions to Sex Work: What Decriminalization Can Teach Us About Stigma in Criminal Law on SSRN. Here is the abstract: This paper pursues the idea that decriminalization and...

Materni on Minimalist Criminal Law

Mike C. Materni has posted The 100-Plus Year Old Case for a Minimalist Criminal Law (Sketch of a General Theory of Substantive Criminal Law) (18 (3) New Crim. L. Rev (July 2015, Forthcoming)) on SSRN. Here is the abstract: Criminal...

Atwell on Social Media Evidence in Criminal Child Support Prosecutions

Maureen Atwell has posted The Use of Social Media Evidence in Criminal Child Support Prosecutions (7 Phoenix L. Rev. 1 (2013)) on SSRN. Here is the abstract: This article provides an overview of the prosecution of criminal child support cases,...

Meltsner on "A Wild Justice"

Michael Meltsner (Northeastern University - School of Law) has posted On the Virtues of A Wild Justice (New England Law Review, Vol. 48, No. 4, pp. 683-690 (2014)) on SSRN. Here is the abstract: In this book review of Evan...

"Judge denies request for new grand jury in Ferguson case"

The story is at Jurist: A request to St. Louis County Judge Maura McShane for a new grand jury review of the case against Ferguson police officer Darren Wilson for the fatal shooting of teenager Michael Brown has been denied...

Margulies on Military or Civilian Courts for Suspected Terrorists?

Peter Margulies (Roger Williams University School of Law) has posted Detained Suspected Terrorists: Trial in Military Courts or Civilian Courts? (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: Military commissions, like detention in wartime,...

Forcese & Roach on a Terrorism Glorification Offense

Craig Forcese and Kent Roach (University of Ottawa - Common Law Section and University of Toronto - Faculty of Law) has posted Terrorist Babble & the Limits of Law: Assessing a Prospective Canadian Terrorism Glorification Offence on SSRN. Here is...

"Retired Judge Nancy Gertner on sexual assault investigations on campus"

Eugene Volokh at The Volokh Conspiracy links to and excerpts this article, "[a] very interesting and thoughtful article . . . by the author of “In Defense of Women: Memoirs of an Unrepentant Advocate,” among other things sharply criticizing Harvard’s...

"Puzzling Death of a Prosecutor Grips Argentina"

From The New York Times: Police sentries guarded the federal prosecutor’s luxury high-rise building. His door on the 13th floor had been locked from the inside, and a gun with a spent cartridge was found on the floor near his...

Opinion permitting appointment of counsel in capital case after missed deadline

The Court issued the per curiam opinion in Christeson v. Roper. Justice Alito, joined by Justice Thomas, dissented.

Ogorodova & Spronken on Legal Advice in Police Custody in Europe

Anna Ogorodova and Taru Spronken (Maastricht University and Maastricht University) have posted Legal Advice in Police Custody: From Europe to a Local Police Station (Erasmus Law Review, Vol. 7, No. 4, 2014) on SSRN. Here is the abstract: In October...

"Rule of Law 1, Outrageous Police Power 0: Eric Holder limits asset-seizure “equitable sharing” program"

David Post has this post at The Volokh Conspiracy. In part: [R]esponding to a growing wave of public outrage, outgoing Attorney General Eric Holder announced yesterday that he is discontinuing, effective immediately, the DOJ’s “Equitable Sharing” program, which allowed state...

Next week's criminal law/procedure argument

Issue summary is from ScotusBlog, which also links to papers: Wednesday Rodriguez v. U.S.: Whether an officer may extend an already completed traffic stop for a canine sniff without reasonable suspicion or other lawful justification.

Schuman on Sentencing Rules and Standards

Jacob Schuman has posted Sentencing Rules and Standards: How We Decide Criminal Punishment on SSRN. Here is the abstract: Over the course of the past 300 years, American sentencing policy has alternated between “determinate” and “indeterminate” systems of deciding punishment....

Gouseti on Psychological Distance and Fear of Crime

Ioanna Gouseti (London School of Economics & Political Science - Department of Methodology) has posted Psychological Distance and the Fear of Crime (In Chadee, D., (2015). Psychology of Fear, Crime and the Media. International Perspectives. Routledge, Forthcoming) on SSRN. Here...

"Ending the Correctional Free Lunch"

Jack Chin (Davis) has this piece at Jotwell, discussing W. David Ball, Defunding State Prisons, 50 Crim. L. Bull. 1060 (2014). In part: Professor W. David Ball has outlined a fundamental pathology of American criminal justice policy and offered a...

Baude on Marijuana Federalism

William Baude (University of Chicago - Law School) has posted State Regulation and the Necessary and Proper Clause (Case Western Reserve Law Review, Vol. 65, 2015) on SSRN. Here is the abstract: The new marijuana federalism is here, but is...

Lapp on DNA for Delinquency

Kevin Lapp (Loyola Law School Los Angeles) has posted DNA for Delinquency: Compulsory DNA Collection and a Juvenile's Best Interest (14 U. Md. L.J. Race, Religion, Gender & Class 50 (2014)) on SSRN. Here is the abstract: Thirty states and...

Gerstein & Prescott on Policing Public Order Without Criminal Law

Charlie Gerstein and J.J. Prescott (New York Southern District Court and University of Michigan Law School) have posted Policing Public Order Without the Criminal Law (The Future of Criminal Law? (2014) (Robina Institute of Criminal Law and Criminal Justice, University...

Gurney on Autonomous Vehicles

Jeffrey K. Gurney (University of South Carolina - School of Law) has posted Driving Into the Unknown: Examining the Crossroads of Criminal Law and Autonomous Vehicles (5 Wake Forest J. L. & Pol'y, 2015, Forthcoming) on SSRN. Here is the...

Rosenthal on Sexual Assaults in the Military

Marc Edward Rosenthal has posted Where is the Justice? The Sexual Assault Crisis Plaguing the Military and a Lack of Meaningful Justice (4 U. MIAMI NAT'L SEC. & ARMED CONFLICT L. REV. 295 (2014)) on SSRN. Here is the abstract:...

Opinion holding that "forced-accompaniment" enhancement applies to modest movements

Justice Scalia delivered the opinion for the unanimous Court in Whitfield v. United States.

Lamparello on Third-Party Doctrine

Adam Lamparello (Indiana Tech - Law School) has posted City of Los Angeles v. Patel: The Upcoming Supreme Court Case No One is Talking About on SSRN. Here is the abstract: Focusing solely on whether a hotel owner has a...

Jackson on Legitimate Authority

Jonathan Jackson (London School of Economics & Political Science - Department of Methodology) has posted On the Dual Motivational Force of Legitimate Authority (Forthcoming, Jackson, J. (2015). ‘On the Dual Motivational Force of Legitimate Authority’, in Bornstein, B. H. and...

Lynch & Haney on Mock Capital Jury Deliberations

Mona Lynch and Craig Haney (University of California, Irvine - Department of Criminology, Law and Society and University of California, Santa Cruz - Department of Psychology) have posted Emotion, Authority, and Death: (Raced) Negotiations in Mock Capital Jury Deliberations (Law...

Kaye et al. on DNA as Evidence in the Courtroom

David H. Kaye , Frederick R. Bieber and Damir Primorac (The Pennsylvania State University Dickinson School of Law , Independent and Primorac & Partners) have posted DNA as Evidence in the Courtroom (Forensic DNA Applications: An Interdisciplinary Perspective 509-25 (Dragan...

Breger on Violence Against Women

Melissa L. Breger (Albany Law School) has posted Transforming Cultural Norms of Sexual Violence Against Women (Journal of Research in Gender Studies, Volume 4(2), 2014, pp. 39–51) on SSRN. Here is the abstract: A version of these remarks was delivered...

Williams & Kaye on Ethical Issues in Forensic Genetics

Erin D. Williams and David H. Kaye (MITRE Corporation and The Pennsylvania State University Dickinson School of Law) have posted Some Ethical Issues in Forensic Genetics (Forensic DNA Applications: An Interdisciplinary Perspective 527-37 (Dragan Primorac & Moses Schanfield eds. 2014))...

"Collateral Consequences in 2015"

Lucian Dervan has this post at White Collar Crime Prof Blog. In part: As we move into 2015, the ABA continues to work on the ABA National Inventory of Collateral Consequences of Conviction, a database with which every attorney should...

Fine et al. on Rule Conditionality, Deterrence and Compliance

Adam Dupree Fine , Benjamin van Rooij , Yuval Feldman , Shaul Shalvi , Eline Scheper ,Margarita Leib and Elizabeth Cauffman (University of California, Irvine - Department of Psychology and Social Behavior , University of California, Irvine School of LawUniversity...

"Victim rights' back-story at heart of new Cassell-Dershowitz blood feud"

Doug Berman at Sentencing Law & Policy has this post, excerpting this article.

Sealy-Harrington on Advance Consent

Joshua Sealy-Harrington (University of Calgary) has posted Tied Hands? A Doctrinal and Policy Argument for the Validity of Advance Consent (Canadian Criminal Law Review/Revue canadienne de droit pénal, Vol. 18, 2014) on SSRN. Here is the abstract: In R. v....

Edgely on Mental Health Courts

Michelle Edgely (University of New England (Australia) - School of Law) has posted Why Do Mental Health Courts Work? A Confluence of Treatment, Support & Adroit Judicial Supervision (37 International Journal of Law & Psychiatry 572-580) on SSRN. Here is...

"Ferguson grand juror sues, seeking right to speak about his reactions to the evidence"

Eugene Volokh has this post at The Volokh Conspiracy: Missouri law generally forbids grand jurors from discussingthe evidence that they heard, their own votes, or what the state argued, and this is a part of a longstanding tradition of grand...

McSweeney on Pardoning in Medieval England

Thomas J. McSweeney (William & Mary Law School) has posted The King's Courts and the King's Soul: Pardoning as Almsgiving in Medieval England (40 Reading Medieval Studies 159 (Special Issue: Law's Dominion: Medieval Studies for Paul Hyams), 2014) on SSRN....

McDonald on Gender Conforming Bodies

Elisabeth McDonald (Victoria University of Wellington - Faculty of Law) has posted Response to Mark Masterson: Gender Conforming Bodies: Consent, Sexuality and the Criminal Law (Michael Hemmingsen and J L Shaw (eds) Meaning and Identity: An Interdisciplinary Perspective (Society for...

Sarch on Knowledge, Recklessness and the Connection Requirement Between Actus Reus and Mens Rea

Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Knowledge, Recklessness and the Connection Requirement Between Actus Reus and Mens Rea on SSRN. Here is the abstract: It is a foundational, but underappreciated principle...

Medwed on Innocence Controversies

Daniel S. Medwed (Northeastern University - School of Law) has posted The Age of Innocence at Maturity (Reviewing Sarah Lucy Cooper, Ed., Innocence Controversies in America (2014)) (Criminal Law and Criminal Justice Books (Nov. 2014)) on SSRN. Here is the...

"Hinckley won't face new charges in Reagan press secretary's death"

From CNN.com: Hinckley faced charges related to Brady's shooting during his 1982 trial, but was found not guilty by reason of insanity. "Because the jury conclusively made this finding, the government would be precluded now from arguing that Hinckley was...

"Maryland Governor Commutes Death Sentences Emptying Death Row"

From The New York Times: Scott D. Shellenberger, the Baltimore County state’s attorney, criticized Mr. O’Malley’s decision, which he described as “not unexpected.” . . . Maryland last executed an inmate in 2005, about a year before the State Court...

"Illinois Governor signs new eavesdropping law"

From Jurist: The Illinois eavesdropping law is a controversial measure within Illinois' government and the national judicial system. In early December, the Illinois general assembly[official website] passed [ACLU report] the most recent eavesdropping legislation. In 2012 the US Court of...