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:...

Scoggins & O'Brien on China's Unhappy Police

Suzanne E. Scoggins and Kevin J. O'Brien (University of California, Berkeley - Charles and Louise Travers Department of Political Science and University of California, Berkeley - Charles and Louise Travers Department of Political Science) have posted China's Unhappy Police (Asian...

Husak on Hart on Punishment

Douglas Husak (Rutgers, The State University of New Jersey - Department of Philosophy) has posted A Framework for Punishment: What is the Insight of Hart’s Prolegomenon? on SSRN. Here is the abstract: I try to identify what H.L.A. Hart got...

Walen on Proof Beyond a Reasonable Doubt

Alec D. Walen (Rutgers School of Law, Camden) has posted Proof Beyond a Reasonable Doubt: A Balanced Retributive Account on SSRN. Here is the abstract: The standard of proof in criminal trials in many liberal democracies is proof beyond a...

Ingram on Order Maintenance Policing

Andrew Ingram (Department of Philosophy UT Austin) has posted Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing (Berkeley Criminal Law Journal, Vol. 19, No. 2, 2014). Here is the abstract: Today, there is a family...

Otey on RICO and Extraterritoriality

Melvin L Otey (Faulkner University - Thomas Goode Jones School of Law) have posted Why Rico's Extraterritorial Reach is Properly Coextensive with the Reach of its Predicates (Hofstra Journal of International Business and Law, 2015) on SSRN. Here is the...

Bowling & Marks on Stop and Search

Ben Bowling and Estelle Marks (King's College London – The Dickson Poon School of Law and University of Oxford - Centre for Criminology) have posted Stop and Search: Towards a Transnational and Comparative Approach (Police Powers and Criminal Justice: Examining...

Roach & Forcese on Advocating or Promoting Terrorism

Kent Roach and Craig Forcese (University of Toronto - Faculty of Law and University of Ottawa - Common Law Section) have posted Bill C-51 Backgrounder #1: The New Advocating or Promoting Terrorism Offence on SSRN. Here is the abstract: In...

Steussy et al. on Microbial Forensics

Edwin Eugene Steussy , Jonathan Eisen , Edward J. Imwinkelried and Anne-Mieke Vandamme (Orrick, Herrington and Sutcliffe , UC Davis Genome Center , University of California, Davis - School of Law and University of Leuven, Department of Microbiology and Immunology)...

Hovenkamp on Neoclassical Legal Thought

Herbert J. Hovenkamp (University of Iowa - College of Law) has posted The Opening of American Law: Neoclassical Legal Thought, 1870-1970: Epilogue (Oxford, 2015) on SSRN. Here is the abstract: The Opening of American Law examines changes in American legal...

Kramer on Torture Warrants

Matthew H. Kramer (Churchill College, Cambridge University) has posted Alan Dershowitz's Torture-Warrant Proposal: A Critique on SSRN. Here is the abstract: One major set of issues pertaining to the legal regulation of torture is centered on the question whether the...

Vance on Prosecutors and Social Media

Emily Vance has posted Should Prosecutors Blog, Post, or Tweet?: The Need for New Restraints in Light of Social Media (Fordham Law Review, 2015) on SSRN. Here is the abstract: Prosecutors’ out-of-court statements to the press and the public at...

Howlin on The Role of Irish Jurors

Niamh Howlin (Sutherland School of Law, University College Dublin) has posted Irish Jurors: Passive Observers or Active Participants? ((2014) 35(2) Journal of Legal History 143-171) on SSRN. Here is the abstract: What was the role played by jurors in civil...

Sheehy et al. on Battered Women Charged with Homicide

Elizabeth A. Sheehy , Julie Stubbs and Julia Tolmie (University of Ottawa - Common Law Section , University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland) have posted Securing Fair Outcomes for Battered Women...

Levine, Turner & Wright on Evidence Laundering and the Exclusionary Rule

Kay L. Levine , Jenia Iontcheva Turner and Ronald F. Wright (Emory University School of Law , Southern Methodist University - Dedman School of Law and Wake Forest University - School of Law) have posted Evidence Laundering: How Herring Made...

Mitchell on Deferred Corporate Prosecution

Lawrence E. Mitchell (Case Western Reserve University School of Law) has posted Deferred Corporate Prosecution as Corrupt Regime: The Case for Prison on SSRN. Here is the abstract: This paper looks at the growing phenomenon of deferred corporate criminal prosecutions...

"Hundreds Protest Fatal Police Shooting in Washington"

From The New York Times: About 500 people gathered at a park to protest the death of Antonio Zambrano-Montes, 35, who was killed Tuesday after three officers chased him through a busy intersection with their guns drawn. As he turned...

Death penalty news

Jurist has two pieces: Pennsylvania governor announces death penalty moratorium Mississippi House approves bill to make execution details secret

Billauer on Daubert

Barbara P. Billauer (Institute of World Politics) has posted Dumping Daubert, Popping Popper and Falsifying Falsifiability: A Re-Assessment of First Principles on SSRN. Here is the abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or...

Alper on The Execution Drug Shortage

Ty Alper (University of California, Berkeley) has posted The United States Execution Drug Shortage: A Consequence of Our Values (Brown Journal of World Affairs, 2014) on SSRN. Here is the abstract: The recent inability of states to obtain drugs for...

Kochan on Bubbles

Donald J. Kochan (Chapman University, The Dale E. Fowler School of Law) has posted Bubbles (Or, Some Reflections on the Basic Laws of Human Relations) (26 Fordham Environmental Law Review 133 (2015)) on SSRN. Here is the abstract: Very few...

Easteal et al. on Media Portrayals of Violence Against Women

Patricia L. Easteal , Keziah Judd and Kate Holland (University of Canberra - Faculty of law , University of Canberra and University of Canberra - Faculty of Arts and Design) have posted Enduring Themes and Silences in Media Portrayals of...

Low & Johnson on The Vocabulary of Vagueness

Peter W. Low and Joel S. Johnson (University of Virginia - School of Law and University of Virginia - School of Law, Alumnus or Degree Candidate Author) have posted Changing the Vocabulary of the Vagueness Doctrine on SSRN. Here is...

Garrett on The Corporate Criminal as Scapegoat

Brandon L. Garrett (University of Virginia School of Law) has posted The Corporate Criminal as Scapegoat on SSRN. Here is the abstract: A corporation is no scapegoat, assures the Department of Justice, because the first priority is to prosecute culpable...

Buckley et al. on Cooperating with the State

Noah Buckley , Timothy Frye , Scott Gehlbach and Lauren McCarthy (Columbia University - Department of Political Science , Columbia University - Department of Political Science , University of Wisconsin-Madison and University of Massachusetts Amherst) have posted Cooperating with the...

Logan on Disagreement Among State and Federal Courts on the Constitution

Wayne A. Logan (Florida State University - College of Law) has posted A House Divided: When State and Lower Federal Courts Disagree on Federal Constitutional Rights (Notre Dame Law Review, Vol. 90, No. 235, 2014) on SSRN. Here is the...

Doleac on The Effects of DNA Databases on Crime

Jennifer L. Doleac (University of Virginia (UVA) - Frank Batten School of Leadership and Public Policy) has posted The Effects of DNA Databases on Crime on SSRN. Here is the abstract: Since 1988, every US state has established a database...

Call for papers: The Rule of Law and Violence Against Children

A38 and A CONTRARIO will be hosting a joint online legal symposium on, "The Rule of Law in addressing Violence against Children: Success or Failure?" This symposium seeks to publish papers which answers this questions and related questions related to...

Blume & Wendel on Ethical Challenges for Capital Representation after Martinez v. Ryan

John H. Blume III and W. Bradley Wendel (Cornell University - Law School and Cornell University - School of Law) have posted Coming to Grips with the Ethical Challenges for Capital Post-Conviction Representation Posed by Martinez v. Ryan on SSRN....

Baker on Baldus

James E. Baker has posted The Master Mason: How Professor Baldus Built a Bridge from Learning to Law and the Legacy of Equal Justice He Leaves Behind (Iowa Law Review, Vol. 97, pp. 1871-1877, 2012) on SSRN. Here is the...

Strange et al. on Errors in Alibis

Deryn Strange , Jennifer Dysart and Elizabeth F. Loftus (CUNY, John Jay College of Criminal Justice , CUNY, John Jay College of Criminal Justice and University of California, Irvine - Department of Psychology and Social Behavior) have posted Why Errors...

Larkin on Marijuana and Drugged Driving

Paul J. Larkin Jr. (The Heritage Foundation) has posted Medical or Recreational Marijuana and Drugged Driving (American Criminal Law Review, Vol. 52, No. 3, 2015) on SSRN. Here is the abstract: Beginning in the 1920s and lasting for seventy years,...

Alschuler on Bribery

Albert W. Alschuler (University of Chicago Law School) has posted Criminal Corruption: Why Broad Definitions of Bribery Make Things Worse on SSRN. Here is the abstract: Although the law of bribery may look profoundly under-inclusive, the push to expand it...

Low & Wood on Lambert Revisited

Peter W. Low and Benjamin Charles Wood (University of Virginia - School of Law and University of Virginia - School of Law, Alumnus or Degree Candidate Author) has posted Lambert Revisited (Virginia Law Review, Vol. 100 (2014)) on SSRN. Here...

Robst et al. on Mental Health and Juvenile Justice

John Robst , Mary Armstrong and Norin Dollard (University of South Florida , University of South Florida and University of South Florida) have posted The Intersection of Mental Health and Juvenile Justice for Youth with and without Trauma on SSRN....

Biale on Reasonableness in Habeas

Noam Biale has posted Beyond a Reasonable Disagreement: Judging Habeas Corpus (Forthcoming, University of Cincinnati Law Review, Vol. 83, No. 4, 2015) on SSRN. Here is the abstract: This Article addresses ongoing confusion in federal habeas corpus doctrine about one...

Richardson & Goff on Interrogating Racial Violence

L. Song Richardson and Phillip Atiba Goff (University of California, Irvine School of Law and UCLA Department of Psychology) have posted Interrogating Racial Violence (Ohio State Journal of Criminal Law, Vol. 12, No. Fall, 2014) on SSRN. Here is the...