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...