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...

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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...