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...