"Second Circuit grants rehearing in Ganias computer search and seizure case"

Orin Kerr has this post at The Volokh Conspiracy. In part: Big news in the field of computer search and seizure today: The Second Circuit has granted rehearing in the full case of United States v. Ganias, the blockbuster case...

"Will New Bipartisan Criminal Justice Reform Plan Fly?"

Doug Berman at Sentencing Law & Policy excerpts this article by Ted Gest at Crime Report. In part: As support for criminal justice reform has spread, many states have left the federal government behind when it comes to reducing their...

"Long Taught to Use Force, Police Warily Learn to De-escalate"

From The New York Times: Across the country, police departments from Seattle to New York and Dallas to Salt Lake City are rethinking notions of policing that have held sway for 40 years, making major changes to how officers are...

Azmat on Mistake of Law

Ahson Azmat has posted What Mistake of Law Just Might Be: Legal Moralism, Liberal Positivism, and the Mistake of Law Doctrine (18 New. Crim. L. Rev. 3 (2015)) on SSRN. Here is the abstract: This Article examines and evaluates a...

"Google eavesdropping tool installed on computers without permission"

FourthAmendment.com links to this article in The Guardian. In part: Privacy campaigners and open source developers are up in arms over the secret installing of Google software which is capable of listening in on conversations held in front of a...

"Ignorance of the law is no excuse — or is it?"

Orin Kerr has this post at The Volokh Conspiracy discussing the Supreme Court's recent analogue drug case. In part: The more the element is the core of the crime, the more it seems like the norm that ignorance of the...

Mayer & Patti on Morality and Criminal Justice Reform

Seth Mayer and Italia Patti (Auburn University and West Virginia University College of Law) have posted Beyond the Numbers: Toward a Moral Vision for Criminal Justice Reform (Drake Law Review Discourse, Forthcoming) on SSRN. Here is the abstract: The diverse...

Sargeant on Corporate Manslaughter

Christopher Sargeant has posted 'Two Steps Forward, One Step Back' - The Cautionary Tale of the Corporate Manslaughter and Corporate Homicide Act 2007 (1 UK L. Students' Rev. 1 2012-2013, 14 Seoul National University Public Interest and Human Rights Law...

Schulhofer on An International Right to Privacy

Stephen Schulhofer (New York University School of Law) has posted An International Right to Privacy? Be Careful What You Wish For on SSRN. Here is the abstract: Nations now have unprecedented capacity to spy on global communication, and yet they...

Elvy on Spousal Rape

Stacy-Ann Elvy (New York Law School) has posted A Postcolonial Theory of Spousal Rape: The Caribbean and Beyond (Michigan Journal of Gender & Law, Vol. 22, No. 1, 2015) on SSRN. Here is the abstract: Many postcolonial states in the...

Roberts on Expunging America's Rap Sheet

Jenny Roberts (American University, Washington College of Law) has posted Expunging America's Rap Sheet in the Information Age (Wisconsin Law Review, Vol. 2, No. 321, 2015) on SSRN. Here is the abstract: As the Wall Street Journal recently put it,...

Ellman & Ellman on The Court's Sex Crime Statistics

Ira Mark Ellman and Tara Ellman (Arizona State University College of Law and Independent) have posted 'Frightening and High': The Frightening Sloppiness of the High Court's Sex Crime Statistics on SSRN. Here is the abstract: This brief essay reveals that...

Hofer on Ranking Drug Harms

Paul Jeffrey Hofer (Sentencing Resource Counsel Project) has posted Ranking Drug Harms for Sentencing Policy on SSRN. Here is the abstract: Unidimensional rankings comparing the harmfulness of different drugs have been criticized as too simplistic for policy making. A type...

Agan & Prescott on Sex Offender Law and the Geography of Victimization

Amanda Y. Agan and J.J. Prescott (Princeton University - Department of Economics and University of Michigan Law School) have posted Sex Offender Law and the Geography of Victimization (Journal of Empirical Legal Studies Vol. 11, No 4, December 2014) on...

MacDonald et al. on Police Surges

John MacDonald , Jeffrey Fagan and Amanda Geller (University of Pennsylvania - Jerry Lee Center of Criminology , Columbia Law School and NYU Department of Sociology) have posted The Effects of Local Police Surges on Crime and Arrests in New...

Vasiu & Vasiu on Credit Card Fraud

Ioana Vasiu and Lucian Vasiu (Babes-Bolyai University - Faculty of Law and Independent) have posted Riders on the Storm: An Analysis of Credit Card Fraud Cases (Suffolk Journal of Trial & Appellate Advocacy, Vol. XX, pp. 184-217, 2015) on SSRN....

Bartlett et al. on Crimes Caused by Prescription Drugs

Francesca Bartlett , Wayne Hall and Adrian Carter (The University of Queensland - T.C. Beirne School of Law , University of Queensland, Australia and The University of Queensland - T.C. Beirne School of Law) have posted Case and Comment. Tasmania...

Love on the MPC's Provisions on Collateral Consequences in the Sentencing Process

Margaret Colgate Love has posted Managing Collateral Consequences in the Sentencing Process: The Revised Sentencing Articles of the Model Penal Code (Wisconsin Law Review, p. 247, 2015) on SSRN. Here is the abstract: The debased legal status that results from...

Setty on Terrorism and Crime

Sudha Setty (Western New England University School of Law) has posted Assessing Unconventional Applications of the 'Terrorism' Label (Forthcoming in The War on Terror & Beyond: Moving from Military Action to Civil Rights, Satvinder Juss and Clive Walker, eds. (Univ....

Taeuber on Implementing Padilla

Stacy Taeuber (University of Wisconsin Law School) has posted Realizing the Promise of Padilla Through a Law School/Public Defender Collaboration (Wisconsin Law Review, p. 339, 2015) on SSRN. Here is the abstract: The Supreme Court's 2010 decision in Padilla v....

Strutin on DNA Without Warrant

Ken Strutin has posted DNA Without Warrant: Decoding Privacy, Probable Cause and Personhood (Richmond Journal of Law and Public Interest, Vol. 18, No. 3, p. 319, 2015) on SSRN. Here is the abstract: An arrest is not a medical procedure...

Chen & Nomura on Racial and Ethnic Sentencing Disparities

Elsa Y. Chen and Kevin Nomura (Santa Clara University and University of Michigan Law School) has posted And Justice for All? Racial and Ethnic Sentencing Disparities in California's Federal Drug Sentencing (California Journal of Politics and Policy, Volume 7, Number...

Murphy on Authorized Crimes

Brendon Murphy (University of the Sunshine Coast - School of Law) has posted Retrospective on Ridgeway: Governing Principles of Controlled Operations (38(1) Criminal Law Journal 38) on SSRN. Here is the abstract: In Australian law there are few law enforcement...

Berry on Implementing Just Mercy

William W. Berry III (University of Mississippi School of Law) has posted Implementing Just Mercy (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: This book review essay explores the connection between Bryan Stevenson's recent book, "Just Mercy: A...

Schulhofer on Client Choice for Indigents

Stephen Schulhofer (New York University School of Law) has posted Client Choice for Indigent Criminal Defendants: Theory and Implementation (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: With rare exceptions, existing systems for effectuating the...

Arlen on Pretrial Diversion Agreements and the Rule of Law

Jennifer Arlen (New York University School of Law) has posted Prosecuting Beyond the Rule of Law: Corporate Mandates Imposed Through Pretrial Diversion Agreements on SSRN. Here is the abstract: U.S. corporate criminal enforcement policy encourages prosecutors to substitute pretrial diversion...

Abramson on Jury Democracy

Jeffrey Abramson (University of Texas at Austin) has posted Four Models of Jury Democracy (Chicago-Kent Law Review, Vol. 90, No. 3, 2015) on SSRN. Here is the abstract: This article proposes a theory of “representative deliberation” to describe the democratic...

SpearIt on Downsizing Imprisonment

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Economic Interest Convergence in Downsizing Imprisonment (University of Pittsburgh Law Review, Vol. 25, 2014) on SSRN. Here is the abstract: This Essay employs a variation of the “interest...

Schlanger on Solitary Confinement

Margo Schlanger (University of Michigan Law School) has posted Against Solitary Confinement: Jonah's Redemption and Our Need for Mercy (Rutgers Journal of Law and Religion, Vol. 16, 345, 2015) on SSRN. Here is the abstract: This is an exercise in...

Laguardia on Torture and the Criminal Law

Francesca Laguardia (Montclair State University) has posted Imagining the Unimaginable: Torture and the Criminal Law (Columbia Human Rights Law Review, Vol. 46, No. 3, 2015) on SSRN. Here is the abstract: This article examines use of torture by the U.S....

Opinion requiring more than negligence to punish for threat

The Chief Justice delivered the opinion of the Court in Elonis v. United States on statutory grounds. Justice Alito concurred in part and dissented in part. Justice Thomas dissented.