Kahan on Emotion in Criminal Law

Dan M. Kahan (Yale University - Law School) has posted Two Conceptions of Two Conceptions of Emotion in Criminal Law: An Essay Inspired by Bill Stuntz (prepublication draft of Kahan, D. M. (2011). Two Conceptions of Two Conceptions of Emotion...

Kerr on An Economic Understanding of Search and Seizure Law

Orin S. Kerr (The George Washington University Law School) has posted An Economic Understanding of Search and Seizure Law (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: This article uses economic concepts to understand the function...

Dervan on White Collar Sentencing

Lucian E. Dervan (Southern Illinois University School of Law) has posted Sentencing the Wolf of Wall Street: From Leniency to Uncertainty (Wayne Law Review, Vol. 61, No. 1, 2015) on SSRN. Here is the abstract: This Symposium Article, based on...

Weisburd et al. on Problem-Oriented Policing

David L. Weisburd , Cody W. Telep , Joshua C. Hinkle and John E. Eck (Hebrew University of Jerusalem , George Mason University , University of Maryland and University of Cincinnati) have posted Is Problem-Oriented Policing Effective in Reducing Crime...

Ewing et al. on The Criminalization of Immigration

Walter A. Ewing , Daniel E. Martinez and Rubén G. Rumbaut (American Immigration Council , George Washington University - Department of Sociology and University of California, Irvine - Department of Sociology) have posted The Criminalization of Immigration in the United...

Seidman on Substitute Arguments in Constitutional Law

Louis Michael Seidman (Georgetown University Law Center) has posted Substitute Arguments in Constitutional Law on SSRN. Here is the abstract: In this article, I argue that that substitution is crucial to our practice of constitutional law. Of course, if one...

Corn on Encrypted Data

Geoffrey S. Corn (South Texas College of Law) has posted Averting the Inherent Dangers of 'Going Dark': Why Congress Must Require a Locked Front Door to Encrypted Data on SSRN. Here is the abstract: "Going dark" refers to the current...

Tashbook on Living in a Vehicle

Linda Tashbook (University of Pittsburgh School of Law) has posted Living in a Vehicle (JURIST - Academic Commentary, June 26, 2014) on SSRN. Here is the abstract: Nothing offends constitutional sensibilities quite like a local ordinance that sets police against...

Ferzan on Moore on Self Defense

Kimberly Kessler Ferzan (University of Virginia, School of Law) has posted Self Defense: Tell Me Moore (Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore (Kimberly Kessler Ferzan and Stephen J. Morse eds., Oxford University Press), Forthcoming) on...

Lazaro on Criminal Financial Abuse of the Elderly

Christine Lazaro (St. John's University - School of Law) has posted Financial Abuse of the Elderly (PIABA 21st Annual Meeting Materials) on SSRN. Here is the abstract: As of 2010, more than 10 percent of the population is aged 65...

Weisburd & Telep on Place-Based Policing

David L. Weisburd and Cody W. Telep (Hebrew University of Jerusalem and George Mason University) have posted The Efficiency of Place-Based Policing on SSRN. Here is the abstract: In this chapter we argue that place based policing is not only...

Solan & Dahmen on Legal Indeterminacy in the Spoken Word

Lawrence M. Solan and Silvia Dahmen (Brooklyn Law School and University of Cologne) have posted Legal Indeterminacy in the Spoken Word on SSRN. Here is the abstract: A great deal is written about difficulties in construing legal texts. Much less...

Heyman on Proportionality and Accomplice Liability

Michael Heyman (The John Marshall Law School) has posted Losing All Sense of Proportion: The Peculiar Law of Accomplice Liability (St. John's Law Review , Vol. 87, p. 129, Winter 2013) on SSRN. Here is the abstract: A teenage boy...

Goodmark et al. on Gender Violence

Leigh Goodmark , Juanita Flores , Julie Goldscheid , Andrea Ritchie and SpearIt (University of Maryland Francis King Carey School of Law , Independent , CUNY School of Law , Independent and Texas Southern University - Thurgood Marshall School of...

SpearIt on Financial Obligations Beyond Sentence

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Shackles Beyond the Sentence: How Legal Financial Obligations Create a Permanent Underclass (1 Impact 46 (2015)) on SSRN. Here is the abstract: This essay argues that legal financial...

Eck & Weisburd on Crime Places in Crime Theory

John E. Eck and David L. Weisburd (University of Cincinnati and Hebrew University of Jerusalem) have posted Crime Places in Crime Theory (Crime and Place: Crime Prevention Studies, 4 (pp. 1-33)) on SSRN. Here is the abstract: Criminologists and crime...

Meyn on The Lightness of the Prosecutor's Burden

Ion Meyn (University of Wisconsin Law School) has posted The Lightness of the Prosecutor's Burden on SSRN. Here is the abstract: Given a prosecutor’s demanding burden of proof, most people believe the prosecutor has a tougher time winning a case...

Smith & Vasquez on Crime and Vigilance

Lones Smith and Jorge Vásquez (University of Wisconsin at Madison - Department of Economics and University of Wisconsin at Madison - Department of Economics) have posted Crime and Vigilance on SSRN. Here is the abstract: This paper develops a novel...

Gruber on Distributional Analysis in Critical Criminal Law Theorizing

Aya Gruber (University of Colorado Law School) has posted When Theory Met Practice: Distributional Analysis in Critical Criminal Law Theorizing (Fordham Law Review, Vol. 83, No. 3211, 2015) on SSRN. Here is the abstract: Progressive (critical race and feminist) theorizing...

Gilbert, Guinn & Reppucci on Race, Socioeconomic Status, and Blame

Elizabeth A Gilbert , Alexander D. Guinn and Dick Reppucci (University of Virginia , University of Virginia and University of Virginia (UVA) - Psychology) have posted Race and SES Interact to Influence Blame Judgments on SSRN. Here is the abstract:...

Kugler & Strahilevitz on Surveillance Duration and Privacy Expectations

Matthew B. Kugler and Lior Strahilevitz (University of Chicago - Law School and University of Chicago Law School) have posted Surveillance Duration Doesn't Affect Privacy Expectations: An Empirical Test of the Mosaic Theory on SSRN. Here is the abstract: In...

Podgor & Dervan on Categorizing White Collar Crime

Ellen S. Podgor and Lucian E. Dervan (Stetson University College of Law and Southern Illinois University School of Law) have posted 'White Collar Crime': Still Hazy After All These Years (Georgia Law Review, Vol. 50, No. 3, 2016 Forthcoming) on...

Boni-Saenz on Sexuality and Incapacity

Alexander A. Boni-Saenz (Chicago-Kent College of Law) has posted Sexuality and Incapacity (Ohio State Law Journal, Vol. 76, 2015, Forthcoming) on SSRN. Here is the abstract: Sexual incapacity doctrines are perhaps the most important form of sexual regulation, as they...

Sherrin on Earwitness Evidence

Christopher Sherrin (University of Western Ontario Faculty of Law) has posted Earwitness Evidence: The Reliability of Voice Identifications (Osgoode Hall Law Journal, Vol. 52(3), 2015, Forthcoming) on SSRN. Here is the abstract: This article discusses the reliability of non-expert voice...

Dusek on Simpler Criminal Procedure

Libor Dusek (University of Economics in Prague) has posted The Effects of a Simpler Criminal Procedure on Criminal Case Outcomes: Evidence from Czech District-Level Data on SSRN. Here is the abstract: The paper estimates the effects of a simpler criminal...

Parness on Illinois Crime Victim Restitution

Jeffrey A. Parness (Northern Illinois University - College of Law) has posted The New Illinois Constitutional Crime Victim Restitution Right: A Revolutionary Amendment? (27 DCBA Brief 26 (July 2015)) on SSRN. Here is the abstract: Before 1992, any crime victim...

Yin on Congressional Violations of Taxpayer Privacy

George K. Yin (University of Virginia School of Law) has posted Preventing Congressional Violations of Taxpayer Privacy (Tax Lawyer, Forthcoming) on SSRN. Here is the abstract: This article claims that the U.S. House Ways & Means Committee violated the law...

Sosnov on Brady Rights and Remedies

Leonard Sosnov (Widener University - School of Law) has posted Brady Reconstructed: An Overdue Expansion of Rights and Remedies (New Mexico Law Review, Vol. 45, No. 1, 2014) on SSRN. Here is the abstract: Over fifty years ago, the Supreme...

Alkon on Defense Discovery in Plea Bargaining

Cynthia Alkon (Texas A&M University School of Law) has posted The Right to Defense Discovery in Plea Bargaining Fifty Years After Brady v. Maryland (New York University Review of Law & Social Change, Vol. 38, No. 407, 2014) on SSRN....

Kerr on Use Restrictions on Nonresponsive Data

Orin S. Kerr (The George Washington University Law School) has posted Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data (Texas Tech Law Review (Forthcoming)) on SSRN. Here is the abstract: This article considers how the...

Rothstein on Confrontation and Opinion Writing

Paul F. Rothstein (Georgetown University Law Center) has posted two pieces on SSRN. The first is A Comment on the Supreme Court's Decision in Ohio v. Clark: The Court's Confrontation Clause Jurisprudence Evolves. Here is the abstract: In Ohio v....

Tubex on Contemporary Penal Policies

Hilde Tubex (University of Western Australia - Faculty of Law) has posted Contemporary Penal Policies (Oxford Handbooks Online (Oxford University Press, 2014)) on SSRN. Here is the abstract: This article provides an overview of the literature leading comparative penological research....

Clark on Cell Phone Searches

William Clark has posted Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment's Particularity Requirement, and Search Protocols for Cell Phone Search Warrants (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: In 2014, in...

Campbell & Walker on Pathological Error

Kathryn M. Campbell and Clive Walker (University of Ottawa and University of Leeds - Centre for Criminal Justice Studies (CCJS)) have posted Pathological Error: Reacting to the Limits of Expertise in Legal Process (Law & Justice Review, Year III, Issue...

Kitchen on Mothers, the State, and Domestic Violence

Rona Kaufman Kitchen (Duquesne University - School of Law) has posted Constrained Choice: Mothers, The State, and Domestic Violence (Temple Political & Civil Rights Law Review, Vol. 24, No. 4, 2015) on SSRN. Here is the abstract: Mothers who are...

Duff on Legal Reasoning, Good Citizens, and the Criminal Law

R. A. Duff (University of Minnesota Law School) has posted Legal Reasoning, Good Citizens, and the Criminal Law on SSRN. Here is the abstract: As part of a larger project on the various roles that citizens of a democratic polity...

"MIT report: Government encryption access poses security risk"

From Jurist: A group of leading computer scientists at theComputer Science and Artificial Intelligence Laboratory at MIT[academic website] on Monday published a paper[text, PDF; press release] criticizing the US and UK governments for seeking the redesign of internet systems to...

"Gun-Shaped iPhone Case ‘Is a Terrible Idea,’ Police Officials Warn"

From The New York Times: In what appeared to be the first remarks on the issue by a federal legislator, Senator Chuck Schumer said Tuesday that sales of the cases might be illegal and urged online retailers, including Amazon and...

"HRW to US: Adopt new criminal justice reform bill"

Jurist has the story. In part: Human Rights Watch (HRW) [advocacy website] on Thursday said that the SAFE Justice Act, a US criminal justice reform bill introduced in June, could better protect prisoners' rights and increase fairness in federal prison...

Ridley on Police Officers as Gang Sociology Experts

Magdalena Ridley has posted Down by Law: Police Officers as Gang Sociology Experts (Criminal Law Bulletin, Vol. 52, Issue 4, 2016, Forthcoming) on SSRN. Here is the abstract: Are police officers experts in sociology? In California gang trials, they are....

Herr & Romanosky on Cyber Crime

Trey Herr and Sasha Romanosky (George Washington University - Department of Political Science and Carnegie Mellon University - Heinz College of Information Systems and Public Policy) have posted Cyber Crime: Security Under Scarce Resources (American Foreign Policy Council Defense Technology...

Duff & Marshall on "Remote Harms," "Abstract Endangerment," and the Two Harm Principles

R. A. Duff and S. E. Marshall (University of Minnesota Law School and Independent) have posted 'Remote Harms', 'Abstract Endangerment', and the Two Harm Principles (Liberal Criminal Theory: Essays for Andreas von Hirsch, A. P. Simester, et al (eds), Oxford:...

"Court rules NSA may temporarily resume metadata collection"

The story is at Jurist: The Foreign Intelligence Surveillance Court [official website]ruled [opinion, PDF] Monday that the National Security Agency(NSA) [official website] may temporarily resume its program of systematically collecting Americans' phone data in bulk. The program lapsed on June...

States Snub Execution Drug Approved by Supreme Court

The story is in The New York Times. In part: Experts in lethal-injection law said some states were reluctant to turn to the drug in part because of its involvement in high-profile executions last year in Oklahoma, Ohio and Arizona...