Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

are here. The usual disclaimers apply. Rank Downloads Paper Title 1 519 The Extraordinary Trajectory of Griffin v. California: The Aftermath of Playing Fifty Years of Scrabble with the Fifth Amendment James J. Duane Regent University - School of Law...

Death Penalty Symposium at Washington & Lee

The annual Lara D. Gass Symposium at the Washington and Lee University School of Law will focus this year on the controversial case of Joseph M. Giarratano, using his story to explore the ethical, legal and public policy issues surrounding...

Gur-Arye on Moral Panic and Criminal Justice

Miriam Gur-Arye (Hebrew University of Jerusalem - Faculty of Law) has posted The Impact of Moral Panic on the Criminal Justice System – Hit and Run Traffic Offenses as a Case Study (New Criminal Law Review (2016)) on SSRN. Here...

Kolber on First Amendment Thought Protection

Adam J. Kolber (Brooklyn Law School) has posted Two Views of First Amendment Thought Privacy (University of Pennsylvania Journal of Constitutional Law, Forthcoming) on SSRN. Here is the abstract: For centuries, our thought privacy has been reasonably well protected by...

Bowman on Federal Sentencing Reform Legislation

Frank O. Bowman III (University of Missouri School of Law) has posted Good Enough to Be Getting on With? The State of Federal Sentencing Reform Legislation, December 2015 (Federal Sentencing Reporter, Vol. 28, No. 105, 2015) on SSRN. Here is...

"Will 'deal' with prosecutor sink Cosby case?"

From CNN.com: And it seems that the terms of the verbal agreement were that if Cosby gave up his constitutional rights and gave deposition testimony in a civil case, there would not be a criminal case against him. This is...

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

are here. The usual disclaimers apply. Rank Downloads Paper Title 1 142 The Constitution and Revenge Porn John A. Humbach Pace University School of Law Date posted to database: 22 Dec 2015 2 124 Neuroscience, Free Will, and Criminal Responsibility...

Aceves on Criminal Liability for Torture

William Aceves (California Western School of Law) has posted United States v. George Tenet: A Federal Indictment for Torture (New York University Journal of International Law and Politics (JILP), Vol. 48, No. 1, 2015) on SSRN. Here is the abstract:...

More Concerns Expressed about ALI’s “Affirmative Consent” Project by ALI Members

Last week, I posted about the latest iterations of the ALI’s draft provisions on sexual assault (the most recent of which was circulated in mid-December) and linked to my recent draft, Backpedalling in Place: The ALI’s Move from “Affirmative” to...

Yilmazkuday on Pro-Competitive Effects of Anti-Crime Laws

Hakan Yilmazkuday (Florida International University) has posted Pro-Competitive Effects of Anti-Crime Laws on SSRN. Here is the abstract: The fear of becoming a victim of crime imposes costs on individuals that act like barriers to retail trade. This paper attempts...

Opinion upholding capital sentencing instructions and proceedings

Justice Scalia delivered the opinion for the Court in Kansas v. Carr, concluding that the instructions in question did not suggest that mitigating factors must be found beyond a reasonable doubt and that no error occurred in holding a joint...

Weitzer on American Policing Under Fire

Ronald Weitzer (George Washington University - Department of Sociology) has posted American Policing Under Fire: Conflict & Reform (Society, Vol. 52 (2015): 475-480) on SSRN. Here is the abstract: A cluster of recent police killings of African American men has...

Broadhurst et al. on Recidivism by Homicide Offenders

Roderic Broadhurst , Ross Maller , Max Maller and Brigitte Bouhours (Australian National University (ANU) , Australian National University (ANU) - School of Finance and Applied Statistics , University of Western Australia - Faculty of Law and Australian National University...

Friday's criminal law/procedure cert grants

Issue summaries are from ScotusBlog, which also links to papers: McDonnell v. United States: the Court agreed to rule only on his claim that prosecutors used too expansive an interpretation of the “official acts” provision used in corruption cases under...

Lyon & Stolzenberg on Improving Child Interviewing

Thomas D. Lyon and Stacia N. Stolzenberg (University of Southern California - Gould School of Law and Arizona State University (ASU) - School of Criminology & Criminal Justice) have posted Repeated Self- and Peer-Review Leads to Continuous Improvement in Child...

Duane on Griffin v. California

James J. Duane (Regent University - School of Law) has posted The Extraordinary Trajectory of Griffin v. California: The Aftermath of Playing Fifty Years of Scrabble with the Fifth Amendment (Stanford Journal of Criminal Law and Policy, Vol. 3, p.1,...

Maple & Lang on Cyberstalking

Carsten Maple and Richard Lang (The University of Bedfordshire and University of Brighton - Faculty of Business) have posted Vulnerability, Victims and Free Movement: The Case of Cyberstalking on SSRN. Here is the abstract: The purpose of this short comment...

Grimmelmann on Consenting to Computer Use

James Grimmelmann (University of Maryland Francis King Carey School of Law) has posted Consenting to Computer Use (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: The federal Computer Fraud and Abuse Act (CFAA) makes it a crime...

Mungan on Reducing Crime Through Expungements

Murat C. Mungan (Florida State University - College of Law) has posted Reducing Crime Through Expungements on SSRN. Here is the abstract: Expungements reduce the visibility of a person's criminal record, and thereby reduce the informal sanctions that may be...

Gerber & Jackson on Public Support for Police Use of Force

Monica M. Gerber and Jonathan Jackson (London School of Economics & Political Science - Methodology Institute and London School of Economics & Political Science - Department of Methodology) have posted Justifying Violence: Legitimacy, Ideology and Public Support for Police Use...

Bhattacharjee on Poverty and Criminal Responsibility

Saurabh Bhattacharjee (West Bengal National University of Juridical Sciences (NUJS)) has posted Should Valjean Have Been Punished for Stealing Bread? Of Poverty and Criminal Responsibility (5 (Winter) Journal of Indian Law and Society 1 (2013)) on SSRN. Here is the...

This week's criminal law/procedure arguments

Issue summary is from ScotusBlog, which also links to papers: Tuesday Duncan v. Owens: Whether the Seventh Circuit violated 28 U.S.C. § 2254 and a long line of this Court's decisions by awarding habeas relief in the absence of clearly...

"Court to decide Johnson retroactivity"

Lyle Denniston has this post at ScotusBlog. In part: Taking on a case that potentially may lead to the release of hundreds — and maybe more — prison inmates, the Supreme Court on Friday afternoon agreed to consider extending to...

Ryan on Second-Look Sentencing

Meghan J. Ryan (Southern Methodist University - Dedman School of Law) has posted Taking Another Look at Second-Look Sentencing (Brooklyn Law Review, Forthcoming) on SSRN. Here is the abstract: A historically unprecedented number of Americans are currently behind bars. Our...

Schwartz & Metcalf on Third-Party Guilt Evidence

David S. Schwartz and Chelsey B. Metcalf (University of Wisconsin Law School and Foley & Lardner) have posted Disfavored Treatment of Third-Party Guilt Evidence (Wisconsin Law Review, 2016, Forthcoming) on SSRN. Here is the abstract: Forty-five states and ten federal...

Markovitz on Racial Stereotyping in Self-Defense Cases

Jonathan Markovitz has posted 'A Spectacle of Slavery Unwilling to Die': Curbing Reliance on Racial Stereotyping in Self-Defense Cases (UC Irvine Law Review Vol. 5, No. 873) on SSRN. Here is the abstract: Defendants claiming self-defense admit to having committed...

Sanger on Scientific Evidence

Robert M. Sanger (Santa Barbara College of Law) has posted A Scientific Approach to Scientific Evidence: A Four-Stage Rule for Admissibility and Scope (Utilizing Forensic Science in Criminal Cases, 2014 Edition, Thomson Reuters/Aspatore (2013), Westlaw: 2013 WL 5757941) on SSRN....

Dennis on Police Violence and the Child's Mind

Andrea Dennis (University of Georgia Law School) has posted Good Cop -- Bad Cop: Police Violence and the Child’s Mind (58 Howard Law Journal 811 (2015)) on SSRN. Here is the abstract: Police violence against citizens lately has gripped the...

Chapman on The Jury's Constitutional Judgment

Nathan S. Chapman (University of Georgia School of Law) has posted The Jury's Constitutional Judgment (Alabama Law Review, Vol. 67, p. 189, 2015) on SSRN. Here is the abstract: Despite the early American jury’s near-mythical role as a check on...

Sanger on Ethnic Adjustments to IQ Scores under Atkins

Robert M. Sanger (Santa Barbara College of Law) has posted IQ, Intelligence Tests, 'Ethnic Adjustments' and Atkins (American University Law Review, Vol. 65, No. 1, 2015) on SSRN. Here is the abstract: In Atkins v. Virginia the U.S. Supreme Court...