Monday 22 February 2016
Tanovich on Rap Lyrics in Criminal Cases
David M. Tanovich (University of Windsor - Faculty of Law) has posted R v Campbell: Rethinking the Admissibility of Rap Lyrics in Criminal Cases ((2016) 24 Criminal Reports (7th) 27-43) on SSRN. Here is the abstract: R v Campbell is...
Friday 19 February 2016
Zatz on Criminal Enforcement of Child Support Obligations
Noah Zatz (University of California, Los Angeles (UCLA) - School of Law) has posted A New Peonage?: Pay, Work, or Go to Jail in Contemporary Child Support Enforcement and Beyond (Seattle University Law Review, Vol. 39, No. 3, 2016) on...
Thursday 18 February 2016
Garvey on Authority, Freedom, and the Guilty Mind
Stephen P. Garvey (Cornell Law School) has posted Authority, Freedom, and the Guilty Mind on SSRN. Here is the abstract: Imagine an actor who commits a crime in thrall to a powerful desire. Think, for example, about those we call...
Wednesday 17 February 2016
Johnson on Causation after Burrage
Eric Alan Johnson (University of Illinois College of Law) has posted Cause-in-Fact After Burrage v. United States (Florida Law Review, Vol. 68, 2016 Forthcoming) on SSRN. Here is the abstract: What significance, if any, should state courts assign to the...
Tuesday 16 February 2016
Stenning & Shearing on Private Policing
Philip Stenning and Clifford Shearing (Griffith University and Griffith Institute of Criminology) have posted The Quiet Revolution: The Nature, Development and General Legal Implications of Private Policing in Canada (Criminal Law Quarterly, 22: 220-248) on SSRN. Here is the abstract:...
Monday 15 February 2016
Terzian on The Fifth Amendment and Encryption
Dan Terzian has posted The Micro-Hornbook on the Fifth Amendment and Encryption (Georgetown Law Journal Online, 2016, Forthcoming) on SSRN. Here is the abstract: This Micro-Hornbook objectively analyzes whether and how the government may compel you to provide access to...
Perlin & Lynch on Criminology, Scientific Discoveries and the Criminal Process
Michael L. Perlin and Alison J. Lynch (New York Law School and Disability Rights New York) have posted 'In the Wasteland of Your Mind': Criminology, Scientific Discoveries and the Criminal Process (Virginia Journal of Criminal Law, Forthcoming) on SSRN. Here...
Wednesday 10 February 2016
Patel on Crime in the Evolved Digital Age
Anar Patel (Arizona Prosecuting Attorneys' Advisory Council) has posted Crime in the Evolved Digital Age (Journal of Technology Law & Policy, Vol. 20, 2015) on SSRN. Here is the abstract: This Article examines computer crime statutes and focuses on their...
Tuesday 9 February 2016
Plummer & Syed on Wrongful Convictions Based on Outdated Science
Caitlin M. Plummer and Imran J. Syed (Wisconsin Innocence Project and Michigan Innocence Clinic) have posted 'Shifted Science' Revisited: Percolation Delays and the Persistence of Wrongful Convictions Based on Outdated Science (Cleveland State Law Review, Vol. 64, 2016) on SSRN....
Monday 8 February 2016
Green & Yaroshefsky on Prosecutorial Accountability
Bruce A. Green and Ellen Yaroshefsky (Fordham University School of Law and Yeshiva University - Benjamin N. Cardozo School of Law) have posted Prosecutorial Accountability 2.0 on SSRN. Here is the abstract: This article examines prosecutors' accountability for professional misconduct....
Friday 5 February 2016
Chapman & MacLean on Sexsomnia
Frances E. Chapman and Jason MacLean (Lakehead University - Faculty of Law and Lakehead University - Bora Laskin Faculty of Law) have posted Parasomnia, Sexsomnia, and Automatism in R. v. Hartman ((2015) 21 Criminal Reports 299) on SSRN. Here is...
Thursday 4 February 2016
"Utah v. Strieff and the future of the exclusionary rule"
Orin Kerr has this post at ScotusBlog previewing an upcoming oral argument. In part: Formally speaking, Utah v. Strieff considers the scope of the Fourth Amendment's exclusionary rule when an illegal stop leads to the discovery of public information that...
Wednesday 3 February 2016
Bernstein on Penile Plethysmography Testing and Supervised Release
Max B Bernstein (Fordham University, School of Law, Students) has posted Erectile Dysfunction in Our Courts: Arousing Interest in Eliminating Mandated Penile Plethysmography Testing as a Condition of Supervised Release (Fordham Law Review, Forthcoming) on SSRN. Here is the abstract:...
Tuesday 2 February 2016
Lamparello & Swann on Refusing Consent to a Warrantless Blood Test
Adam Lamparello and Cynthia G Swann (Indiana Tech - Law School and Indiana Tech - Law School) have posted Birchfield v. North Dakota: Why the United States Supreme Court Should Rely on Riley v. California to Hold that Criminalizing a...
Monday 1 February 2016
Brown on Judicial Power to Regulate Plea Bargaining
Darryl K. Brown (University of Virginia School of Law) has posted Judicial Power to Regulate Plea Bargaining (William & Mary Law Review, Vol. 57, No. 102, 2016) on SSRN. Here is the abstract: Plea bargaining in the United States is...
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