Berger on Deference and Glossip v. Gross

Eric Berger (University of Nebraska at Lincoln - College of Law) has posted Gross Error (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: Glossip v. Gross epitomizes judicial deference gone berserk. In rejecting an Eighth Amendment challenge to...

Berger on Deference and Glossip v. Gross

Eric Berger (University of Nebraska at Lincoln - College of Law) has posted Gross Error (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: Glossip v. Gross epitomizes judicial deference gone berserk. In rejecting an Eighth Amendment challenge to...

Case forbidding pretrial restraint of untainted assets needed to retain counsel

Justice Breyer announced the judgment of the Court in Luis v. United States in an opinion joined by the Chief Justice and Justices Ginsburg and Sotomayor. Justice Thomas concurred in the judgment. Justice Kennedy filed a dissenting opinion joined by...

Case forbidding pretrial restraint of untainted assets needed to retain counsel

Justice Breyer announced the judgment of the Court in Luis v. United States in an opinion joined by the Chief Justice and Justices Ginsburg and Sotomayor. Justice Thomas concurred in the judgment. Justice Kennedy filed a dissenting opinion joined by...

Puppe & Wright on Causation

Ingeborg Puppe and Richard W. Wright (University of Bonn - Department of Law and Illinois Institute of Technology - Chicago-Kent College of Law) have posted Causation in the Law: Philosophy, Doctrine and Practice (Forthcoming in The Common Core of European...

Puppe & Wright on Causation

Ingeborg Puppe and Richard W. Wright (University of Bonn - Department of Law and Illinois Institute of Technology - Chicago-Kent College of Law) have posted Causation in the Law: Philosophy, Doctrine and Practice (Forthcoming in The Common Core of European...

Murray on The Tyranny of Small Things

Yxta Maya Murray (Loyola Law School Los Angeles) has posted The Tyranny of Small Things (Michigan Journal of Race & Law, Forthcoming) on SSRN. Here is the abstract: This legal-literary essay recounts a day I spent watching criminal sentencings in...

Murray on The Tyranny of Small Things

Yxta Maya Murray (Loyola Law School Los Angeles) has posted The Tyranny of Small Things (Michigan Journal of Race & Law, Forthcoming) on SSRN. Here is the abstract: This legal-literary essay recounts a day I spent watching criminal sentencings in...

Sarma on Evolving Standards of Decency

Bidish Sarma (University of California, Berkeley School of Law) has posted How Hall V. Florida Transforms the Supreme Court's Eighth Amendment Evolving Standards of Decency Analysis (UCLA Law Review, Vol. 62, No. Discourse, 2014) on SSRN. Here is the abstract:...

Silver on Intent Reconceived

Jay Sterling Silver (St. Thomas University - School of Law) has posted Intent Reconceived (Iowa Law Review, Vol. 101, 2015) on SSRN. Here is the abstract: This piece builds the foundation of a new paradigm in legal intent that advances...

Henderson on Property, Penality, and (Racial) Profiling

Taja-Nia Y. Henderson (Rutgers School of Law - Newark) has posted Property, Penality, and (Racial) Profiling (12 Stanford Journal of Civil Rights & Civil Liberties 177 (2016)) on SSRN. Here is the abstract: This Article historicizes societal associations of “blackness”...

Henderson & Ferguson on A Fourth Amendment for Constitutional Curmudgeons

Stephen E. Henderson and Andrew Guthrie Ferguson (University of Oklahoma College of Law and University of the District of Columbia - David A. Clarke School of Law) have posted LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons (Ohio State Journal...

Ghappour on Law Enforcement Jurisdiction on the Dark Web

Ahmed Ghappour (UC Hastings College of the Law) has posted Searching Places Unknown: Law Enforcement Jurisdiction on the Dark Web on SSRN. Here is the abstract: The use of hacking tools by law enforcement to pursue criminal suspects who have...

Hadjikyprianou on Corporate Manslaughter

George C. Hadjikyprianou has posted Corporate Manslaughter and Corporate Homicide Act 2007: A 'Cadmean Victory' or a Worthwhile Reform? (White Collar Crime Journal Vol 10, Issue 10, March 15, 2016) on SSRN. Here is the abstract: There is no doubt...

Wilt on Federal Corporate Criminal Prosecution Agreements

Michael Patrick Wilt has posted Who Watches the Watchmen? Accountability in Federal Corporate Criminal Prosecution Agreements (American Journal of Criminal Law, Vol. 43, Issue 1, 2016 (Forthcoming)) on SSRN. Here is the abstract: The Department of Justice entered into hundreds...

The Continuing Saga of the ALI and Affirmative Consent

The advisory group to the ALI is meeting this week about the most recent revisions to the draft. I've posted on SSRN a short piece analyzing the most recent changes, Like Snow to the Eskimos and Trump to the Republican...

Bechtel et al. on Pretrial Decisions

Kristin Bechtel , Alexander Holsinger , Christopher T Lowenkamp and Madeline Warren (Crime and Justice Institute at Community Resources for Justice , University of Missouri - Kansas City , AO US Courts Probation and Pretrial Services Office and Johnson County...

Silbert et al. on The Costs of Wrongful Convictions, Error, and Failed Prosecutions

Rebecca Silbert , John Hollway and Darya Larizadeh (University of California, Berkeley , University of Pennsylvania Law School - Quattrone Center for the Fair Administration of Justice and University of California, Berkeley) have posted Criminal Injustice: A Cost Analysis of...

Robertson et al. on An Empirical Investigation of Quid Pro Quo Corruption

Christopher T. Robertson , D. Alex Winkelman , Kelly Bergstrand and Darren Modzelewski (University of Arizona - James E. Rogers College of Law , University of Arizona - James E. Rogers College of Law , University of Texas at Arlington...

Kaplan on Rape Beyond Crime

Margo Kaplan (Rutgers Law School) has posted Rape Beyond Crime (66 Duke Law Journal (2017)) on SSRN. Here is the abstract: Public health experts agree that sexual violence constitutes a significant public health issue. Yet criminal law dominates rape law...

Smith on The Privilege for Law Enforcement Techniques

Stephen W. Smith (Texas Southern University - Thurgood Marshall School of Law) has posted Policing Hoover's Ghost: The Privilege for Law Enforcement Techniques (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Various legal doctrines have been devised...

Levine on Prosecuting the Police

Kate Levine (New York University School of Law) has posted How We Prosecute the Police (Georgetown Law Journal, Vol. 104, 2016, Forthcoming) on SSRN. Here is the abstract: Police brutality is at the center of a growing national conversation on...

Wilkes on Habeas Corpus

Donald E. Wilkes Jr. (University of Georgia Law School) has posted The Great Writ in the Peach State: Georgia Habeas Corpus, 1865-1965 (Journal of Southern Legal History, Vol. 22, 2014) on SSRN. Here is the abstract: There is a plenitude...

Pillsbury on Homicides of Black Victims

Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Black Lives Matter: Reviewing Jill Leovy, Ghettoside: A True Story of Murder in America (Spiegel & Grau 2015) (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the...

Vagle on Police Militarization, Race, and Algorithmic Surveillance

Jeffrey L. Vagle (University of Pennsylvania Law School) has posted Tightening the OODA Loop: Police Militarization, Race, and Algorithmic Surveillance on SSRN. Here is the abstract: This Article examines the role military automated surveillance and intelligence systems and techniques have...

Crump on Surveillance Policy Making by Procurement

Catherine Crump (UC Berkeley, School of Law) has posted Surveillance Policy Making by Procurement on SSRN. Here is the abstract: The Seattle police obtained a surveillance drone with the approval of a city council that did not realize what it...

Brenig & Proeger on Putting a Price Tag on Security

Mattheus Brenig and Till Proeger (University of Goettingen (Gottingen) and University of Goettingen (Gottingen)) have posted Putting a Price Tag on Security: Subjective Well-Being and Willingness-to-Pay for Crime Reduction in Europe on SSRN. Here is the abstract: Using information on...

Blume & Vann on The Death Penalty in South Carolina

John H. Blume III and Lindsey S. Vann (Cornell University - Law School and Justice 360) have posted Forty Years of Death: The Past, Present, and Future of the Death Penalty in South Carolina (Or Still Arbitrary after All These...

MacLean et al. on Battered Women Under Duress

Jason MacLean , Nadia Verrelli and Lori Chambers (Lakehead University - Bora Laskin Faculty of Law , Laurentian University and Lakehead University) have posted Battered Women Under Duress: The Supreme Court of Canada's Abandonment of Context and Purpose in R....

Sigler on Punishment and the Limits of Evolutionary Analysis

Mary Sigler (Arizona State University - College of Law) has posted Punishment and the Limits of Evolutionary Analysis (Ohio State Journal of Criminal Law, Vol. 13, No. 1, 2015) on SSRN. Here is the abstract: This is a review essay...

Call for Papers: Theorizing Criminal Law Reform

The conference organized by Rutgers Law School, the London School of Economics Department of Law, and the Rutgers Institute for Law and Philosophy, will be held April 21-22, 2017, at Rutgers Law School, Newark. Abstracts are due by May 15,...

Sigler on Equity, Not Mercy

Mary Sigler (Arizona State University - College of Law) has posted Equity, Not Mercy (The New Philosophy of Criminal Law (Flanders & Hoskins, eds. 2016)) on SSRN. Here is the abstract: In a variety of criminal justice settings, the term...

Rosenberg & Rosenberg on American and Talmudic Criminal Law

Irene Merker Rosenberg and Yale L. Rosenberg (University of Houston, Law Center (deceased) and University of Houston, Law Center (deceased)) have written Comparative American and Talmudic Criminal Law, now posted on SSRN. Here is the abstract: Comparative American and Talmudic...