Saturday 30 April 2016

Gruber on Anti-Rape Culture

Aya Gruber (University of Colorado Law School) has posted Anti-Rape Culture (Kansas Law Review, Vol.64, 2016) on SSRN. Here is the abstract: This essay, written for the Kansas Law Review Symposium on Campus Sexual Assault, critically analyzes “anti-rape culture” ―...

Friday 29 April 2016

SpearIt on Muslim Hip Hop and Mass Incarceration

SpearIt (Texas Southern University - Thurgood Marshall School of Law) has posted Sonic Jihad - Muslim Hip Hop in the Age of Mass Incarceration (11 Florida Intl. L. Rev. 201 (2015)) on SSRN. Here is the abstract: This essay examines...

Thursday 28 April 2016

Joy & McMunigal on Researching Jurors' Presence on the Internet

Peter A. Joy and Kevin C. McMunigal (Washington University in Saint Louis - School of Law and Case Western Reserve University School of Law) have posted ABA Approves Researching Jurors' Public Presence on the Internet (Criminal Justice, Vol. 29, No....

Wednesday 27 April 2016

Pascoe on Death Penalty Research in Closed Systems

Daniel Pascoe (City University of Hong Kong (CityUHK) - School of Law) has posted Researching the Death Penalty in Closed or Partially-Closed Criminal Justice Systems (Mary Bosworth, Carolyn Hoyle and Lucia Zedner (eds) 2016, Changing Contours of Criminal Justice, Oxford...

Tuesday 26 April 2016

Mayer & Patti on Confronting Political Disagreement About Sentencing

Seth Mayer and Italia Patti (Auburn University and West Virginia University College of Law) have posted Confronting Political Disagreement About Sentencing: A Deliberative Democratic Framework (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: There is broad agreement...

Monday 25 April 2016

Hing on Disrupting Race-Based Policing

Bill Ong Hing (University of San Francisco - School of Law) has posted From Ferguson to Palestine: Disrupting Race-Based Policing (Howard Law Journal, Vol. 59, 2016 (Forthcoming)) on SSRN. Here is the abstract: Since Michael Brown's killing, “Ferguson” has become...

Friday 22 April 2016

Berman on Montgomery v. Louisiana

Douglas A. Berman (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted Montgomery's Messy Trifecta on SSRN. Here is the abstract: Montgomery v. Louisiana arrived at the Supreme Court at the intersection of three conceptually challenging...

Thursday 21 April 2016

Davis & Dudley on Families in Juvenile Defense Work after Miller v. Alabama

Peggy Cooper Davis and Richard G. Dudley (New York University Law School and Independent) have posted The Place of Families in Juvenile Defense Work after Miller v. Alabama (New England Journal on Criminal and Civil Confinement, Spring 2013) on SSRN....

Wednesday 20 April 2016

Court reverses sentence based on improper guideline range even though sentence fell within correct range

Justice Kennedy delivered the opinion for the Court in Molina-Martinez v. United States. Justice Alito, joined by Justice Thomas, filed an opinion concurring in part and concurring in the judgment

Tuesday 19 April 2016

Logan & Ferguson on Policing Criminal Justice Data

Wayne A. Logan and Andrew Guthrie Ferguson (Florida State University - College of Law and University of the District of Columbia - David A. Clarke School of Law) have posted Policing Criminal Justice Data (Minnesota Law Review, Forthcoming) on SSRN....

Monday 18 April 2016

Ohlin on Criminal Law Casebooks

Jens David Ohlin (Cornell University - School of Law) has posted The Changing Market for Criminal Law Casebooks (Michigan Law Review, Vol. 114, No. 6, 2016) on SSRN. Here is the abstract: In the following Review, I analyze the leading...

Sunday 17 April 2016

Kamin on Immigration, Marijuana Law Reform, and Prosecutorial Discretion

Sam Kamin (University of Denver Sturm College of Law) has posted Prosecutorial Discretion in the Context of Immigration and Marijuana Law Reform: The Search for a Limiting Principle (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the...

Friday 15 April 2016

Kohm & Haefner on Therapeutic Jurisprudence and Teen Courts

Lynne Marie Kohm and Alison R. Haefner (Regent University - School of Law and Regent University, School of Law, Students) have posted Empowering Love and Respect for Child Offenders Through Therapeutic Jurisprudence: The Teen Courts Example (Sociology and Anthropology 4(4):...

Thursday 14 April 2016

Miller on Puerto Rico and Double Jeopardy

Colin Miller (University of South Carolina School of Law) has posted Sovereign Impunity: Why Double Jeopardy Should Apply in Puerto Rico on SSRN. Here is the abstract: On January 13th, the United States heard oral arguments in Puerto Rico v....

Wednesday 13 April 2016

Froestad & Shearing on Uncoupling Justice from Punishment

Jan Froestad and Clifford Shearing (Bergen University College and Griffith Institute of Criminology) have posted Re-Imagining Justice from the Bottom Up (In: Carnelley, M. & Hoctor, S. Eds. Law, Order and Liberty: Essays in Honour of Tony Matthews. Scottsville: University...

Tuesday 12 April 2016

Picinali on Binary Verdicts and Theories of Punishment

Federico Picinali (London School of Economics & Political Science (LSE)) has posted Do Theories of Punishment Necessarily Deliver a Binary System of Verdicts? An Exploratory Essay on SSRN. Here is the abstract: Scholars writing on theories of punishment generally try...

Monday 11 April 2016

Froestad et al. on Re-Imagining Security and Risk

Jan Froestad , Clifford Shearing and Melani Van der Merwe (Bergen University College , Griffith Institute of Criminology and University of Cape Town (UCT)) have posted Criminology: Re-Imagining Security and Risk (In: Bourbeau, P. Ed. Security: Dialogue across Disciplines. Cambridge:...

Saturday 9 April 2016

Baughman on Subconstitutional Checks

Shima Baradaran Baughman (University of Utah - S.J. Quinney College of Law) has posted Subconstitutional Checks (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Constitutional checks are an important part of the American justice system. The Constitution...

Friday 8 April 2016

Mannheimer on The Two Mirandas

Michael Mannheimer (Northern Kentucky University - Salmon P. Chase College of Law) has posted The Two Mirandas on SSRN. Here is the abstract: Although the U.S. Supreme Court's decision in Miranda v. Arizona purported to set forth a clear, bright-line...

Thursday 7 April 2016

McGorrery on Facebook and Eyewitness Identifications

Paul McGorrery (Deakin University, Geelong, Australia - Deakin Law School) has posted The Limited Impact of Facebook and the Displacement Effect on the Admissibility of Identification Evidence ((2015) 39(4) Crim LJ 207-218) on SSRN. Here is the abstract: Eyewitness identification...

Wednesday 6 April 2016

Leo on Redefining Innocence

Richard A. Leo (University of San Francisco - School of Law) has posted Has the Innocence Movement Become an Exoneration Movement? The Risks and Rewards of Redefining Innocence (Daniel Medwed, ed., Innocent Reflections: A Quarter Century of DNA Exonerations (Cambridge...

Tuesday 5 April 2016

Petersilia on Realigning Corrections

Joan Petersilia (Stanford University) has posted Realigning Corrections, California Style (The Annals of the American Academy of Political and Social Science, Vol. 664, March 2016) on SSRN. Here is the abstract: California is currently implementing a prison downsizing experiment of...

Saturday 2 April 2016

Garrett & Stoughton on A Tactical Fourth Amendment

Brandon L. Garrett and Seth W. Stoughton (University of Virginia School of Law and University of South Carolina School of Law) have posted A Tactical Fourth Amendment (Virginia Law Review, Vol. 102, 2017, Forthcoming) on SSRN. Here is the abstract:...

Friday 1 April 2016

Greabe on Harmless Error

John Greabe (University of New Hampshire School of Law) has posted The Riddle of Harmless Error Revisited (Houston Law Review, Vol. 54, No. 1, 2016) on SSRN. Here is the abstract: Half a century ago, in Chapman v. California, the...

Greabe on Harmless Error

John Greabe (University of New Hampshire School of Law) has posted The Riddle of Harmless Error Revisited (Houston Law Review, Vol. 54, No. 1, 2016) on SSRN. Here is the abstract: Half a century ago, in Chapman v. California, the...