Fox & Stein on Dualism and Doctrine

Dov Fox and Alex Stein (University of San Diego: School of Law and Yeshiva University - Benjamin N. Cardozo School of Law) have posted Dualism and Doctrine (Philosophical Foundations of Law and Neuroscience 105-136 (Michael Pardo & Dennis Patterson ed.,...

Currie on Electronic Devices at the Border in Canada

Robert J. Currie (Dalhousie University - Schulich School of Law) has posted Electronic Devices at the Border: The Next Frontier of Canadian Search and Seizure Law? on SSRN. Here is the abstract: Over the last several years the Supreme Court...

"Spotlighting the travesty of how the Eleventh Circuit is handling Johnson claims"

Doug Berman has this post at Sentencing Law & Policy, excerpting a recent Bloomberg commentary by Noah Feldman. From the excerpt: In one of the last cases that he authored before he died in February, Justice Antonin Scalia convinced his...

Grewal on The Rule of Lenity in Tax Cases

Andy Grewal (University of Iowa - College of Law) has posted Why Lenity Has No Place in the Income Tax Laws (Missouri Law Review, Forthcoming) on SSRN. Here is the abstract: A controversy has emerged over how to interpret statutes...

"Australia PM proposes strict anti-terror legislation"

From Jurist: JURIST - Australia PM proposes strict anti-terror legislation Australian Prime Minister Malcolm Turnbull [official website] on Monday proposed new counter-terrorism legislation [press release] that would allow for indefinite detention. Turnbull announced plans to introduce Counter-Terrorism Legislation Amendment Bill...

Grosso et al. on Conversation Analysis of Voir Dire

Catherine M. Grosso, Barbara O'Brien, Abijah Taylor and Richard E. Lucas (Michigan State University College of Law, Michigan State University - College of Law, Michigan State University - College of Law and Michigan State University) have posted Examining Jurors: Using...

van der Wilt on Transnational and Internatiional Organised Crime

Harmen G. van der Wilt (University of Amsterdam - Faculty of Law) has posted Expanding Criminal Responsibility in Challenging Transnational and International Organised Crime (Groningen Journal of International Law, Vol. 4, No. I, 2016) on SSRN. Here is the abstract:...

Macfarlane on Utah v. Strieff's Impact

Katherine Macfarlane has posted Predicting Utah v. Strieff's Civil Rights Impact on SSRN. Here is the abstract: The Supreme Court's recent Utah v. Strieff decision, which declined to apply the exclusionary rule to evidence seized as a result of an...

Brennan-Marquez on Private Searches and Big Data

Kiel Robert Brennan-Marquez has posted Private Searches in the Age of Big Data on SSRN. Here is the abstract: Dragnet surveillance is the bogeyman of Fourth Amendment law. But in today's world, much dragnet surveillance - particularly related to data...

Green on Prostitution

Stuart P. Green (Rutgers Law School) has posted What Counts as Prostitution? (Bergen Journal of Criminal Law and Criminal Justice, Volume 4, Issue 1, Pp. 184-202, 2016) on SSRN. Here is the abstract: What counts, or should count, as prostitution?...

Kleck et al. on Gun Control and Violent Crime

Gary Kleck, Tomislav Victor Kovandzic and Jon Bellows (Florida State University College of Criminology and Criminal Justice, University of Alabama at Birmingham - Department of Justice Sciences and 18th Judicial District of North Carolina) have posted Does Gun Control Reduce...

"Texas Governor announces Police Protection Act"

From Jurist: Texas Governor Greg Abbott announced[press release] on Monday that he plans to propose a law providing for additional punishment for crimes against law enforcement officers. The proposed Police Protection Act (PPA) would extend hate crime protections to law...

"Calling 911 from a phone to obtain its number does not 'search' it, court rules"

Orin Kerr has this post at The Volokh Conspiracy. In part: I don't think that reasoning works, as it's mixing up two different questions: (1) whether calling from the phone is a search of the phone, and (2) whether, once...

Plesnicar on Why People Stop Offending

Mojca Mihelj Plesničar (Institute of Criminology at Ljubljana Faculty of Law) has posted Why Do People Stop Offending? Recent Theories on Desistance and Their Value in Practical Approaches to Offenders (Zbornik znanstvenih razprav, 75 (2015), pp. 191-212) on SSRN. Here...

"Federal appeals court rules Microsoft may protect customers' e-mails"

From Jurist: JURIST - Federal appeals court rules Microsoft may protect customers' e-mails The US Court of Appeals for the Second Circuit [official website] ruled [opinion, PDF] Thursday that Microsoft [corporate website] is not required to hand over customers' e-mails...

Aldape et al. on Rethinking "Death Row"

Celina Aldape, Ryan Cooper, Katherine Haas, Xionan April Hu, Jessica Hunter, Shelle Shimizu, Johanna Kalb and Judith Resnik (Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students, Yale University,...

Zhao on Sorcery Crimes in China

Xiaohuan Zhao (University of Sydney, Department of Chinese Studies) has posted Sorcery Crimes, Laws, and Judicial Practice in Traditional China (Australian Journal of Asian Law, Vol. 17, No. 1, Article 1, 2016) on SSRN. Here is the abstract: Wugu is...

Jain on Prosecuting Collateral Consequences

Eisha Jain (University of North Carolina School of Law) has posted Prosecuting Collateral Consequences (Georgetown Law Journal, Vol. 104, 2016) on SSRN. Here is the abstract: Criminal law scholars have long agreed that prosecutors wield vast and largely unreviewable discretion...

"One constitutional Brady doctrine, four different applications"

Jonathan Abel has this useful post at The Volokh Conspiracy. In part: Brady governs all criminal trials, state and federal, and federal constitutional law trumps all state laws to the contrary. Nonetheless, in some jurisdictions, state laws and local policies...

Hessick on Refining Child Pornography Law

Carissa Byrne Hessick (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted Introduction: Refining Child Pornography Law: Crime, Language, and Social Consequences (Michigan Univ. Press 2016) on SSRN. Here is the abstract: This is a...

"Reducing police abuses by reducing the number of hostile interactions between police and civilians"

Ilya Somin has this post at The Volokh Conspiracy, extensively excerpting an October column from the New York Times in which Harvard economist Sendhil Mullainathan explained reasons other than racism to explain police killings of African-Americans. Much of the post...

Dimock on Criminalizing Dangerousness

Susan Dimock (York University) has posted Criminalizing Dangerousness: How to Preventively Detain Dangerous Offenders (Criminal Law and Philosophy, September 2015, Volume 9, Issue 3, pp 537-560) on SSRN. Here is the abstract: I defend a form of preventive detention through...

"Germany adopts law expanding the definition of sex crimes"

From Jurist: The German parliament [official website] unanimously passed a law [law, PDF, german] Thursday expanding the definition of sex crimes, making any form of nonsensical sexual contact a crime. The new "no means no" law [Reuters report] protects victims...

"Bill Cosby's Challenge to Criminal Case Fails"

From The New York Times: Until recently in Pennsylvania, a witness like Ms. Constand would have had to testify at a preliminary hearing. But a state appellate court ruling last year allowed for wider use of hearsay evidence, meaning that...

Husak on Legality and Legal Moralism

Douglas Husak (Rutgers, The State University of New Jersey - Department of Philosophy) has posted What's Legal About Legal Moralism? on SSRN. Here is the abstract: If legal moralism posits a normative connection between culpable wrongdoing and punishment, what should...

Lerman on Sentencing Drug Couriers

Kevin E. Lerman has posted Couriers Not Kingpins: Toward a More Just Federal Sentencing Regime for Defendants Who Deliver Drugs (6 UC Irvine L. Rev. (2017 Forthcoming)) on SSRN. Here is the abstract: After decades of tweaking and modification, the...

"Is the Supreme Court Clueless About Corruption? Ask Jack Abramoff"

From The New York Times: To many observers, the court essentially said that a politician can be found guilty of corruption only if the government can definitively show an official “quo” in response to a benefactor's “quid” - a very...

"Canada Supreme Court overturns drug charges due to trial delay"

From Jurist: The Supreme Court of Canada [official website] on Thursday overturned [decision] a man's drug possession and trafficking conviction because he had been made to wait too long for his trial. The man, Shane Vassal, had waited three years...

"Serial's Adnan Syed to Receive New Trial"

From Baltimore Magazine: In issuing the decision, Welch cited deficiencies in Syed's legal defense as the reason for the new trial, saying his attorney, "rendered ineffective assistance when she failed to cross-examine the state's expert regarding the reliability of cell...

Galbally on Regulation of the Canadian Sex Industry

Phoebe Joan Galbally (University of Melbourne, Law School, Students) has posted Playing the Victim: A Critical Analysis of Canada's Bill C-36 from an International Human Rights Perspective (Melbourne Journal of International Law, Vol. 17, Forthcoming) on SSRN. Here is the...

Buckingham on Trauma Informed Juvenile Justice

Samantha Buckingham (Loyola Law School - Center for Juvenile Law and Policy) has posted Trauma Informed Juvenile Justice (53 American Criminal Law Review 641 (2016)) on SSRN. Here is the abstract: The juvenile justice system fails to account for the...