Friday 30 September 2016

Fisk & Richardson on Police Unions

Catherine Fisk and L. Song Richardson (University of California, Irvine School of Law and University of California, Irvine School of Law) have posted Police Unions (George Washington Law Review, Vol. 85, Forthcoming) on SSRN. Here is the abstract: Perhaps no...

Thursday 29 September 2016

Bailey on Cyberbullying and Cyberviolence

Jane Bailey (University of Ottawa - Common Law Section) has posted Canadian Legal Approaches to 'Cyberbullying' and Cyberviolence: An Overview on SSRN. Here is the abstract: As early as the mid 1990s Canadian economic and social policy prioritized getting young...

Wednesday 28 September 2016

Gruber on Rape Law Revisited

Aya Gruber (University of Colorado Law School) has posted Rape Law Revisited (13 Ohio State Journal of Criminal Law 279 (2016)) on SSRN. Here is the abstract: This essay introduces the Ohio State Journal of Criminal Law Symposium, “Rape Law...

Tuesday 27 September 2016

Oosterhuis & Loughnan on Historical Perspectives on Forensic Psychiatry

Harry Oosterhuis and Arlie Loughnan (Maastricht University - Faculty of Arts and Social Sciences and University of Sydney - Faculty of Law) have posted Madness and Crime: Historical Perspectives on Forensic Psychiatry (International Journal of Law and Psychiatry, Vol. 37,...

Monday 26 September 2016

Woods on Assessing Time Served

Patrick Arthur Woods has posted Assessing Time Served (Cardozo Public Law, Policy and Ethics Journal, Vol. 15, No. 1, Forthcoming) on SSRN. Here is the abstract: This article examines the utility of a new way of determining when increased punishment...

Marder on Foster v. Chatman and the Peremptory Challenge

Nancy S. Marder (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Foster v. Chatman: A Missed Opportunity for Batson and the Peremptory Challenge on SSRN. Here is the abstract: In the 2015 Term, the United States Supreme...

Friday 23 September 2016

Shearing & Stenning on Modern Private Security

Clifford Shearing and Philip Stenning (Griffith Institute of Criminology and Griffith University) have posted Modern Private Security: Its Growth and Implications (In: Tonry, M. & Morris, N. Eds. Crime and Justice: An Annual Review of Research, Vol. 3. Chicago: University...

Thursday 22 September 2016

Loughnan on Veterans as Defendants

Arlie Loughnan (University of Sydney - Faculty of Law) has posted 'Society Owes Them Much': Veteran Defendants and Criminal Responsibility in Australia in the Twentieth Century (Critical Analysis of Law, Vol. 2, No. 1, pp. 106-134, 2015) on SSRN. Here...

Wednesday 21 September 2016

Vandevort on Implied Consent and Sexual Assault

Lucinda Vandervort (University of Saskatchewan) has posted Book Review ― Michael Plaxton, Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice. Montreal & Kingston: McGill-Queen's University Press, 2015 (Canadian Journal of Women and the Law, Forthcoming) on SSRN. Here...

Sweeney on Adultery and Fornication Laws

Joanne Sweeney (University of Louisville) has posted Undead Statutes: The Rise, Fall, and Continuing Uses of Adultery and Fornication Criminal Laws (46 Loy. U. Chi. L.J. 127 (2014)) on SSRN. Here is the abstract: Cohabitation is a reality for a...

Tuesday 20 September 2016

Ouziel on Jury Evaluation of Law Enforcement

Lauren M. Ouziel (Temple University - James E. Beasley School of Law) has posted Beyond Law and Fact: Jury Evaluation of Law Enforcement (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Criminal trials today are as much...

Green on Ethics for Death-Penalty Defense Lawyers

Bruce A. Green (Fordham University School of Law) has posted Should There Be a Specialized Ethics Code for Death-Penalty Defense Lawyers? (Georgetown Journal of Legal Ethics, Vol. 29, No. 527, 2016) on SSRN. Here is the abstract: State ethics codes...

Monday 19 September 2016

Crocker on Order, Technology, and the Constitutional Meanings of Criminal Procedure

Thomas P. Crocker (University of South Carolina School of Law) has posted Order, Technology, and the Constitutional Meanings of Criminal Procedure (Journal of Criminal Law and Criminology, Vol. 103, No. 3, 2013) on SSRN. Here is the abstract: This Article...

Friday 16 September 2016

Liivak on Criminal Patent Applications

Oskar Liivak (Cornell Law School) has posted Overclaiming is Criminal on SSRN. Here is the abstract: For some time patent law has been criticized for a flood of bad patents. Patents of questionable validity are being issued with broad often-nebulous...

Thursday 15 September 2016

Thomas on Corporations as Persons under the Criminal Law

W. Robert Thomas (Cleary Gottlieb Steen & Hamilton LLP) has posted When and How Corporations Became Persons under the Criminal Law, and Why It Matters Now on SSRN. Here is the abstract: The Supreme Court concluded in 1909 that a...

Wednesday 14 September 2016

Place on Post Conviction Developments In Pennsylvania

Thomas M. Place (Pennsylvania State University, Dickinson Law) has posted Post Conviction Developments in Pennsylvania on SSRN. Here is the abstract: The Post Conviction Relief Act ("PCRA" or "the Act") provides a procedure for defendants to collaterally challenge their conviction...

Tisdale on Constitutional Errors at Trial

Gavin R. Tisdale (University of Connecticut, School of Law, Students) has posted A New Look at Constitutional Errors in a Criminal Trial (Connecticut Law Review, Vol. 48, No. 5, July 2016) on SSRN. Here is the abstract: On appeal, an...

Tuesday 13 September 2016

Cohen on Benefit-Cost Analysis of Criminal Justice Policy

Mark A. Cohen (Vanderbilt University - Owen Graduate School of Management) has posted The 'Cost of Crime' and Benefit-Cost Analysis of Criminal Justice Policy: Understanding and Improving Upon the State-of-the-Art on SSRN. Here is the abstract: The use of benefit-cost...

Arlen & Kahan on Corporate Governance Regulation Through Non-Prosecution

Jennifer Arlen and Marcel Kahan (New York University School of Law and New York University School of Law) have posted Corporate Governance Regulation Through Non-Prosecution (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract: Over the last...

Monday 12 September 2016

Kamin on Legal Cannabis

Sam Kamin (University of Denver Sturm College of Law) has posted Legal Cannabis in the US: Not Whether But How? (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: The 2016 election promises to be a turning point...

Priel on Criminalization and Welfare

Dan Priel (York University - Osgoode Hall Law School) has posted Criminalization and Welfare (Criminalization: Domestic and International Perspectives (Neha Jain & François Tanguay Renaud eds., Oxford University Press, 2017 Forthcoming)) on SSRN. Here is the abstract: A standard view...

Friday 9 September 2016

Ramsey on The Stereotyped Domestic Violence Offender

Carolyn B. Ramsey (University of Colorado Law School) has posted The Stereotyped Offender: Domestic Violence and the Failure of Intervention (Penn State Law Review, Vol. 120, No. 2, pp. 337-420, 2015) on SSRN. Here is the abstract: Scholars and battered...

Koops on Cybercrime and Cyber-Terrorism

Bert-Jaap Koops (Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)) has posted Megatrends and Grand Challenges of Cybercrime and Cyber-Terrorism Policy and Research (in: B. Akhgar & B. Brewster (eds), Combatting Cybercrime and Cyberterrorism. Challenges, Trends and...

Thursday 8 September 2016

"The Difficulty Of Enforcing Laws Against Driving While High"

From Colorado Public Radio, courtesy of NACDL: McLean is a regular marijuana user but she insists she never drives while high. Still, the cop at the checkpoint tells her he smells marijuana and that her eyes are bloodshot. Eventually he...

Sachsida on Deterring Homicides in Brazil

Adolfo Sachsida, Mario Jorge Cardoso Mendonca, Tito Belchior Silva Moreira and Paulo R. A. Loureiro (Catholic University of Brasilia, Institute of Applied Economic Research (IPEA) - Directory of Macroeconomic Policy & Studies (DIMAC), Catholic University of Brasilia and University of...

Wednesday 7 September 2016

"Why Jerry Sandusky May Be Innocent"

This interesting story is at The Crime Report, addressing the extent to which the case was built on recovery of "repressed memories" and the problems with that approach, which of course are not limited to the Sandusky case. Hat tip:...

Tuesday 6 September 2016

Litman & Rahman on Beckles and AEDPA

Leah M Litman and Shakeer Rahman (University of California, Irvine School of Law and affiliation not provided to SSRN) have posted What Lurks Below Beckles (Northwestern University Law Review, Vol. 111, Forthcoming) on SSRN. Here is the abstract: The Supreme...

Stoughton on Warrior Cops and Guardian Officers

Seth W. Stoughton (University of South Carolina School of Law) has posted Principled Policing: Warrior Cops and Guardian Officers (Wake Forest Law Review, Forthcoming) on SSRN. Here is the abstract: Policing in the United States is in crisis. Public confidence...

Monday 5 September 2016

Sklansky on Elections of Prosecutors

David Alan Sklansky (Stanford University) has posted The Changing Political Landscape for Elected Prosecutors (Ohio State Journal of Criminal Law, Vol. 14, No. 2, Forthcoming) on SSRN. Here is the abstract: For years the only serious question about district attorney...

Rolnick on Tribal Criminal Jurisdiction

Addie Rolnick (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Recentering Tribal Criminal Jurisdiction (UCLA Law Review, Vol. 63, 2016) on SSRN. Here is the abstract: The boundaries of modern tribal criminal jurisdiction are defined...

Friday 2 September 2016

"Highlighting who is using money to highlight (and try to change) prosecutors' impact on criminal justice and its reform"

Doug Berman has this post at Sentencing Law & Policy, linking to and excerpting an article in Politico. From Doug's introduction: This new Politico article highlights the role being a played by a notable political actor in funding efforts to...

Thursday 1 September 2016

Crofts on Accessories and Perpetrators

Penny Crofts (University of Technology Sydney, Faculty of Law) have posted The Identic Turn: The Culpability of Accessories and Perpetrators (33 Law Context: A Socio-Legal J. 37 (2015)) on SSRN. Here is the abstract: John Saunders had a wife whom...

Hoshino & Kamada on Third-Party Policing of Organized Crime

Tetsuya Hoshino and Takuma Kamada (Pennsylvania State University and Tohoku University - Department of Behavioral Science) have posted Third-Party Policing of Organized Crime: Evidence from the Yakuza on SSRN. Here is the abstract: Does increased enforcement deter criminal organizations from...