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...
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