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Criminal Law

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Criminal law resources, information, and news for the academic community.

Post Frequency: 25.9/day

Last Entry: April 01, 2011 at 16:40:00

"U.S. Lays Out Case Against Arizona Law"

Posted on July 23, 2010
From the New York Times: Edwin S. Kneedler, the lawyer for the federal government, argued that the federal government has the sole authority to enforce immigration laws under the Constitution and that Arizona was, in essence, establishing its own immigration...

"Cultural Defense Accepted as to Nonconsensual Sex in New Jersey Trial Court, Rejected on Appeal"

Posted on July 23, 2010
Eugene Volokh has this post at The Volokh Conspiracy, excerpting this case.

Slobogin on Government Dragnets

Posted on July 23, 2010
Christopher Slobogin (Vanderbilt Law School) has posted Government Dragnets (Law and Contemporary Problems, Vol. 73, No. 3, 2010) on SSRN. Here is the abstract: This article examines group-focused police investigation techniques ? for instance, roadblocks, drug testing programs, area or...

Masur on Booker Reconsidered

Posted on July 22, 2010
Jonathan S. Masur (University of Chicago - Law School) has posted Booker Reconsidered (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract: In his dissent in Booker, Judge Frank Easterbrook predicted dire consequences if the Supreme Court...

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"Scots Defend Lockerbie Convict?s Release"

Posted on July 22, 2010
The story is in the New York Times: Scotland?s government will not be providing any new documents on the release of the Libyan man convicted of bombing Pan Am Flight 103 over Lockerbie, Scotland, in 1988 to a Senate panel...

Argument dates set; can football be far behind?

Posted on July 21, 2010
ScotusBlog reports on the Court's calendar for oral arguments for the opening session of the coming Term. Arguments of note to crim law/procedure folks (issue summaries from ScotusBlog): Monday, Oct. 4 Abbott v. U.S. (09-479) and Gould v. U.S. (09-7073)...

"An Interesting ?Rape by Fraud? Case from Israel"

Posted on July 21, 2010
Eugene Volokh has this interesting post at The Volokh Conspiracy.

"Germany court allows ongoing surveillance of left-wing political party"

Posted on July 21, 2010
Jurist has the story. The party "has some historic ties to the former East German Communist party and has been linked to violent left-wing extremist groups."

Larson on the Leopold-Loeb Story

Posted on July 20, 2010
Edward Larson (Pepperdine University School of Law) has posted An American Tragedy: Retelling the Leopold-Loeb Story in Popular Culture (American Journal of Legal History, Vol. 50, No. 2, pp. 119-156, April 2008-2010) on SSRN. Here is the abstract: This Article...

"Release of Lockerbie Convict Was ?Wrong,? Cameron Says"

Posted on July 20, 2010
Robert Mackey discusses the coverage at the New York Times site: At the start of a visit to Washington, Prime Minister David Cameron of Britain said on Tuesday that the Scottish government was ?wrong? last year when it released Abdel...

Yee on Justice Scalia's Confrontation Clause Trilogy

Posted on July 20, 2010
Ellen L. Yee (Drake University - Law School) has posted Faint-Hearted Fidelity to the Common Law in Justice Scalia?s Confrontation Clause Trilogy (Journal of Criminal Law and Criminology, Vol. 100, No. 4, 2010) on SSRN. Here is the abstract: In...

Loewy on Insanity

Posted on July 19, 2010
Arnold H. Loewy (Texas Tech University - School of Law) has posted The Two Faces of Insanity (Texas Tech Law Review, Vol. 42, p. 513, Winter 2009) on SSRN. Here is the abstract: One of the great debates surrounding insanity...

"Neuroscience as a Passing Fad"

Posted on July 19, 2010
Steve Erickson at Crime and Consequences quotes UCLA psychiatrist Jeffery Schwartz: [T]his vast output of neuroscience research over the last many years is largely a waste of money. Why? Because it doesn't really have any real world human application...

"State Can Try to Detain Man Who Infected Women"

Posted on July 19, 2010
The New York Times has this A.P. story, which is a little more complicated than the headline might imply: BUFFALO, N.Y. (AP) -- The state can try to keep a sex offender who infected at least 13 women with the...

Top-Ten Recent SSRN Downloads

Posted on July 18, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2371 Arizona Senate Bill 1070: A Preliminary Report Gabriel J. Chin, Carissa Byrne Hessick, Toni M. Massaro, Marc L. Miller, University of Arizona James E. Rogers College of Law,...

"When Do a Criminal Defendant?s Compulsory Process/Due Process/Confrontation Rights Trump Evidentiary Privileges?"

Posted on July 17, 2010
Eugene Volokh has this useful post at The Volokh Conspiracy, highlighting a recent case from the Indiana Court of Appeals.

"Texas Judge Reprimanded in Death Row Case"

Posted on July 17, 2010
From The New York Times: A judicial panel on Friday reprimanded a Texas judge who declined to keep the courthouse open for a last-minute appeal from a death row inmate. . . . On Sept. 25, 2007, when lawyers for...

"New York governor signs law banning 'stop and frisk' database"

Posted on July 17, 2010
Jurist has the story, quoting the governor's views: There is a principle - which is compatible with the presumption of innocence, and is deeply ingrained in our sense of justice - that individuals wrongly accused of a crime should suffer...

Chin & Love on Padilla v. Kentucky

Posted on July 16, 2010
Gabriel J. Chin (pictured) and Margaret Colgate Love (University of Arizona James E. Rogers College of Law and Law Office of Margaret Love) have posted Status as Punishment: A Critical Guide to Padilla v. Kentucky (Criminal Justice, Forthcoming) on SSRN...

"Fixing California's Death Penalty Appeals"

Posted on July 16, 2010
Kent Scheidegger has this post at Crime and Consequences. In part: amend the rules on counsel qualifications to expand the pool of qualified attorneys. California's standards are among the most restrictive in the nation, and we are getting little in....

"Officer Sues Over Arizona Immigrant Law"

Posted on July 16, 2010
The story is in the Wall Street Journal: PHOENIX?A lawyer for a Phoenix police officer told a federal court Thursday his client could be sued for racial profiling if he enforces Arizona's new immigration law. It is the first hearing...

"Mel Gibson tapes: Some experts doubt they can be used in court"

Posted on July 15, 2010
The story is in the Los Angeles Times: Audio recordings in which actor Mel Gibson seems to acknowledge hitting his ex-girlfriend have been making headlines all week. But legal experts say it's highly debatable whether the recordings would be admissible...

"Examining Miranda?s Future"

Posted on July 15, 2010
ACSBlog links to a panel discussion on the topic.

Goodno on Marital Communications Privilege in Child Molestation Cases

Posted on July 15, 2010
Naomi Goodno (Pepperdine University School of Law) has posted Protecting 'Any Child': The Use of the Confidential Marital Communications Privilege in Child Molestation Cases (Kansas Law Review, 2010) on SSRN. Here is the abstract: Imagine a grandmother who wants to...

"Federal judge refuses to dismiss charges against ex-Guantanamo detainee "

Posted on July 14, 2010
Jurist has the story on the opinion rejecting the speedy-trial challenge notwithstanding a delay of almost five years. The opinion is here.

Jurors, Attempts, and Blagojevich

Posted on July 14, 2010
The Wall Street Journal's article suggests problems with the prosecutor's case: But even a host of character flaws may not persuade the jury that Mr. Blagojevich?who faces 24 corruption counts?committed any crime. Legal experts say the government's case is strong...

Swiss will not extradite Polanski

Posted on July 13, 2010
The Los Angeles Times has the story: The Swiss justice ministry cited the meeting in a statement explaining its decision, saying that a U.S. court's ruling that kept some records about the meeting secret created "persisting doubts concerning the presentation...

Chiesa on Consent to Battery

Posted on July 13, 2010
Luis E. Chiesa (Pace University School of Law) has posted Consent is Not a Defense to Battery: A Reply to Professor Bergelson (Ohio State Journal of Criminal Law, Vol. 9, No. 1, Fall 2011) on SSRN. Here is the abstract:...

Top-Ten Recent SSRN Downloads

Posted on July 12, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 366 Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction Margaret Colgate Love, Gabriel J. Chin, Law Office of Margaret Love, University of Arizona James...

Bailey on Domestic Violence and the Criminal Justice System

Posted on July 12, 2010
Kimberly Bailey (Chicago-Kent College of Law) has posted Lost in Translation: Domestic Violence, ?The Personal is Political?, and the Criminal Justice System (Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: Current criminal justice domestic violence...

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