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Criminal Law

CrimProf Blog

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

Post Frequency: 25.9/day

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

First on the Corporation in Business Crime Prosecutions

Posted on March 09, 2011
Harry First (New York University (NYU) - School of Law) has posted Branch Office of the Prosecutor: The New Role of the Corporation in Business Crime Prosecutions (North Carolina Law Review, Vol. 89, p. 23, 2010) on SSRN. Here is...

de Jong on Theorizing Criminal Intent

Posted on March 09, 2011
Ferry de Jong (Utrecht University School of Law) has posted Theorizing Criminal Intent: A Methodological Account (Utrecht Law Review, Vol. 7, No. 1, pp. 1-33, January 2011) on SSRN. Here is the abstract: This article examines the nature of the...

Brooks on Legal Retributivism

Posted on March 09, 2011
Thom Brooks (Newcastle University - Newcastle Law School) has posted Punishment: Political, Not Moral on SSRN. Here is the abstract: Alan Brudner?s Punishment and Freedom is a remarkable contribution to liberal and penal theory offering a well-argued and compelling theory...

Harris on Natapoff on Snitching

Posted on March 09, 2011
David A. Harris (University of Pittsburgh - School of Law) has posted Book Review - Snitching: Criminal Informants and the Erosion of American Justice (Criminal Justice, Vol. 25, No. 1, p. 44, 2010) on SSRN. Here is the abstract: In...

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Annitto on Criminalizing Sexually Exploited Minors

Posted on March 09, 2011
Megan Annitto (West Virginia University College of Law) has posted Consent, Coercion, and Compassion: Crafting a Commonsense Approach to Commercial Sexual Exploitation of Minors (Yale Law & Policy Review, Forthcoming) on SSRN. Here is the abstract: Within 48 hours of...

Sarma on Race and Jury Selection

Posted on March 09, 2011
Bidish Sarma (The Justice Center's Capital Appeals Project) has posted When Will Race No Longer Matter in Jury Selection? (Michigan Law Review First Impressions, Vol. 109, 2011) on SSRN. Here is the abstract: We are coming upon the twenty-fifth anniversary...

Millemann on Maryland's Death Penalty Revisions

Posted on March 08, 2011
Michael A. Millemann (University of Maryland - School of Law) has posted Limiting Death: Maryland's New Death Penalty Law (Maryland Law Review, Vol. 70, No. 1, p. 272, 2010) on SSRN. Here is the abstract: In this Article, I describe...

Corn on the Missing Miranda Warning

Posted on March 08, 2011
Geoffrey S. Corn (South Texas College of Law) has posted The Missing Miranda Warning: Why What You Don?t Know Really Can Hurt You on SSRN. Here is the abstract: Miranda ? at least the core rule that statements made by...

Opinion in DNA-access case

Posted on March 07, 2011
The case is Skinner v. Switzer. Syllabus to follow.

Opinion on meaning of "collateral review" in AEDPA

Posted on March 07, 2011
The case is Wall v. Kholi. Syllabus to follow.

Joy & McMunigal on Deceit in Defense Investigations

Posted on March 07, 2011
Peter A. Joy (pictured) and Kevin C. McMunigal (Washington University School of Law and Case Western Reserve University - School of Law) have posted Deceit in Defense Investigations (Criminal Justice, Vol. 25, No. 3, Fall 2010) on SSRN. Here is...

Rasch on Forfeiture of Article III Review of Magistrate Judges

Posted on March 07, 2011
Meehan Rasch has posted Rethinking Appellate 'Waiver' Rules: Forfeiture of Article III Review of Magistrate Judges and Federal Rule of Criminal Procedure 59?s Post-Olano Language Problem (Chapman Journal of Criminal Justice, Spring 2011) on SSRN. Here is the abstract: In...

DiBari on restitution in cases involving possession of child pornography

Posted on March 06, 2011
Dennis F. DiBari has posted Restoring Restitution: The Role of Proximate Causation in Child Pornography Possession Cases Where Restitution is Sought (Cardozo Law Review, Vol. 33, 2011, Forthcoming) on SSRN. Here is the abstract: The issue of causation is the...

Top-Ten Recent SSRN Downloads

Posted on March 06, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 451 An Equilibrium-Adjustment Theory of the Fourth Amendment Orin S. Kerr, George Washington University - Law School, Date posted to database: January 26,...

Friedman on last week's confrontation clause developments

Posted on March 05, 2011
Richard Friedman (Michigan) has two interesting posts on last week's decision in Michigan v. Bryant and oral argument in Bullcoming v. New Mexico.

Smith on prison rape

Posted on March 05, 2011
Brenda V. Smith (American University - Washington College of Law) has posted Side by Side Comparison of Standard to Address Prison Rape: National Prison Rape Elimination Commission Standards and Proposed Standard of U.S. Department of Justice for Adult Prisons and...

Opinion on post-sentencing rehabilitation under the guidelines

Posted on March 03, 2011
The case is Pepper v. United States. Here is the syllabus: After pleading guilty to drug charges, petitioner Pepper was sentenced under the Federal Sentencing Guidelines to 24 months? imprisonment, a nearly 75 percent downward departure from the low end...

Argument transcript on case involving pretextual use of material-witness statute

Posted on March 03, 2011
The case is Ashcroft v. al-Kidd.

Argument transcript in forensic reports case

Posted on March 03, 2011
The case is Bullcoming v. New Mexico.

Fourth Amendment conference at Ole Miss March 10-11

Posted on March 01, 2011
The National Center for Justice and the Rule of Law, at the University of Mississippi School of Law, presents its 10th annual symposium, entitled The Future of Fourth Amendment Analysis, on March 10-11. March 10 examines fundamental aspects of search...

Mikhail on Emotion, Neuroscience, and Law

Posted on March 01, 2011
John Mikhail (Georgetown University Law Center) has posted Emotion, Neuroscience, and Law: A Comment on Darwin and Greene (Emotion Review, Forthcoming) on SSRN. Here is the abstract: Darwin?s (1871) observation that evolution has produced in us certain emotions responding to...

Opinion holding corporations lack privacy objection to FOIA disclosure

Posted on March 01, 2011
The case is FCC v. AT&T Inc. Here is the syllabus: The Freedom of Information Act requires federal agencies to make records and documents publicly available upon request, subject to several statutory exemptions. One of those exemptions, Exemption 7(C),covers law...

Garnett on Land Use and Policing Policies

Posted on March 01, 2011
Nicole Stelle Garnett (Notre Dame Law School) has posted The People Paradox on SSRN. Here is the abstract: American land-use regulators increasingly embrace mixed-land-use "urban" neighborhoods, rather than single-land-use "suburban" ones, as a planning ideal...

Opinion in case limiting Confrontation Clause

Posted on February 28, 2011
The opinion in Michigan v. Bryant is here. Here is the syllabus: Held: Covington?s identification and description of the shooter and the location of the shooting were not testimonial statements because they had a "primary purpose . . . to...

Argument transcript on meaning of "cocaine base"

Posted on February 28, 2011
The case is DePierre v. United States.

Top-Ten Recent SSRN Downloads

Posted on February 27, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 358 Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force Robert Chesney, University of...

Next week's criminal law/procedure arguments

Posted on February 26, 2011
Issue summaries are from ScotusBlog, which also links to briefs and opinions below: Monday, Feb. 28 DePierre v. US: Whether a federal sentencing enhancement for possession of fifty grams or more of ?cocaine base? refers to any form of cocaine...

Bradley on Exigent Circumstances

Posted on February 26, 2011
Craig Bradley (Indiana University School of Law-Bloomington) has posted Kentucky v. King: the Scope of the Exigent Circumstances Exception (Trial Magazine, Forthcoming) on SSRN. Here is the abstract: This article analyzes Kentucky v. King case, currently pending decision in the...

Stein on the law and economics of self-incrimination

Posted on February 25, 2011
Alex Stein (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Self-Incrimination (ENCYCLOPEDIA OF LAW AND ECONOMICS, Vol. 10, C. Sanchirico, ed., Edward Elgar Publishing Limited, 2011) on SSRN. Here is the abstract: This Chapter surveys the law...

Biggest Loser: Clemency Edition (Kolber)

Posted on February 24, 2011
The title of this post is the title of Doug Berman's proposed (in jest) new television show. It will star, among others, the Scott sisters (who were granted early release from a Mississippi prison due to the poor health of...

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