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Criminal Law

: Sentencing Law and Policy

"Erie and Federal Criminal Courts"

By Douglas A. Berman

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The title of this post is the title of this fascinating-looking new paper from Wayne Logan available via SSRN.  Here is the abstract: Today, low-level state and local criminal laws figure critically in federal prosecutions, serving as the initial bases for police seizures that yield evidence leading to more serious federal charges (usually involving drugs or firearms).  While police resort to such laws as pretexts to stop and arrest individuals has been frequently addresed, this article provides the first analysis of how federal courts actually interpret and apply the laws.  In doing so, the article reveals a surprising reality, long dismissed as a doctrinal impossibility: federal judicial use of the analytic framework of Erie v. Tompkins to resolve criminal cases...continue to full post

Full post as published by Sentencing Law and Policy on October 04, 2010 (boomark / email).

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