Criminal Law

Ni Aolain on a Feminist Theory of Harm

Posted on December 02, 2009
Fionnuala D. Ni Aolain (University of Ulster) has posted Exploring a Feminist Theory of Harm in the Context of Conflicted and Post-Conflict Societies on SSRN. Here is the abstract: The author argues that a feminist theory of harm is necessary...

Alexandre on Reformation of Drug and Prostitution Regulations

Posted on December 02, 2009
Michele Alexandre (University of Mississippi) has posted Sex, Drugs, Rock & Roll and Moral Dirigisme: Toward a Reformation of Drug and Prostitution Regulations (UMKC Law Review, Vol. 78, No. 1, pp.102-137, 2009) on SSRN. Here is the abstract: This Article...

"DOJ Report on Public Defenders' Caseloads"

Posted on December 01, 2009
ACSBlog has the post here. The underlying report is available here.

Issue on Fundamental Human Rights in Criminal Process

Posted on December 01, 2009
The October 2009 issue of the Utrecht Law Review is devoted to the topic of Developments in the Protection of Human Rights in Criminal Process, and several pieces from the issue have been posted on SSRN, including an Introduction by...

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Davies on Originalism and the Forfeiture Exception to Confrontation

Posted on December 01, 2009
Thomas Y. Davies (University of Tennessee College of Law) has posted Selective Originalism: Sorting Out Which Aspects of Giles' Forfeiture Exception to Confrontation Were or Were Not 'Established at the Time of the Founding' (Lewis &. Clark Law Review, Vol...

Hjalmarsson & Lindquist on Intergenerational Nature of Crime

Posted on December 01, 2009
Randi Hjalmarsson (University of Maryland-Public Policy; pictured) and Matthew J. Lindquist (Stockholm University - Department of Economics) have posted Like Godfather, Like Son: Explaining the Intergenerational Nature of Crime on SSRN. Here is the abstract: This paper studies intergenerational correlations...

Law and Intuitions (Kolber)

Posted on October 01, 2009
Laypeople's intuitions about what the law should be sometimes factor into scholarly arguments about what the law should be. There are two principal ways in which such arguments are made. In the "predictive" mode, we seek to understand lay intuitions....

Henning on Corporate Criminal Liability and Rehabilitation

Posted on October 01, 2009
Peter J. Henning (Wayne State University Law School) has posted Corporate Criminal Liability and the Potential for Rehabilitation (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Much has been made about prosecutorial unfairness in treating corporations, that...

Testing the Outer Limits of the Edwards Rule: Maryland v. Shatzer (Dripps & Kamisar)

Posted on September 30, 2009
Because Miranda was the centerpiece of the Warren Court?s ?revolution in American criminal procedure,? most Court-watchers expected the Burger Court to treat the famous case unkindly. As a general matter, the Burger Court did not surprise them. But Edwards v...

Lavitt on John Choon Yoo and the Bush Administration

Posted on September 30, 2009
Joseph Lavitt (University of California, Berkeley-School of Law Adjunct Faculty) has posted The Crime of Conviction of John Choon Yoo: The Actual Criminality in the OLC During the Bush Administration (Maine Law Review, Vol. 62, No. 1, 2009) on SSRN.....

Today's Criminal Law and Procedure Cert Grants

Posted on September 30, 2009
SCOTUSblog has summaries, including links to cert petitions, opinions below, and the like, for all ten cases on which the Court granted review here. Here are the excerpts that relate to criminal law and procedure: Title: Carr v. United States...

Can You Rob Yourself?

Posted on September 30, 2009
That's the question my colleague, Shaun Martin, is asking over at his California Appellate Report blog, in connection with People v. Smith, a case from the California Court of Appeal. Shaun's summary of the case: Or, more precisely, you can...

Moriarty on Rape and Consent

Posted on September 30, 2009
Jane Campbell Moriarty (University of Akron School of Law) has posted Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium (Akron Law Review, Vol. 41, 2008) on SSRN. Here is the abstract: We may have moved in...

Symposium on American and International Perspectives on the Future of the Exclusionary Rule at Southwestern Law School

Posted on September 30, 2009
The symposium is scheduled for Oct. 9. Symposium webpage is here; press release is here. Here are the topics and speakers, from the press release: The Current State of the Exclusionary Rule, International Perspectives on the Exclusion of Evidence, and...

Southern Public Defender Training Center

Posted on September 29, 2009
[Jonathan Rapping (John Marshall Law School in Atlanta) posted the following message on the CrimProf listserv today, and I am republishing excerpts here with his permission.] Prior to teaching law school I was a public defender for twelve years. I...

Stetson Seeks Spring 2010 Visitor in Criminal Law

Posted on September 29, 2009
Please send your visiting opportunities for criminal law and/or procedure professors for this year and next to crimprofblog@gmail.com for inclusion here. Stetson University College of Law seeks a one-semester coverage visitor for Spring 2010 to teach first-year criminal law...

CrimProf's Junior Scholar Paper "Competition"

Posted on September 29, 2009
After extensive negotiations with my dean, I am glad to announce that CrimProf is holding a ?competition? for junior scholars with a paper in the areas of criminal law or criminal procedure. The ?winner? will be transported, at our expense,...

Murphy on Criminalizing Humanitarian Intervention

Posted on September 29, 2009
Sean D. Murphy (George Washington University - Law School) has posted Criminalizing Humanitarian Intervention (Case Western Reserve Journal of International Law, Vol. 41, p. 341, 2009) on SSRN. Here is the abstract: The States Parties of the International Criminal Court...

Burglar Ordered to Pay Restitution to Victim for Lost Wages from Attending Court

Posted on September 29, 2009
The San Francisco Chronicle has the story, headlined Burglar must repay victim for time in court. Here's the lead: In a broad interpretation of a law requiring criminals to make restitution to their victims, a state appeals court has ordered...

"Drug Courts Endanger Rights, Block Access"

Posted on September 29, 2009
That's the headline on the press release from the National Association of Criminal Defense Lawyers introducing a new report, The reporter is Joel Schumm of Indiana University School of Law (Indianapolis) (pictured). According to the press release: Major findings of...

Featured Download: Roth on Setting a Threshold for DNA "Cold Hits"

Posted on September 28, 2009
Andrea L. Roth (Stanford Law School Law Fellow) has posted Safety in Numbers?: Deciding When DNA Alone is Enough to Convict (New York University Law Review, Forthcoming) on SSRN. It is a very helpful examination of an issue that is...

Weekend Review

Posted on September 28, 2009
Friday Harcourt on Henry Louis Gates and Racial Profiling Benner Addresses Deficiencies in California's Indigent Criminal Defense "New state secrets policy is first step towards legislation to check executive discretion in blocking litigation" You Have the Right to Remain Silent,...

No Charges Against "Victim" in Hofstra Rape Hoax

Posted on September 28, 2009
What had started out as a case involving allegations of a brutal gang rape in a college dormitory quickly unraveled when the "victim" was told that a video existed to show the acts were consensual. The N.Y. Times has the...

Abelson on the Prosecute-Extradite Dilemma

Posted on September 28, 2009
Adam B. Abelson has posted The Prosecute-Extradite Dilemma: Concurrent Criminal Jurisdiction and Global Governance (UC Davis Journal of International Law and Policy, Vol. 16) on SSRN. Here is the abstract: This article explores the dilemma between prosecution and extradition that...

"Alternatives to drug war championed at conference"

Posted on September 28, 2009
The article is in today's San Diego Union Tribune. Here's the lead: EL PASO, Texas ? It's been called the U.S. war on drugs ? a tough-minded government policy that for decades has targeted traffickers and addicts with prosecution and...

"Big Case for Small-Time Attorney"

Posted on September 28, 2009
That's the headline of the Wall Street Journal article about Art Folsom, the attorney representing accused terrorist Najibullah Zazi. According to the article, Mr. Folsom "has made a living on drug-possession and drunk-driving cases, along with the odd divorce...

"The Case of the Plummeting Supreme Court Docket"

Posted on September 28, 2009
The New York Times has the story here.

Polanski Arrested in Switzerland

Posted on September 28, 2009
The N.Y. Times has the story, headlined Polanski Arrested in Switzerland in 1970s Sex Case . Here's the lead: In a surprising move arranged by prosecutors in Los Angeles and Washington, the authorities in Switzerland arrested the film director Roman....

Top-Ten Recent SSRN Downloads

Posted on September 27, 2009
for manuscripts announced in the last 60 days in the criminal law and procedure journals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 419 Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases...

"Technocorrections, economic realities and a new privacy/liberty relationship"

Posted on September 27, 2009
That's the title of Doug Berman's post at Sentencing Law and Policy discussing an article in the Washington Post headlined Sweat Becomes Offenders' New Snitch. As Doug notes, while the piece focuses on alcohol detection, it discusses important issues that...

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