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Criminal Law

CrimProf Blog 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

Recent Entries: 2253

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New Guidelines on Border Searches of Laptop Computers

Posted on August 31, 2009
Previously, CrimProf noted that the ACLU had filed a lawsuit demanding information on US policy on searches of laptop computers at the border. The Ninth Circuit has ruled that the constitution does not preclude warrantless and suspicionless searches of laptop...


Featured Download: Miller on Putting Practice into Criminal Procedure Theory

Posted on August 31, 2009
Eric J. Miller (Saint Louis University - School of Law) has posted an ambituous assessment of criminal procedure doctrine and scholarship on SSRN entitled Putting the Practice into Theory. Here is the abstract: Modern criminal procedure, or especially at the...


Previewing the Coming Term (Part 10): Florida v. Powell

Posted on August 31, 2009
[This is the tenth in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Top-Ten Recent SSRN Downloads

Posted on August 30, 2009
for manuscripts announced in the last 60 days for the criminal law and procedure journals are here. The usual disclaimers apply.. Rank Downloads Paper Title 1 298 Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases...


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Schauer on Lie Detection, Neuroscience, and the Mistaken Conflation of Legal and Scientific Norms

Posted on August 30, 2009
Frederick Schauer (University of Virginia School of Law) has posted Can Bad Science Be Good Evidence: Lie Detection, Neuroscience, and the Mistaken Conflation of Legal and Scientific Norms on SSRN. Here is the abstract: As the capabilities of cognitive neuroscience,...


Cheliotis on Human Agency in the Implementation of Criminal Justice Policy

Posted on August 29, 2009
Leonidas K. Cheliotis (Queen Mary University of London) has posted How Iron is the Iron Cage of New Penology? The Role of Human Agency in the Implementation of Criminal Justice Policy on SSRN. Here is the abstract: This article addresses...


Featured Download: Gershowitz on Eliminating Counties' Role in the Death Penalty

Posted on August 29, 2009
Adam M. Gershowitz (University of Houston Law Center) has posted Statewide Capital Punishment: The Case for Eliminating Counties' Role in the Death Penalty (Vanderbilt Law Review, Vol. 62, 2010) on SSRN. Doug Berman gives the piece a thumbs-up over at...


Previewing the Coming Term (Part Nine): Graham v. Florida

Posted on August 29, 2009
[This is the ninth in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Previewing the Coming Term (Part Eight): Sullivan v. Florida

Posted on August 28, 2009
[This is the eighth in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Hasnas on Corporate Criminal Liability

Posted on August 28, 2009
John Hasnas (Georgetown University) has posted The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability (American Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: This article argues that there is no justification for corporate criminal...


"ACLU lawsuit demands information on US border laptop search policy"

Posted on August 28, 2009
the story is at Jurist.


"Did the Supreme Court Recognize an Innocent Person's Right Not to Be Executed?"

Posted on August 28, 2009
The title of an interesting column on FindLaw by Michael Dorf (Cornell Law School). Over at Sentencing Law and Policy, Doug Berman links to an article in the Atlanta Journal-Constitution discussing the reaction of the district court judge to whom...


Conference: Philosophical Foundations of Criminal Law at Rutgers-Newark

Posted on August 28, 2009
[If you'd like CrimProf to list a conference that might be of interest to criminal law and/or criminal procedure professors, please send the details to crimprofblog@gmail.com.] On Friday and Saturday, September 25-26, 2009, Rutgers School of Law-Newark will present a...


Yung on the Emerging Criminal War on Sex Offenders

Posted on August 27, 2009
Corey Rayburn Yung (The John Marshall Law School) has posted The Emerging Criminal War on Sex Offenders on SSRN. Here is the abstract: This article addresses four central questions. First, what is the difference between normal law enforcement policy and...


Previewing the Coming Term (Part 6): Pottawattamie County v. McGhee

Posted on August 27, 2009
[This is the sixth in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


More on the Ninth Circuit's Steroids/Computer Search En Banc Opinion

Posted on August 27, 2009
The New York Times covered it in the sports section. CrimProf mentioned yesterday that Orin Kerr was blogging about this at The Volokh conspiracy, and he has more today, asking about retroactivity questions and stating, "I've been working in this...


Previewing the Coming Term (Part Seven): Wood v. Allen

Posted on August 27, 2009
[This is the seventh in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Featured Download: Leon on Work Release as Economic Stimulus

Posted on August 27, 2009
At the very least, this manuscript has timeliness on its side. Chrysanthi S. Leon (University of Delaware - Sociology and Criminal Justice) has posted Working Paper: Work Release as Economic Stimulus: Overview of Current and Potential Usage in the 50...


Cohen and Smith on Death Qualification

Posted on August 26, 2009
Ben Cohen and Robert J. Smith (The Charles Hamilton Houston Institute for Race and Justice) have posted The Death of Death-Qualification on SSRN: Here is the abstract: The Framers understood criminal petit juries to be responsible for making determinations of...


Previewing the Coming Term (Part 4): Padilla v. Kentucky

Posted on August 26, 2009
[This is the fourth in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Alexander on Walen on Alexander (et al.) on Crime, Culpability, and Moral Luck (Alexander)

Posted on August 26, 2009
Last week, with tongue in cheek, I titled a blog post about my new book (with Kimberly Ferzan) as ?The Last Word on Criminal Law.? As if to demonstrate to the whole world that I was only kidding, Alec Walen...


Ninth Circuit Issues En Banc Opinion in Steroid/Computer Search Case

Posted on August 26, 2009
The opinion in US v. Comprehensive Drug Testing, Inc., is here. Orin Kerr is blogging about it at The Volokh Conspiracy.


Previewing the Coming Term (Part 5): Smith v. Spisak

Posted on August 26, 2009
[This is the fifth in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Miller on Arizona v. Gant and Buie Searches

Posted on August 26, 2009
Colin Miller (John Marshall Law School) has posted Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches Incident to Lawful Arrests are Unconstitutional on SSRN. Here is the abstract: In its 1990 opinion in Maryland...


The CIA's Secret Interrogation Program

Posted on August 26, 2009
and documents recently released about it are discussed in the New York Times. The Times' bottom line: But the strong impression that emerges from the documents, many with long passages blacked out for secrecy, is by no means one of...


Previewing the Coming Term (Part 2): Johnson v. United States

Posted on August 25, 2009
[This is the second in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Walen on Crime, Culpability and Moral Luck

Posted on August 25, 2009
Alec D. Walen (Institute for Philosophy and Public Policy) has posted Crime, Culpability and Moral Luck: Comment on Alexander, Ferzan and Morse (Law and Philosophy , Forthcoming) on SSRN. Here is the abstract: Crime and Culpability, by Larry Alexander, Kimberly...


International Human Rights, Forensic Evaluations, and Correctional Conditions Litigation

Posted on August 25, 2009
Two recent manuscripts address international human rights law as it bears on two separate problems related to the criminal process. Michael L. Perlin (New York Law School) and Valerie Rae McClain (Neurology and Physical Therapy Centers of Tampa Bay) have...


Previewing the Coming Term (Part 3): McDaniel v. Brown

Posted on August 25, 2009
[This is the third in a series of posts by CrimProf?s graduate fellow, Peter Stockburger (University of San Diego Class of 2009), previewing the criminal law and procedure cases scheduled for argument in the U.S. Supreme Court this coming term....


Wexler on Therapeutic Jurisprudence, Criminal Law Practice, and Relationship-Centered Lawyering

Posted on August 25, 2009
David B. Wexler (University of Arizona - James E. Rogers College of Law) has posted Therapeutic Jurisprudence, Criminal Law Practice, and Relationship-Centered Lawyering on SSRN. Here is the abstract: This brief essay,prepared for a Chapman law school conference on therapeutic...


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