Criminal Law

Featured Download: Kolber on How to Improve Empirical Desert

Posted on August 24, 2009
I join Larry Solum in highly recommending this piece by my colleague, Adam J. Kolber, entitled How to Improve Empirical Desert (Brooklyn Law Review, Symposium: 'Is Morality Universal and Should the Law Care?', 2010), to those interested in criminal law...

Previewing the Coming Term (Part 1): Maryland v. Shatzer

Posted on August 24, 2009
[This is the first 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....

Saxer on Banishment of Sex Offenders

Posted on August 24, 2009
Shelley Ross Saxer (Pepperdine University - School of Law) has posted Banishment of Sex Offenders: Liberty, Protectionism, Justice, and Alternatives (Washington University Law Review, Vol.. 86, p. 1397, 2009) on SSRN: Here is the abstract: Although most sex offenses are...

More on Dershowitz, Scalia, and Davis

Posted on August 24, 2009
Last week, CrimProf noted some criticisms of Justice Scalia's opinion in the Davis case, including Alan Dershowitz's claim that Catholic teaching is inconsistent with Justice Scalia's doubts about whether actual innocence would state a cognizable federal habeas claim ...

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Top-Ten Recent SSRN Downloads in Criminal Law and Procedure Journals

Posted on August 23, 2009
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 205 Unwitting Sanctions: Understanding Anti-Bribery Legislation as Economic Sanctions against Emerging Markets Andrew Brady Spalding, University of Mumbai (Bombay), 2 144 Minds, Brains, and Norms Michael S...

Jury Trials in Japan

Posted on August 23, 2009
Raneta Lawson Mack (Creighton University School of Law) has an op-ed piece at Jurist describing the new system (featuring jurors deliberating along with judges) and identifying challenges ahead. Among the concerns: Japan has an exceptionally high conviction rate (> 99%...

Van Der Meulen & Koops on Identity Theft in Multi-Level Governance

Posted on August 22, 2009
Nicole van der Meulen and Bert-Jaap Koops (Tilburg University - Faculty of Law) have posted The Challenge of Identity Theft in Multi-Level Governance; Towards a Co-ordinated Action Plan for Protecting and Empowering Victims (GLOBALISATION, VICTIMS AND EMPOWERMENT, STUDIES IN GLOBAL...

Kadens on Capital Punishment for Bankruptcy in 18th-Century England

Posted on August 22, 2009
Emily Kadens (University of Texas at Austin - School of Law) has posted The Last Bankrupt Hanged: Capital Punishment for Bankruptcy in 18th-Century England on SSRN. Here is the abstract: This paper frames the history of the Anglo-American bankruptcy tradition...

Conference Program: LatCrit XIV

Posted on August 21, 2009
CrimProf is glad to post notices about upcoming conferences of potential interest to other crimprofs. Send your information to crimprofblog@gmail.com. The full preliminary conference program schedule for LatCrit XIV and the LatCrit/SALT New Faculty Development Workshop, hosted by American University...

The Last Word on Criminal Law (Alexander)

Posted on August 21, 2009
All of you interested in criminal law theory should take a look at Kim Ferzan's, Stephen Morse's, and my new book, Crime and Culpability: A Theory of Criminal Law (Cambridge Univ. Press, 2009). In it we ask what criminal law...

Del Ponte , Sudetic & Erlinder on Humanity's Worst Criminals

Posted on August 21, 2009
Carla Del Ponte , Charles Sudetic and Peter Erlinder (William Mitchell College of Law) have posted Book Review - Madame Prosecutor: Confrontations with Humanity?s Worst Criminals, and the Culture of Impunity on SSRN. Here is the abstract: It is not...

Asimow on Law and Lawyers on Television

Posted on August 21, 2009
Michael Asimow (University of California, Los Angeles - School of Law) has posted Lawyers in Your Living Room! Law on Television (LAWYERS IN YOUR LIVING ROOM! LAW ON TELEVISION, Michael Asimow, ed., ABA Press, 2009) on SSRN. Here is the...

Hallevy on the Defense Attorney as Mediator in Plea Bargains

Posted on August 21, 2009
Gabriel Hallevy (Ono Academic College, Faculty of Law) has posted The Defense Attorney as Mediator in Plea Bargains (Pepperdine Dispute Resolution Law Journal, Vol. 9, No. 3, 2009) on SSRN. Here is the abstract: In this article, it will be...

Juvenile Life Sentences Without Possibility of Parole

Posted on August 21, 2009
Sherry F. Colb (Cornell Law School) previews the Supreme Court's upcoming cases on this option, and advocates that it be unconstitutional for non-homicide offenses and, eventually, for homicides too, in a column at FindLaw.

"Federal judge dismisses challenge to overseas wiretapping law"

Posted on August 21, 2009
Jurist has a post with links to the opinion and other documents here.

Drunk Driving on the Rise Among Women

Posted on August 21, 2009
The study by the National Highway Traffic Safety Administration is described here.

Release of Lockerbie Bomber

Posted on August 21, 2009
Douglas Berman has a helpful post on this at Sentencing Law and Policy.

Changes in Felony Murder Doctrine (Ramirez)

Posted on August 20, 2009
The California Supreme Court has long been influential in shaping the contours of the felony murder rule, and two of its recent cases have limited the reach of the rule in California and may be influential beyond the state. Most...

Braman on Families and the Moral Economy of Incarceration

Posted on August 20, 2009
Donald Braman (George Washngton University - Law School) has posted Families and the Moral Economy of Incarceration (CRIMINAL JUSTICE, Judah & Bryant, eds., 2004) on SSRN. Here is the abstract: This chapter examines the moral economy of incarceration from the...

Scott on the "Booker" Revolution

Posted on August 20, 2009
Ryan W. Scott (Indiana University Maurer School of Law - Bloomington) has posted In Search of the Booker Revolution on SSRN. Here is the abstract: In 2005, the Supreme Court in United States v. Booker rendered the United States Sentencing...

Dershowitz and Campos on Justice Scalia and the Death Penalty

Posted on August 20, 2009
Alan Dershowitz (Harvard Law School) argues that Justice Scalia's views on innocence and the death penalty are incompatible with Catholic thought in a post at The Daily Beast. Here's the language from Justice Scalia's recent opinion in the Davis case...

Featured Download: Laurin on Rationing of Remedies

Posted on August 20, 2009
Constitutional criminal procedural rights can be enforced through civil actions for damages and through remedies that are part of the criminal proceeding itself, such as exclusionary rules. For a brief and interesting critique of the Court's approach to choosing among...

Wong on the Responsibility to Protect

Posted on August 20, 2009
Jarrod Wong (University of the Pacific - McGeorge School of Law) has posted Reconstructing the Responsibility to Protect in the Wake of Cyclones and Separatism (Tulane Law Review, Vol. 84, 2009) on SSRN. Here is the abstract: The Article fundamentally...

Grossman on Plea Bargaining

Posted on August 19, 2009
Steven P. Grossman (University of Baltimore - School of Law) has posted An Honest Approach to Plea Bargaining (American Journl of Trial Advocacy, Vol. 29, No. 1, 2005) on SSRN. Here is the abstract: In this Article, the author argues...

Last Term's Opinions

Posted on August 19, 2009
In a vital service to those of us who cannot remember what we had for lunch yesterday, and a useful service to many others, CrimProf's graduate fellow, Peter Stockburger (University of San Diego Class of 2009), pulls together the reporter's...

Grosso, Baldus & Woodworth on Civilian Aggravating Circumstances and the Military Death Penalty

Posted on August 19, 2009
Catherine M. Grosso (Michigan State University - College of Law), David C. Baldus (University of Iowa - College of Law) and George G. Woodworth (University of Iowa - Department of Statistics & Actuarial Science) have posted The Impact of Civilian...

Mitchell on Retroactive Amelioration

Posted on August 19, 2009
S. David Mitchell (University of Missouri) has posted In With the New, Out With the Old: Expanding the Scope of Retroactive Amelioration on SSRN. Here is the abstract: The legislative decision to amend a statute and reduce a sentence but...

Are You Tired of Teaching Necessity by Talking about Guys Eating Each Other on a Boat?

Posted on August 19, 2009
How about discussing whether the benefits of wounding live pigs and using them to train Marines on how to treat battlefield injuries outweigh the harm to the animals. The pigs are under anesthesia and supposedly feel no pain. Opponents argue...

Feller on Jurisdictional Entrapment in Child Exploitation Prosecutions

Posted on August 19, 2009
Leonid Feller (University of Michigan Law School) has posted The Jurisdictional Entrapment Defense: An Analytic Framework for Claims of Manufactured Jurisdiction in Child Exploitation Prosecutions (Kentucky Law Journal, Vol. 98, December 2009) on SSRN...

More on Innocence and Executions

Posted on August 19, 2009
The New York Times editorializes here in favor of a constitutional right against execution of those who can provide clear and convincing evidence of their innocence.

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