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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

Slobogin on Citizens United and Corporate and Human Crime

Posted on November 10, 2010
Christopher Slobogin (Vanderbilt Law School) has posted Citizens United and Corporate and Human Crime (The Green Bag, Forthcoming) on SSRN. Here is the abstract: Citizens United v. Election Commission held that, like human citizens, corporations can exercise their right to...

Goodman, Caldwell & Chase on Transparency in Death Penalty Decisions

Posted on November 10, 2010
Christine Chambers Goodman (pictured), Harry M. Caldwell and Carol A. Chase (Pepperdine University - School of Law , Pepperdine University - School of Law and Pepperdine University) has posted Unpredictable Doom and Lethal Injustice: An Argument for Greater Transparency in...

"The New Miranda Warning"

Posted on November 09, 2010
Michael D. Cicchini, a criminal defense lawyer and author, has this post at the Marquette University Law School faculty blog, suggesting how the warning might be modified to capture Miranda's limiting case law.

Waldron on Vagueness and the Guidance of Action

Posted on November 09, 2010
Jeremy Waldron (New York University - School of Law) has posted Vagueness and the Guidance of Action on SSRN. Here is the abstract: This paper is part of a more general argument I am pursuing about the idea of the...

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Transcript of oral argument in federal case challenging state conviction based on facts not raised in state court

Posted on November 09, 2010
The transcript in Cullen v. Pinholster is here.

Court rejects habeas based on violation of state law

Posted on November 08, 2010
The per curiam opinion in Wilson v. Corcoran is here.

Top-Ten Recent SSRN Downloads

Posted on November 07, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 248 Good Faith, New Law, and the Scope of the Exclusionary Rule Orin S. Kerr, George Washington University - Law School, Date posted to database: September 11, 2010 [new...

Next week's criminal law/procedure argument

Posted on November 06, 2010
Issue summary is from ScotusBlog, which also links to briefs and opinions below: Tuesday, Nov. 9 Cullen v. Pinholster: Whether a federal court can overturn a state criminal conviction on the basis of facts the defendant could have alleged, but...

Clancy on the Framers' Intent and the Fourth Amendment

Posted on November 05, 2010
Thomas Clancy (University of Mississippi College of Law) has posted The Framers? Intent: John Adams, His Era, and the Fourth Amendment (Indiana Law Journal, Vol. 86, 2010) on SSRN. Here is the abstract: For many years, I have relied on...

Court overrides governor's veto of parole for murder convict who still protests innocence

Posted on November 05, 2010
From the San Francisco Chronicle: The state parole board has approved Michael McDonald's release three times and Gov. Arnold Schwarzenegger has vetoed it each time, saying the convicted murderer showed a "lack of insight" into his crime because he still...

California recidivism news

Posted on November 05, 2010
Crime and Consequences links to and summarizes this report from the California Department of Corrections and Rehabilitation and the article reporting on it in the San Francisco Chronicle, which begins as follows: More than two-thirds of paroled inmates in California...

"Call for a Response (CFR) in My Non-Unanimous Criminal Verdict Case"

Posted on November 04, 2010
From Eugene Volokh at The Volokh Conspiracy: I?m glad to say that yesterday the Supreme Court asked the State of Oregon to file a response in Herrera v. Oregon, the case in which I filed a certiorari petition challenging Oregon?s...

Arya on Using Graham v. Florida to Challenge Juvenile Transfers

Posted on November 04, 2010
Neelum Arya, the Research and Policy Director at the Campaign for Youth Justice, has posted Using Graham v. Florida to Challenge Juvenile Transfer Laws (forthcoming in the Louisiana Law Review) on the organization's website. Here is an abstract: The article...

Wright & Miller on Prosecutorial Accountability

Posted on November 03, 2010
Ronald F. Wright (pictured) and Marc L. Miller (Wake Forest University - School of Law and University of Arizona - James E. Rogers College of Law) have posted The Worldwide Accountability Deficit for Prosecutors (Washington and Lee Law Review, Forthcoming)...

Burke on "The Wire"

Posted on November 03, 2010
Alafair S. Burke (Hofstra University - School of Law) has posted I Got the Shotgun: Reflections on The Wire, Prosecutors and Omar Little (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: The Wire is a...

Brown on Prosecutors' Powers and Obligations in Plea Bargaining

Posted on November 02, 2010
Darryl K. Brown (University of Virginia School of Law) has posted American Prosecutors? Powers and Obligations In the Era of Plea Bargaining (TRANSNATIONAL PERSPECTIVES ON PROSECUTORIAL POWER, Erik Luna, ed., Forthcoming) on SSRN. Here is the abstract: This paper, written...

Argument transcript in case on damages in prison suit under Religious Land Use and Institutionalized Persons Act

Posted on November 02, 2010
The transcript in Sossamon v. Texas is here.

Argument transcript regarding regulation of violent video games

Posted on November 02, 2010
The transcript in Schwarzenegger v. Entertainment Merchants is here.

Dissent from cert denial in habeas case involving judicial comment on evidence

Posted on November 01, 2010
Justice Alito dissents, joined by the Chief Justice and Justice Scalia, in Wong v. Smith. Justice Alito would grant cert to "correct the Ninth Circuit's error" in granting habeas, arguing that the sparse case law limiting coercive judicial comment did...

Today's criminal law/procedure cert grants

Posted on November 01, 2010
The description of the issue is from a post on ScotusBlog, which also links to opinions and cert papers: J.D.B. v. North Carolina: Whether the North Carolina Supreme Court was correct in barring consideration of age as a factor in...

Logan on Migration of Sex Offender Provisions

Posted on November 01, 2010
Wayne A. Logan (Florida State University - College of Law) has posted Prospects for the International Migration of U.S.-Style Sex Offender Registration and Community Notification Laws (International Journal of Law and Psychiatry, Vol. 34, 2011) on SSRN...

Top-Ten Recent SSRN Downloads

Posted on October 31, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 200 The Diplomacy of Universal Jurisdiction: The Regulating Role of the Political Branches in the Transnational Prosecution of International Crimes Maximo Langer, University of California, Los Angeles (UCLA) -...

Next week's criminal law/procedure oral arguments

Posted on October 30, 2010
There are no cases raising core issues, but a couple on the margins. Issue summaries are from ScotusBlog, which also links to briefs and opinions below: Tuesday, Nov. 2 Sossamon v. Texas: Can an inmate sue a state for money...

Limiting immunity for prosecutors

Posted on October 29, 2010
Grits for Breakfast advocates the result after excerpting this article from the Houston Chronicle: A day after prosecutors dismissed the capital murder charges that sent Anthony Graves to death row in 1994, they accused the district attorney who convicted him...

Collins & Nash on Prosecuting Federal Crimes in State Courts

Posted on October 29, 2010
Michael G. Collins and Jonathan Remy Nash (University of Virginia School of Law and Emory University School of Law) has posted Prosecuting Federal Crimes in State Courts (Virginia Law Review, Vol. 97, 2011) on SSRN. Here is the abstract: May...

Robinson on LWOP and Modern Theories of Punishment

Posted on October 28, 2010
Paul H. Robinson (University of Pennsylvania Law School) has posted 'Life Without Parole' Under Modern Theories of Punishment on SSRN. Here is the abstract: Life without parole seems an attractive and logical punishment under the modern coercive crime-control principles of...

"Poland prosecutors grant terror suspect victim status"

Posted on October 28, 2010
The story is at Jurist; the status "recogniz[es] the validity of his claims that he was mistreated by interrogators" at a secret CIA prison.

Capers on "The Wire"

Posted on October 27, 2010
I. Bennett Capers (Hofstra University - School of Law) has posted Crime, Legitimacy, Our Criminal Network, and the Wire (Ohio State Journal of Criminal Law, Vol. 8, 2011) on SSRN. Here is the abstract: It perhaps comes as no surprise...

Redding & Murrie on Judicial Decision Making About Forensic Mental Health Evidence

Posted on October 27, 2010
Richard E. Redding (pictured) and Daniel C. Murrie (Chapman University - School of Law and affiliation not provided to SSRN) have posted Judicial Decision Making About Forensic Mental Health Evidence (SPECIAL TOPICS IN FORENSIC PRACTICE, Chapter 26, p...

Michael Moore's Placing Blame (Kolber)

Posted on October 26, 2010
A couple of months ago, a used copy of Michael S. Moore's book Placing Blame cost $300, if you could even find one. So I was pleased to see that Oxford University Press has begun reprinting Placing Blame, as well...

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