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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

Jones & Kurzban on Intuitions of Punishment

Posted on April 27, 2010
Owen D. Jones (pictured) and Robert Kurzban (Vanderbilt University - School of Law & Department of Biological Sciences and University of Pennsylvania - Department of Psychology) have posted Intuitions of Punishment (University of Chicago Law Review, Forthcoming) on SSRN...

Berman on Two Kinds of Retributivism

Posted on April 27, 2010
Mitchell N. Berman (University of Texas School of Law) has posted Two Kinds of Retributivism on SSRN. Here is the abstract: This essay, written as a contribution to a forthcoming volume on the philosophical foundations of the criminal law, challenges...

Braman, Kahan & Hoffman on Punishment Naturalism

Posted on April 26, 2010
Donald Braman (George Washington University - Law School; pictured), Dan M. Kahan (Yale University - Law School) and David A. Hoffman (Temple University - James E. Beasley School of Law) have posted A Core of Agreement (University of Chicago Law...

Top-Ten Recent SSRN Downloads

Posted on April 25, 2010
are here.The usual disclaimers apply. Rank Downloads Paper Title 1 302 The Case Against the Goldstone Report: A Study in Evidentiary Bias Alan Dershowitz, Harvard Law School, Date posted to database: January 27, 2010 [2nd last week] 2 297 Brain...

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"Arizona governor signs controversial illegal immigration bill"

Posted on April 24, 2010
Jurist has the story about the bill, which "would require any individual suspected of being an illegal immigrant to present valid identification to law enforcement officials. The bill gives police officers permission to determine the immigration status of any individual...

Robinson, Kurzban & Jones on Realism, Punishment, and Reform

Posted on April 23, 2010
Paul H. Robinson (University of Pennsylvania Law School), Robert Kurzban (University of Pennsylvania - Department of Psychology) and Owen D. Jones (Vanderbilt University - School of Law & Department of Biological Sciences) have posted Realism, Punishment & Reform on SSRN...

"Indictment for Chat Room Posts Urging Particular People to Commit Suicide"

Posted on April 23, 2010
Eugene Volokh links to the story at The Volokh Conspiracy.

Vladek on Abu Ali Litigation

Posted on April 22, 2010
Stephen I. Vladeck (American University - Washington College of Law) has posted Terrorism Trials and the Article III Courts after Abu Ali (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: To say that it is difficult to divorce...

Bellin and Semitsu on the Need to Alter Batson Framework

Posted on April 22, 2010
Jeffrey Bellin (Southern Methodist University - Dedman School of Law) and Junichi P. Semitsu (University of San Diego School of Law) have posted Widening Batson?s Net to Ensnare More than the Unapologetically Bigoted or Painfully Unimaginative Attorney on SSRN...

Markel and Flanders on Subjective Experience of Punishment

Posted on April 21, 2010
Dan Markel (Florida State University College of Law) and Chad Flanders (Saint Louis University - School of Law) have posted Bentham on Stilts: The Bare Relevance of Subjectivity to Retributive Justice on SSRN. Here is the abstract: In recent work,...

Sekhon on Consent

Posted on April 21, 2010
Nirej Sekhon (Georgia State University College of Law) has posted Willing Suspects and Docile Defendants: The Contradictory Role of Consent in Criminal Procedure (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 46, 2011) on SSRN. Here is the abstract:...

Cheliotis on the Effectiveness of Home and Work Release

Posted on April 20, 2010
Leonidas K. Cheliotis (Queen Mary University of London, School of Law) has posted Reconsidering the Effectiveness of Temporary Release: A Systematic Review on SSRN. Here is the abstract: This article offers a systematic review of the ?what works? literature on...

Argument transcript in Dolan v. US

Posted on April 20, 2010
is here.

Fontecchio on Suspicionless Laptop Searches at the Border

Posted on April 20, 2010
Ari B. Fontecchio has posted Suspicionless Laptop Searches Under the Border Search Doctrine: The Fourth Amendment Exception that Swallows Your Laptop on SSRN. Here is the abstract: The Department of Homeland Security recently set forth a new policy allowing suspicionless...

Hashimoto on Socioeconomic Class and the Criminal Justice System

Posted on April 19, 2010
Erica J. Hashimoto (University of Georgia Law School) has posted Class Matters on SSRN. Here is the abstract: Poor people constitute one of the most overrepresented categories of people in the criminal justice system. Why is that so? Unfortunately, we...

Gianneli on the Unreliability of Microscopic Hair Analysis

Posted on April 19, 2010
Paul C. Giannelli (Case Western Reserve University School of Law) has posted Microscopic Hair Comparisons: A Cautionary Tale on SSRN. Here is the abstract: According to the National Academy of Sciences (NAS) Report on forensic science, ?testimony linking microscopic hair...

Argument transcript in Ontario v. Quon

Posted on April 19, 2010
is here.

Top-Ten Recent SSRN Downloads

Posted on April 18, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 421 The Emerging Law of Detention: The Guantanamo Cases as Lawmaking Benjamin Wittes, Robert Chesney, Rabea Benhalim, Unaffiliated Authors - affiliation not provided to SSRN, University of Texas School...

Next week's criminal law and procedure arguments

Posted on April 18, 2010
Issue summary is from ScotusWiki, which also links to briefs and opinions below. Monday City of Ontario v. Quon: (1) Whether a SWAT team member has a reasonable expectation of privacy in text messages transmitted on his SWAT pager, where...

Ohlin on a Meta-Theory of International Criminal Procedure

Posted on April 17, 2010
Jens David Ohlin (Cornell Law School) has posted A Meta-Theory of International Criminal Procedure: Vindicating the Rule of Law (UCLA Journal of International Law and Foreign Affairs, Vol. 14, pp. 77-120, 2009) on SSRN. Here is the abstract: International criminal...

Hamilton on Sex Offender Laws

Posted on April 16, 2010
Melissa Hamilton (University of Toledo College of Law) has posted Public Safety, Individual Liberty, and Suspect Science: Future Dangerousness Assessments and Sex Offender Laws on SSRN. Here is the abstract: This article argues that the new preventive law focus in...

Robinson on Criminalization Decisions

Posted on April 16, 2010
Paul H. Robinson (University of Pennsylvania Law School) has posted Criminalization Tensions: Empirical Desert, Changing Norms & Rape Reform on SSRN. Here is the abstract: This short Article is part of the organizers? larger Criminalization Project, which seeks, among other...

Gershowitz and Killinger on Excessive Prosecution

Posted on April 15, 2010
Adam M. Gershowitz and Laura Killinger have posted The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants on SSRN. Here is the abstract: Although dozens of scholars have documented the appalling underfunding of indigent defense in the United...

Sadat on International Criminal Jurisdiction

Posted on April 15, 2010
Leila N. Sadat (Washington University School of Law in St. Louis) has posted Unpacking the Complexities of International Criminal Tribunal Jurisdiction (Washington U. School of Law Working Paper No. 10-03-13) on SSRN. Here is the abstract: This essay discusses the...

Warnken on the Rights to Confrontation

Posted on April 14, 2010
Byron L. Warnken (University of Baltimore School of Law) has posted Right to Confrontation: Application of Crawford v. Washington to Documents on SSRN. Here is the abstract: This short piece discusses documents submitted as evidence in court proceedings in light...

Kirchmeier et al on Vigilante Justice

Posted on April 14, 2010
Jeffrey L. Kirchmeier (CUNY School of Law), Stephen R. Greenwald (Fordham University - School of Law), Harold Reynolds (Private Practice), and Jonathan Sussman (New York County Defender Services) have posted Vigilante Justice: Prosecutor Misconduct in Capital Cases (Wayne Law Review,...

Wexler on Therapeutic Jurisprudence

Posted on April 13, 2010
David B. Wexler (University of Arizona - James E. Rogers College of Law) has posted From Theory to Practice and Back Again in Therapeutic Jurisprudence: Now Comes the Hard Part on SSRN. Here is the abstract: This essay is the...

Hartung on First-Degree Murder Appeals

Posted on April 13, 2010
Stephanie Roberts Hartung (Suffolk University Law School) has posted The Limits of 'Extraordinary Power': A Survey of First-Degree Murder Appeals Under Massachusetts General Laws Chapter 278, � 33E (Suffolk Journal of Trial and Appellate Advocacy, Vol...

Slobogin on Justice Ginsburg's Gradualism in Criminal Procedure

Posted on April 13, 2010
Christopher Slobogin (Vanderbilt University - School of Law) has posted Justice Ginsburg's Gradualism in Criminal Procedure (Ohio State Law Journal, Vol. 70, No. 4, p. 870, 2009) on SSRN. Here is the abstract: This article, written for a symposium analyzing...

Pearlman on Expanding the Use of Sarbanes-Oxley

Posted on April 12, 2010
Adam Ross Pearlman has posted Putting Terrorists Out of Business: Using Sarbanes-Oxley to Prosecute Terror Financiers on SSRN. Here is the abstract: This article examines the practicality and the utility of prosecuting terrorist financiers for anticipatory obstruction of justice under...

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