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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

Richman on the Demand Side of Overcriminalization

Posted on April 12, 2010
Daniel C. Richman (Columbia Law School) has posted The Demand Side of Overcriminalization ? A Celebration of Bill Stuntz on SSRN. Here is the abstract: Bill Stuntz has brilliantly highlighted the supply side of overcriminalization ? how the institutional purposes...

Radsan on Modernizing the CIPA

Posted on April 11, 2010
Afsheen John Radsan (William Mitchell College of Law) has posted Remodeling the Classified Information Procedures Act (CIPA) (William Mitchell Legal Studies Research Paper No. 2010-09) on SSRN. Here is the abstract: The intelligence community and the law enforcement sector are...

Top-Ten Recent SSRN Downloads

Posted on April 11, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 416 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...

Gabel on Forensiphilia

Posted on April 10, 2010
Jessica D. Gabel (Georgia State University - College of Law) has posted Forensiphilia: Is the Public Fascination with Forensic Science a Love Affair or a Fatal Attraction? on SSRN. Here is the abstract: In February of 2009, the National Academy...

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Tuerkheimer on Science Dependent Prosecution

Posted on April 09, 2010
Deborah Tuerkheimer (DePaul University - College of Law) has posted Criminal Justice at a Crossroads: Science-Dependent Prosecution and the Problem of Epistemic Contingency on SSRN. Here is the abstract: Increasingly in our criminal justice system, guilt is proven on the...

Priester on Apprendi

Posted on April 09, 2010
Benjamin J. Priester (Florida Coastal School of Law) has posted Apprendi Land Becomes Bizarro World: 'Policy Nullification' and Other Surreal Doctrines in the New Constitutional Law of Sentencing on SSRN. Here is the abstract: Imagine a final exam essay answer...

Miller on the Warren Court

Posted on April 08, 2010
Eric J. Miller (Saint Louis University - School of Law) has posted Forget Privacy: The Warren Court?s Regulatory Revolution in Criminal Procedure on SSRN. Here is the abstract: The standard story describing the Warren Court?s criminal procedure ?rights revolution,? claims...

Judicial Sentencing After the Booker/Fanfan Decision

Posted on April 08, 2010
Jeffery Todd Ulmer (Penn State University), Michael Thomas Light (Penn State University), John H Kramer , and James Eisenstein have posted Does Increased Judicial Discretion Lead to Increased Disparity? the 'Liberation' of Judicial Sentencing Discretion in the Wake of the...

Starger on Post-Conviction DNA Access

Posted on April 08, 2010
Colin P. Starger (New York University - School of Law) has posted The DNA of an Argument: A Case Study in Legal Logos on SSRN. Here is the abstract: This Article develops a framework for analyzing legal argument through an...

Hessick on Distinguishing Child Pornography from Child Sex Abuse

Posted on April 08, 2010
Carissa Byrne Hessick (Arizona State, Sandra Day O'Connor College of Law) has posted Disentangling Child Pornography from Child Sex Abuse on SSRN. Here is the abstract: Recent years have seen a significant increase in the criminal penalties associated with possession...

Gray on the Theory of Punishment as Suffering

Posted on April 07, 2010
David C. Gray (University of Maryland - School of Law) has posted Punishment as Suffering on SSRN. Here is the abstract: In a series of recent high-profile articles, a group of contemporary scholars argue that the criminal law is a...

Kerr on Computer Search and Seizure

Posted on April 06, 2010
Orin S. Kerr (George Washington University - Law School) (Virginia Law Review, GWU Law School Public Law Research Paper No. 496) has posted Ex Ante Regulation of Computer Search and Seizure on SSRN. Here is the abstract: In the last...

The Fraud Triangle and Theory of Planned Behavior

Posted on April 06, 2010
Jeffrey R. Cohen (Boston College - Department of Accounting), Yuan Ding [China Europe International Business School (CEIBS)], C�dric Lesage (HEC School of Management, Paris), and Herv� Stolowy (HEC Paris) have posted Managers' Behavior in Corporate Fraud: The Fraud Triangle and...

Klingele on Judicial Sentence Modification

Posted on April 06, 2010
Cecelia M. Klingele (University of Wisconsin Law School) has posted Changing the Sentence Without Hiding the Truth: Judicial Sentence Modification as a Promising Method of Early Release on SSRN. Here is the abstract: Last year, as the State of California...

Miller on the Tiahrt Amendment

Posted on April 05, 2010
Colin Miller (John Marshall Law School) has posted Lawyers, Guns and Money: Why the Tiahrt Amendment?s Ban on the Admissibility of ATF Trace Data in State Court Actions Violates the Commerce Clause and the Tenth Amendment on SSRN. Here is...

Giannelli on Scientific Research

Posted on April 05, 2010
Paul C. Giannelli (Case Western Reserve University School of Law) (University of Illinois Law Review, Forthcoming, Case Legal Studies Research Paper No. 2010-6) has posted Daubert and Forensic Science: The Pitfalls of Law Enforcement Control of Scientific Research on SSRN...

Top-Ten Recent SSRN Downloads

Posted on April 04, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 407 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...

Berry on the Pandora's Box of Judicial Restraint

Posted on April 04, 2010
William W. Berry III (University of Mississippi School of Law) has posted Powell, Blackmun, Stevens, and the Pandora?s Box Theory of Judicial Restraint on SSRN. Here is the abstract: In recent years, three Supreme Court justices, Powell, Blackmun, and most...

Engel & Irlenbusch on Jeremy Bentham's Panopticon

Posted on April 03, 2010
Christoph Engel (Max Planck Institute for Research on Collective Goods) and Bernd Irlenbusch [London School of Economics & Political Science - Department of Management; Institute for the Study of Labor (IZA)] have posted Turning the Lab into Jeremy Bentham?s Panopticon...

Kalhan on Immigration Detention

Posted on April 03, 2010
Anil Kalhan (Drexel University - Earle Mack School of Law) has posted Rethinking Immigration Detention (Columbia Law Review Sidebar, Vol. 110, 2010) on SSRN. Here is the abstract. In recent years, scholars have drawn attention to the myriad ways in...

Holman on the ACCA

Posted on April 02, 2010
David C. Holman has posted Violent Crimes and Known Associates: The Residual Clause of the Armed Career Criminal Act (Connecticut Law Review, Vol. 43, No. 1, Forthcoming) on SSRN. Here is the abstract: Confusion reigns in federal courts over whether....

Egerman on the 8th Amendment and Elective Abortions for Prisoners

Posted on April 02, 2010
Mark Egerman (Fellow, Georgetown University Law Center) has posted Roe v. Crawford: Do Inmates Have an Eighth Amendment Right to Elective Abortions? (Harvard Journal of Law and Gender, Vol. 31, p. 423, 2009 ) on SSRN. Here is the abstract:...

Loewy on 'Knowing Consent'

Posted on April 02, 2010
Arnold H. Loewy (Texas Tech University - School of Law) has posted Knowing 'Consent' Means 'Knowing Consent' - The Underappreciated Wisdom of Justice Marshall?s Schneckloth v. Bustamonte Dissent (Mississippi Law Journal, Vol. 79, No. 1, pp. 97-113, 2010, Texas Tech...

"Court Ruling on Wiretap Is a Challenge for Obama"

Posted on April 02, 2010
The New York Times article is here: WASHINGTON ? As a presidential candidate, Senator Barack Obama declared that it was ?unconstitutional and illegal? for the Bush administration to conduct warrantless surveillance of Americans. Many of his supporters said likewise...

Ryan on the Death Penalty

Posted on April 01, 2010
Meghan J. Ryan (Southern Methodist University Dedman School of Law) has posted Judging Cruelty on SSRN. Here is the abstract: The wisdom of the death penalty has recently come under attack in a number of states. This raises the question...

Argument transcript in private contempt case

Posted on April 01, 2010
The transcript in Robertson v. United States ex rel Watson is here.

Argument transcript in "aggravated felony" case

Posted on April 01, 2010
The transcript in Carachuri-Rosendo v. Holder is here.

Argument transcripts from Monday and Tuesday

Posted on March 31, 2010
Renico v. Lett is here. Dillon v. United States is here. Barber v. Thomas is here. Summaries of the issues are here.

Opinion on duty to advise on immigration consequences of guilty plea

Posted on March 31, 2010
The opinion in Padilla v. Kentucky is here. Here is the syllabus: Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faces deportation after pleading guilty to drug-distribution charges in Kentucky. In postconviction proceedings, he...

Today's opinion in fair-cross-section case

Posted on March 30, 2010
The opinion in Berghuis v. Smith is here. Here is the syllabus: Criminal defendants have a Sixth Amendment right to trial by an impartial jury drawn from a fair cross section of the community. See Taylor v. Louisiana, 419 U....

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