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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

Treadwell on Immigrants Arrested in Warrantless Home Raids

Posted on February 23, 2011
Nathan Treadwell has posted Fugitive Operations and the Fourth Amendment: Representing Immigrants Arrested in Warrantless Home Raids (North Carolina Law Review, Vol. 89, p. 507, 2011) on SSRN. Here is the abstract: In the past several years, Immigration and Customs...

Unanimous Court reverses Ninth Circuit in habeas case because of independent state ground

Posted on February 23, 2011
The opinion in Walker v. Martin is here. Syllabus to follow.

Argument transcript in sentencing-reduction/plea bargain case

Posted on February 23, 2011
The transcript in Freeman v. United States is here.

Yankah on Overcriminalization

Posted on February 23, 2011
Ekow N. Yankah (Yeshiva University - Benjamin N. Cardozo School of Law) has posted A Paradox in Overcriminalization (New Criminal law Review, Vol. 14, No. 1, Winter 2011) on SSRN. Here is the abstract: Given that one of the central...

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Argument transcript in Speedy Trial Act case

Posted on February 22, 2011
United States v. Tinklenberg is here.

Argument transcript in Tenth Amendment challenge to federal criminal law

Posted on February 22, 2011
Bond v. United States is here.

Davies on Search and Seizure

Posted on February 22, 2011
Thomas Y. Davies (University of Tennessee College of Law) has posted The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment 'Search and Seizure' Doctrine (Journal of Criminal Law & Criminology, Vol. 100, No. 3,...

Lee on Deontology and the Criminal Law

Posted on February 22, 2011
Youngjae Lee (Fordham University School of Law) has posted two manuscripts on SSRN relating to deontology and criminal law. The first is Desert, Deontology, and Vengeance (Arizona State Law Journal, Vol. 42, 2011). Here is the abstract: In a series...

Huq, Tyler & Schulhofer on Public Cooperation with Law Enforcement

Posted on February 21, 2011
Aziz Z. Huq (pictured), Tom Tyler and Stephen Schulhofer (University of Chicago Law School , New York University (NYU) - Department of Psychology and New York University (NYU) - School of Law) have posted two manscripts on SSRN dealing with...

Baradaran on Due Process, Predictive Justice and the Presumption of Innocence

Posted on February 21, 2011
Shima Baradaran (Brigham Young University - J. Reuben Clark Law School) has posted Due Process, Predictive Justice & the Presumption of Innocence on SSRN. Here is the abstract: The most commonly repeated adage in U.S. criminal justice is the presumption...

Covey on Longitudinal Guilt

Posted on February 21, 2011
Russell D. Covey (Georgia State University College of Law) has posted Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof (Florida Law Review, Vol. 63, No. 1, 2011) on SSRN. Here is the abstract: The Article introduces...

Top-Ten Recent SSRN Downloads

Posted on February 20, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 340 Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force Robert Chesney, University of...

Next week's criminal law/procedure arguments

Posted on February 19, 2011
Issue summaries from ScotusBlog, which also links to papers and opinions below: Tuesday, Feb. 22 US v. Tinklenberg: The Speedy Trial Act guarantees that federal criminal defendants will be tried within a certain amount of time after they are charged....

Gadirov on Collective Intentions and Individual Criminal Responsibility

Posted on February 19, 2011
Javid Gadirov (Central European University) has posted Collective Intentions and Individual Criminal Responsibility on SSRN. Here is the abstract: This article focuses on the treatment of collective intentions in individual criminal responsibility for crimes against humanity and war crimes, at...

Graham on Sentencing, Crack and Meth

Posted on February 19, 2011
Kyle Graham (Santa Clara University School of Law) has posted Sorry Seems to Be the Hardest Word: the Fair Sentencing Act of 2010, Crack, and Methamphetamine (University of Richmond Law Review, Forthcoming) on SSRN. Here is the abstract: This Essay...

Vazquez on Advising Noncitizen Defendants on Immigration Consequences of Conviction

Posted on February 18, 2011
Yolanda Vazquez (University of Pennsylvania Law School) has posted Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment (Berkeley La Raza Law Journal, Vol...

"Action needed to assure new technology can be wiretapped, FBI says"

Posted on February 18, 2011
From CNN.com: Washington (CNN) -- Rapid advances in communications are eroding police departments' abilities to conduct wiretaps, and Congress needs to take steps to ensure that new telephone, computer and wireless systems are designed to allow lawful police access, FBI...

Sarma on Civic Exclusion of African-Americans in Louisiana

Posted on February 18, 2011
Bidish Sarma (The Justice Center's Capital Appeals Project) has posted An Enduring (and Disturbing) Legacy: Race-Neutrality, Judicial Apathy, and the Civic Exclusion of African-Americans in Louisiana (Houston Law Review, Forthcoming) on SSRN. Here is the abstract: In Louisiana, Mr...

Freedman on Habeas Corpus as a Common Law Writ

Posted on February 16, 2011
Eric M. Freedman (Hofstra University - School of Law) has posted Dimension I: Habeas Corpus as a Common Law Writ (Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 46, No. 2, Summer 2011) on SSRN. Here is the abstract: This...

Cohn on the United States and Torture

Posted on February 16, 2011
Marjorie Cohn (Thomas Jefferson School of Law) has posted Introduction to The United States and Torture: Interrogation, Incarceration, and Abuse (THE UNITED STATES AND TORTURE: INTERROGATION, INCARCERATION, AND ABUSE, New York University Press, 2011) on SSRN...

Sawicki on Baze v. Rees

Posted on February 16, 2011
Nadia N. Sawicki (Loyola-Chicago School of Law, Beazley Institute for Health Law & Policy) has posted There Must Be a Means: The Backward Jurisprudence of Baze v. Rees on SSRN. Here is the abstract: The Supreme Court?s plurality opinion in...

Laudan & Allen on Preventive Detention

Posted on February 16, 2011
Larry Laudan and Ronald J. Allen (pictured)(Instituto de Investigaciones Filosoficas, UNAM and Northwestern University Law School) have posted Deadly Dilemmas III: Some Kind Words for Preventive Detention on SSRN. Here is the abstract: This paper explores the role of assessments...

Calo on Empirical Desert

Posted on February 16, 2011
Zachary R. Calo (Valparaiso University School of Law) has posted Empirical Desert and the Moral Economy of Punishment (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: This paper considers Paul Robinson's theory of empirical desert as an...

Taslitz on Criminal Justice and the Thirteenth Amendment

Posted on February 15, 2011
Andrew E. Taslitz (Howard University - School of Law) has posted The Slave Power Undead: Criminal Justice Successes and Failures of the Thirteenth Amendment (THE PROMISES OF LIBERTY: THE HISTORY AND CONTEMPORARY RELEVANCE OF THE THIRTEENTH AMENDMENT, Chapter 13, p...

Podgor on Politics and Federal Prosecutors

Posted on February 15, 2011
Ellen S. Podgor (Stetson University College of Law) has posted The Tainted Federal Prosecutor in an Overcriminalized Justice System (Washington and Lee Law Review, Vol. 67, No. 4, 2010) on SSRN. Here is the abstract: The infiltration of politics in...

Lubet on the Oberlin Fugitive Slave Rescue and Higher Law

Posted on February 15, 2011
Steven Lubet (Northwestern University - School of Law) has posted The Oberlin Fugitive Slave Rescue: A Victory for the Higher Law (North & South, Vol. 13, 2011) on SSRN. Here is the abstract: This article tells the story of the...

"House Votes to Extend Patriot Act Provisions"

Posted on February 14, 2011
From The New York Times: WASHINGTON ? The House on Monday voted to reauthorize and extend through Dec. 8 three ways in which Congress expanded the Federal Bureau of Investigation?s counterterrorism powers after the terrorist attacks of Sept. 11, 2001...

Top-Ten Recent SSRN Downloads

Posted on February 13, 2011
in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 302 Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force Robert Chesney, University of...

Ryan on Total Retribution

Posted on February 12, 2011
Meghan J. Ryan (Southern Methodist University Dedman School of Law) has posted Total Retribution on SSRN. Here is the abstract: An essential element of the theory of retribution has been missing from courts? and legal scholars? analyses. While they have...

Simon on Factfinding in Criminal Trials

Posted on February 12, 2011
Dan Simon (USC Gould School of Law, USC Department of Psychology) has posted The Limited Diagnosticity of Criminal Trials (Vanderbilt Law Review, Vol. 64, p. 143, 2011) on SSRN. Here is the abstract: A fundamental function of the criminal trial...

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