Criminal Law

"Jackson?s Doctor to Face Charges Monday"

Posted on February 05, 2010
The New York Times article is here. There has been considerable speculation about the charges (involuntary manslaughter seems to be the most-mentioned possibility), but here's the really important stuff: Early this week, trailed by paparazzi, Dr. Murray, who has offices...

"Trying Suspected Terrorists in Federal Court"

Posted on February 05, 2010
Crime and Consequences has this link to video of a Federalist Society event discussing this issue held at Fordham Law School on Jan. 27.

"Justice Kennedy laments the state of prisons in California, U.S."

Posted on February 05, 2010
Doug Berman at Sentencing Law and Policy discussing this article from the Los Angeles Times. Doug's thought: "I also cannot help but wonder whether these issues are uniquely on Justice Kennedy's mind because of all the significant sentencing cases before...

Leo and Drizin on False Confessions and Wrongful Convictions

Posted on February 05, 2010
Richard A. Leo (University of San Francisco - School of Law) and Steven A. Drizin (pictured right) (Northwestern University - School of Law, Bluhm Legal Clinic) have posted The Three Errors: Pathways to False Confession and Wrongful Conviction on SSRN...

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"Sweat Lodge Leader Is Indicted in Deaths"

Posted on February 04, 2010
The New York Times article is here.

Lager on Government Ethics

Posted on February 04, 2010
James M. Lager (US Government Accountability Office; Robert H Smith School of Business) has posted Overcoming Cultures of Compliance to Reduce Corruption and Achieve Ethics in Government (McGeorge Law Review, Vol. 41, p. 63, 2009) on SSRN. Here is the...

Perlin on Mental Disability Law

Posted on February 04, 2010
Michael L. Perlin (New York Law School) has posted 'They Keep it All Hid': The Ghettoization of Mental Disability Law and its Implications for Legal Education (St. Louis University Law Journal, Symposium Issue, Vol. 54, No. 3, 2010) on SSRN....

"Future of the Exclusionary Rule" Symposium to be Held at Fordham

Posted on February 04, 2010
The Fordham Urban Law Journal has organized a symposium on "The Future of the Exclusionary Rule" to be held at Fordham on Thursday, February 11. The link to information is here. The speaker's list follows the jump. SPEAKERS Hadar Aviram,...

"Legal Protection for Historical Cell-Site Records"

Posted on February 03, 2010
Orin Kerr has an interesting post on this topic at The Volokh Conspiracy.

Green on Golden Rule Ethics and the Criminal Law's Special Part

Posted on February 03, 2010
Stuart P. Green (Rutgers Law School-Newark) has posted Review Essay: Golden Rule Ethics and the Death of the Criminal Law's Special Part (Criminal Justice Ethics, Forthcoming, CRIME AND CULPABILITY: A THEORY OF CRIMINAL LAW, Larry Alexander, Kimberly Kessler Ferzan, Stephen...

Harmon on Civil Rights and Proactive Policing Reform

Posted on February 03, 2010
Rachel Harmon (Virginia Law School) has posted Promoting Civil Rights Through Proactive Policing Reform at The Legal Workshop. It is adapted from her article here in the Stanford Law Review. Here's the introduction: Preventing police misconduct often requires changing the...

"Jim Crow Policing"

Posted on February 02, 2010
That's the title of Bob Herbert's op-ed piece in the New York Times: The New York City Police Department needs to be restrained. The nonstop humiliation of young black and Hispanic New Yorkers, including children, by police officers who feel...

"Court: Sentence for millennium plotter too lenient"

Posted on February 02, 2010
The A.P. story is available here on the Washington Post site.

Miller on Third-Party Consent Searches

Posted on February 02, 2010
Jason C. Miller has posted When is a Parent?s Authority Apparent? Reconsidering Third Party Consent Searches of an Adult Child?s Private Bedroom and Property (Criminal Justice, Vol. 24, pp. 34-37, Winter 2010) on SSRN. Here is the abstract: The question...

Top-Ten Recent SSRN Downloads

Posted on January 31, 2010
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 262 Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels Maurice E. Stucke, University of Tennessee College of Law, Date posted to database: January 13, 2010 [2nd last...

Alper on Physician Participation in Executions

Posted on January 30, 2010
Ty Alper (Berkeley Law School - Death Penalty Clinic) has posted The Role of State Medical Boards in Regulating Physician Participation in Executions (Journal of Medical Licensure and Discipline (Vol. 95, No. 3) on SSRN. Here is the abstract: The...

"Abortion Foe Found Guilty in Doctor?s Killing"

Posted on January 30, 2010
The New York Times story is here: Mr. Roeder?s defense team had hoped the judge in the case, Warren Wilbert, would instruct jurors that they could take into account Mr. Roeder?s motive and consider a lesser conviction of voluntary manslaughter...

Ambros on Transnational Use of Torture Evidence

Posted on January 29, 2010
Kai Ambos has posted The Transnational Use of Torture Evidence (Israel Law Review, Vol. 42, No. 2, pp. 362-397, 2009) on SSRN. Here is the abstract: From an international criminal law perspective the question of torture has two aspects. The...

Leo, Costanzo & Shaked-Schroer on Psychological and Cultural Aspects of Interrogations and False Confessions

Posted on January 29, 2010
Richard A. Leo (University of San Francisco - School of Law), Mark Costanzo (Claremont McKenna College) and Netta Shaked-Schroer (Claremont Graduate University) have posted Psychological and Cultural Aspects of Interrogations and False Confessions: Using Research to Inform Legal Decision-Making (PSYCHOLOGICAL...

Bradley on Melendez-Diaz and Confrontation

Posted on January 28, 2010
Craig Bradley (Indiana University School of Law-Bloomington) has posted Melendez-Diaz and the Right to Confrontation (Criminal Law Symposium, Chicago-Kent Law Review, 2010) on SSRN. Here is the abstract: In Herring v. United States, the Supreme Court indicated both that it...

Interesting Posts on the FCPA Africa Sting

Posted on January 28, 2010
The DOJ's release announcing the indictments under the Foreign Corrupt Practices Act is here. Mike Koehler (Butler University-Business) has this post at the FCPA Professor blog and another here featuring commentary by Dru Stevenson (South Texas College of Law) on...

Symposium on "Forensic Science: A Blueprint for the Future"

Posted on January 28, 2010
at UCLA on Thursday, Feb. 18. Information about the conference, presented by UCLA's Program on Understanding Law, Science, and Evidence (co-director Jennifer Mnookin pictured), is here. From the website: Forensic science - from latent fingerprint analysis to firearms identification to...

Robinson et al. on Modern Irrationalities of American Criminal Codes

Posted on January 27, 2010
Paul H. Robinson (University of Pennsylvania Law School; pictured), Thomas Gaeta , Matthew Majarian , Megan Schultz and Douglas M. Weck (students at the University of Pennsylvania Law School) have posted The Modern Irrationalities of American Criminal Codes: An Empirical...

Sheyn on Jury Trials in the Ukraine

Posted on January 27, 2010
Elizabeth R. Sheyn has posted A Foothold for Real Democracy in Eastern Europe: How Instituting Jury Trials in Ukraine Can Bring About Meaningful Governmental and Juridical Reforms and Can Help Spread These Reforms Across Eastern Europe (Vanderbilt Journal of Transnational...

Symposium on "Sharing the Blame: the Law and Morality of Punishing Collective Entities"

Posted on January 26, 2010
Scheduled for Friday, Feb. 5, at Brooklyn Law School. Additional information is here.

"Court OKs 'John Doe' warrants based only on DNA"

Posted on January 26, 2010
How Appealing links to the A.P. story and to the California Supreme Court's 5-2 opinion holding that these warrants suffice to commence a criminal action for statute-of-limitations purposes.

"Supreme Court's McDaniel ruling will have minimal impact on habeas corpus practice"

Posted on January 26, 2010
Jurist has the piece here.

Stucke on Optimal Deterrence, Behavioral Economics, and Antitrust

Posted on January 26, 2010
Maurice E. Stucke (University of Tennessee College of Law) has posted Am I a Price-Fixer? A Behavioral Economics Analysis of Cartels on SSRN. Here is the abstract; This article considers why executives risk prison, their careers, and their status in....

Another Problem for the Criminal Law Model: Cyberattacks

Posted on January 26, 2010
The New York Times article is here. In part: These recent events demonstrate how quickly the nation?s escalating cyberbattles have outpaced the rush to find a deterrent, something equivalent to the cold-war-era strategy of threatening nuclear retaliation.

Featured Download: Morris on the Greatest Legal Movie of All Time

Posted on January 25, 2010
Grant H. Morris (University of San Diego School of Law) has posted The Greatest Legal Movie of All Time: Proclaiming the Real Winner (San Diego Law Review, Vol. 47, No. 2, 2010) on SSRN. Here is the abstract: In August,...

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