American Criminal Law Review - page 3
- Lone wolf or the start of a new pack: should the FCPA guidance represent a new paradigm in evaluating corporate criminal liability risks?
- When deference is dangerous: the judicial role in material-witness detentions.
- Sparf and Dougherty revisited: why the court should instruct the jury of its nullification right.
- Tax evasion.
- The genealogy detectives: a constitutional analysis of 'familial searching.'(IV. The Reasonableness of Inner-Directed and Outer-Directed Trawling through Conclusion, with footnotes, p. 138-163)
- A picture's worth a thousand words: conversational versus eyewitness testimony in criminal convictions.
- Foreign Corrupt Practices Act.
- Recording federal custodial interviews.
- Criminal law theory and criminal justice practice.
- Federal sentencing for violent and drug trafficking crimes involving firearms: recent changes and prospects for improvement.
- Material-support-to-terrorism prosecutions: fighting terrorism by eroding judicial review.
- Election law violations.
- Public school drug testing: the impact of Acton.
- Health care fraud.
- Racketeer influenced and corrupt organizations.
- Public corruption.
- Racketeer Influenced and Corrupt Organizations Act.
- Financial institutions fraud.
- False statements.
- Irrevocable implied consent: the 'roach motel' in consent search jurisprudence!
- Lost innocence: speculation and data about the acquitted.
- Corporate criminal liability.
- Computer crimes.
- Under pressure to catch the crooks: the impact of corporate privilege waivers on the adversarial system.
- Mandatory minimums in drug sentencing: a valuable weapon in the war on drugs or a handcuff on judicial discretion?
- Getting smart about getting tough: juvenile justice and the possibility of progressive reform.
- Intellectual property crimes.
- The future of Teague retroactivity, or "redressability," after Danforth v. Minnesota: why lower courts should give retroactive effect to new constitutional rules of criminal procedure in postconviction proceedings.
- Extrajudicial comments and the special responsibilities of prosecutors: failings of the model rules in today's media age.
- Necessary suffering? Weighing government and prisoner interests in determining what is cruel and unusual.
- Health care fraud.
- Executing those who do not kill: a categorical approach to proportional sentencing.
- Federal criminal conspiracy.
- The challenge of prison oversight.
- Environmental crimes.
- Public corruption.
- False statements.
- Testing Congress' foreign commerce and treaty powers: a new, (un)constitutional tool for combating American child sex tourists?
- Federal criminal conspiracy.
- Tax violations.
- Federal Food and Drug Act violations.
- The crime of being in charge: executive culpability and collateral consequences.
- Intellectual property crimes.
- The U.S. criminal-immigration convergence and its possible undoing.
- The First Amendment and the regulation of pharmaceutical marketing: challenges to the constitutionality of the FDA's interpretation of the Food, Drug, and Cosmetics Act.
- Decriminalizing victims of sex trafficking.
- The deliberative lottery: a thought experiment in jury reform.
- Social organisation and drug law enforcement.
- Encouraging ethics in organizations: a review of some key research findings.
- Negotiating justice: prosecutorial perspectives on federal plea bargaining in the District of Columbia.
- Foreign Corrupt Practices Act.
- Financial institutions fraud.
- Factories with fences: an analysis of the Prison Industry Enhancement certification program in historical perspective.
- Corporate intentionality, desert, and variants of vicarious liability.
- The effects of race-conscious jury selection on public confidence in the fairness of jury proceedings: an empirical puzzle.
- Has demand for crime increased? The prevalence of personal media devices and the robbery spike in 2005 and 2006.
- It's complicated: privacy and domestic violence.
- Corporate criminal liability.
- Employment-related crimes.
- Election law violations.
- Tax violations.
- Financial institutions fraud.
- Database limitations on the evidentiary value of forensic mitochondrial DNA evidence.
- Corporate criminal liability.
- Computer crimes.
- Obstruction of justice.
- Federal criminal conspiracy.
- The Dunkin' Donuts gap: rethinking the exclusionary rule as a remedy in constitutional criminal procedure.
- Satisfy the demands of justice: embrace electronic recording of custodial investigative interviews through legislation, agency policy, or court mandate.
- How prosecutors apply the 'federal prosecutions of corporations' charging policy in the era of deferred prosecutions, and what that means for the purposes of the federal criminal sanction.
- Capital hypocrisy: does compelling jurors to impose the death penalty without spiritual guidance violate jurors' First Amendment rights?
- Mail and wire fraud.
- Unstacking the deck: the legalization of online poker.
- Mapping a way out: protecting cellphone location information without starting over on the Fourth Amendment.
- Home is where your modem is: an appropriate application of search and seizure law to electronic mail.
- Promoting parental guidance: an argument for the parent child privilege in juvenile adjudications.
- Environmental crimes.
- The dialogue approach to Miranda warnings and waiver.
- Editor's note.
- Of bad apples and bad trees: considering fault-based liability for the complicit corporation.
- Antitrust violations.
- Tax violations.
- Health care fraud.
- Two ways to think about the punishment of corporations.
- Corporate criminal liability.
- Health care fraud.
- Time to stop living vicariously: a better approach to corporate criminal liability.
- Federalizing hate: constitutional and practical limitations to the Matthew Shepard and James Byrd, Jr. hate crimes prevention act of 2009.
- Reimagining criminal prosecution: toward a color-conscious professional ethic for prosecutors.
- Closing commentary on corporate criminality: legal, ethical, and managerial implications.
- Refusing to settle: why public companies go to trial in federal criminal cases.
- Environmental crimes.
- Material to whom? Implementing Brady's duty to disclose at trial and during plea bargaining.
- Federal criminal conspiracy.
- Traffic stops, littering tickets, and police warnings: the case for a Fourth Amendment non-custodial arrest doctrine.
- The end of the road for Miranda v. Arizona? On the history and future of rules for police interrogation.
- Federal food and drug act violations.
- Miranda and reasonableness.
- Money laundering.
- Computer crimes.
- Obstruction of justice.
- At least give them Miranda: an exception to prompt presentment as an alternative to denying fundamental Fifth Amendment rights in domestic terrorism cases.
- Intellectual property crimes.
- The perversions of prison: on the origins of hypermasculinity and sexual violence in confinement.
- Foreign Corrupt Practices Act.
- Expanding protective sweeps within the home.
- Intellectual property.
- Conflicts of interest in criminal cases: should the prosecution have a duty to disclose?
- Trends in corporate criminal prosecutions.
- Do criminal defendants have too many rights?
- When the constable behaves and the courts blunder: expanding the good-faith exception in the wake of Arizona v. Gant.
- Introduction.
- Life, death, and Medicare fraud: the corruption of hospice and what the private public partnership under the federal False Claims Act is doing about it.
- The balance among corporate criminal liability, private civil suits, and regulatory enforcement.
- Crawford at its limits: hearsay and forfeiture in child abuse cases.
- Corporations cry uncle and their employees cry foul: rethinking prosecutorial pressure on corporate defendants.
- Globalization and the federal prosecution of white collar crime.
- Racketeer influenced and corrupt organizations.
- Tax evasion.
- Financial institution fraud.
- Lego v. Twomey: the improbable relationship between an obscure Supreme Court decision and wrongful convictions.
- Federal criminal conspiracy.
- The exclusionary rule at sentencing: new life under the Federal Sentencing Guidelines?
- Health care fraud.
- Corporate criminal liability: when does it make sense?
- Reducing corporate criminality: the role of values.
- Money laundering.
- Obstruction of justice.
- Employment-related crimes.
- Reviving "law office history": how academic and historical sources influence Second Amendment jurisprudence.
- False claims.
- Providing those with mental illness full and fair treatment: legislative considerations in the post-Clark era.
- Money laundering.
- Computer crimes.
- Election law violations.
- Racketeer influenced and corrupt organizations.
- Foreword to corporate criminality: legal, ethical and managerial implications.
- Federal criminal conspiracy.
- Employment related crimes.
- Lessons of disloyalty in the world of criminal informants.
- False statements and false claims.
- A generational shift for federal drug sentences.
- Affective forecasting and capital sentencing: reducing the effect of victim impact statements.
- Tax violations.
- Employment-related crimes.
- Strategic segregation in the modern prison.
- Autonomy versus a client's best interests: the defense lawyer's dilemma when mentally ill clients seek to control their defense.
- Common scents: the intersection of the 'plain smell' and 'common enterprise' doctrines.
- A 'second look' at crack cocaine sentencing policies: one more try for federal equal protection.
- Organizational sentencing.
- False statements and false claims.
- Two critical evidentiary issues in child sexual abuse cases: closed-circuit testimony by child victims and exceptions to the hearsay rule.
- Reviving hope for domestic violence prosecutions: Giles v. California.
- Under-breaded shrimp and other high crimes: addressing the over-criminalization of commercial regulation.
- The exclusionary rule as Fourth Amendment judicial review.
- Money laundering.
- What's in a name?
- Shields, swords, and fulfilling the exclusionary rule's deterrent function.
- Unraveling criminal statutes of limitations.
- Foreign Corrupt Practices Act.
- How the pretrial process contributes to wrongful convictions.
- Journalists caught in the crossfire: Robert Novak, the First Amendment, and journalist's duty of confidentiality.
- Environmental crimes.
- The independent counsel statute: bad law, bad policy.
- Computer crimes.
- Back with a vengeance: the resilience of retribution as an articulated purpose of criminal punishment.
- Securities fraud.
- Blowing the whistle on the Dodd-Frank amendments: the case against the new amendments to whistleblower protection in section 806 of Sarbanes-Oxley.
- Public corruption.
- False statements.
- Risk-needs assessment: constitutional and ethical challenges.
- How do federal courts of appeals apply Booker reasonableness review after Gall?
- Procedural issues.
- Environmental crimes.
- Guarding the rights of the accused and accuser: the jury's role in awarding criminal restitution under the Sixth Amendment.
- Emotional competence, "rational understanding," and the criminal defendant.
- Wavering on waiver: Montejo v. Louisiana and the Sixth Amendment right to counsel.
- The conviction of Lynne Stewart and the uncertain future of the right to defend.
- The hitchhikers guide to the Fourth Amendment: the plight of unreasonably seized passengers under the heightened factual nexus approach to exclusion.
- Panel discussion.
- Does DOJ's privilege waiver policy threaten the rationales underlying the attorney-client privilege and work product doctrine? A preliminary "no".
- Federal criminal conflict of interest.
- Private police and democracy.
- Considering race and crime: distilling non-partisan policy from opposing theories.
- Federal criminal conspiracy.
- Environmental crimes.
- The self-defensive cognition of self-defense.
- Intellectual property crimes.
- Perjury.
- Cell phone snooping: why electronic eavesdropping goes unpunished.
- "Left behind" after Sarbanes-Oxley.
- Toward improving the law and policy of corporate criminal liability and sanctions.
- Institutional factors bearing on criminal charging decisions in complex regulatory environments.
- Editor's note.
- Breaking out of 'custody': a feminist voice in constitutional criminal procedure.
- Antitrust violations.
- Corporate criminal liability.
- Health care fraud.
- Racketeer influenced and corrupt organizations.
- Obstruction of justice.