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Topic: Criminal Law

Bailouts and the Potential for Distortion of Federal Criminal Law: Industrial Espionage and Beyond

Robert E. Wagner | Article

This Article reveals previously neglected and disconcerting consequences that government participation in corporate ownership can have on American criminal law, and it illustrates these problems by establishing how the recent bailout could influence criminal enforcement. The Article shows how the model of cost allocation developed by Guido Calabresi and based on Ronald Coase’s work can apply in the context of the criminal law and specifically economic crimes. The argument in this Article then demonstrates how the government’s purchase of corporate shares through the implementation of the Troubled Asset Relief Program (TARP) causes inefficiencies and inequalities in the criminal law, including [...]

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Juvenile Criminal Responsibility: Can Malice Supply the Want of Years

Craig S. Lerner | Article
Can the young be held accountable for their crimes? At common law, juveniles were entitled to a presumption of incapacity, but were subject to criminal liability on an individualized basis: demonstrated malice supplied the want of years. In Graham v. Florida, the United States Supreme Court rejected this principle and held that juveniles categorically could not be sentenced to life without parole for crimes other than homicide. This Article argues that embedded in the Court’s holding is a simplifying assumption about the relative maturity of juveniles and adults and a moral claim about the culpability of homicides and nonhomicides—both this [...]
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Is It Really That Simple?: Circuits Split over Reasonable Suspicion Requirement for Visual Body-Cavity Searches of Arrestees

Camille E. Gauthier | Comment

In Bell v. Wolfish, the United States Supreme Court upheld visual body-cavity strip searches on pretrial detainees but called for a balancing of privacy and security interests. For the three decades following Bell, courts routinely read in a reasonable suspicion requirement as part of that balance. That changed in 2008 when the United States Court of Appeals for the Eleventh Circuit held that the Fourth Amendment permits strip searches of all arrestees, regardless of whether there is any reasonable suspicion that an arrestee possesses contraband. In 2010, the United States Courts of Appeals for the Third and Ninth Circuits followed [...]

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Clarity and Confusion: RICO’s Recent Trips to the United States Supreme Court

Randy D. Gordon | Article

The complicated structure of the Racketeer Influenced and Corrupt Organization Act has bedeviled courts and litigants since its adoption four decades ago. Two questions have recurred with some frequency. First, is victim reliance an element of a civil RICO claim predicated on allegations of fraud? Second, what is the difference between an illegal association-in-fact and an ordinary civil conspiracy? In a series of three recent cases, the United States Supreme Court brought much needed clarity to the first question. But in another recent case, the Court upended decades of circuit-court precedent holding that an actionable association-in-fact must embody a set [...]

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A Crime Against Common Sense: How Louisiana’s Implementation of the Adam Walsh Act Exposes the Law’s Most Significant Flaw

Kelsey Meeks Duncan | Comment

In Louisiana, hundreds of people are required to register as sex offenders for committing a crime that is neither violent, predatory, nor against children. Prostitutes who offer (or solicitors seeking) vaginal sex are convicted of prostitution, whereas prostitutes offering (or solicitors seeking) oral or anal sex may be convicted of “Crime against nature” and must register as sex offenders. This Comment explores how Louisiana’s implementation of the flawed Adam Walsh Act has led to the senseless mislabeling of those convicted of “Crime against nature” as sex offenders. More than merely recognizing the problem, this Comment offers a practical solution.

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