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Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, December 14, 2009

Weekend Roundup

Sunday, December 13, 2009

"Liman Public Interest Colloquium March 4-5 Examines Prisons"

Yale Law School's press release is here and is republished after the jump.

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December 13, 2009 | Permalink | Comments (0)

Murphy on Legality in Criminal Law and the European Court of Human Rights

Cian C. Murphy  (City University London - City Law School) has posted The Principle of Legality in Criminal Law Under the ECHR on SSRN. Here is the abstract:

This article critically analyses the case-law of the European Court of Human Rights on Article 7 ECHR. It sets out the details of the principle of legality (nullum crimen sine lege) in criminal law and examines the manner in which the Court has developed the principle to encompass three overlapping rules: only the law can define a crime and prescribe a penalty; the prohibition on retrospective criminal law and the prohibition on the imposition of harsher penalties. It also addresses the limitations on the principle and the Court’s attempt to ‘balance’ the nullum crimen principle against the spirit of the Convention in certain key cases.

December 13, 2009 | Permalink | Comments (0)

Sheyn on Epstein on Deferred and Non-Prosecution Agreements

Elizabeth R. Sheyn  has posted Anything But a Racket: Why Professor Richard Epstein's Attack on the Nature and Function of Deferred and Non-Prosecution Agreements Misses the Mark on SSRN. Here is the abstract:

In light of recent scandals involving companies such as Enron and Arthur Andersen, the need to impose criminal penalties on corporations has been on the rise. More and more often, however, federal prosecutors have utilized deferred and non-prosecution agreements in lieu of indicting and criminally prosecuting business entities. Despite the advantages that such agreements create for both prosecutors and companies, Professor Richard Epstein has vigorously attacked this practice in his recent article, The Deferred Prosecution Racket, contending that deferred and non-prosecution agreements do not serve the public interest because they do not help to restore shareholder confidence in the firm and undermine the principle of separation of powers. Epstein’s arguments are ill-founded, however, as deferred and non-prosecution agreements rebuild shareholder and public confidence in corporations while allowing companies to avoid certain death by indictment. Moreover, it is only by imposing or by threatening to impose criminal liability on business entities, rather than by solely charging individuals, that the government can effectively stop and prevent corporate crime.

Advocating for the continuing usefulness and utility of deferred and non-prosecution agreements and against Epstein’s approach of wholly eliminating corporate criminal liability, this Article discusses the concept of corporate criminality, provides an overview of the definition and function of deferred and non-prosecution agreements, and contends that such agreements are the best, if not the only, means of preventing and addressing criminal conduct arising in the corporate context.

December 13, 2009 | Permalink | Comments (0)

"When California denies a murderer parole, should it need a reason?"

The L.A. Times has the story here, noting that "Eligible prisoners can't be refused early release just because of the gravity of their crimes -- 'some evidence' has to show the inmate would pose a threat to public safety, some judges have ruled."

December 13, 2009 | Permalink | Comments (0)

"Without Honest Services, the Government Will Live"

Ellen Podgor at White Collar Crime Prof Blog has this post here, noting and commenting on some recent pieces addressing the topic of this past week's oral arguments and coming cases on the Court's docket.

December 13, 2009 | Permalink | Comments (0)

Top-Ten Recent SSRN Downloads

Ssrn logo are here. The usual disclaimers apply.

Rank Downloads Paper Title
1 302 The Emerging Criminal War on Sex Offenders
Corey Rayburn Yung,
The John Marshall Law School,
Date posted to database: August 18, 2009
2 288 The Increased Level of EU Antitrust Fines, Judicial Review, and the European Convention on Human Rights
Wouter P. J. Wils,
European Commission Legal Service,
Date posted to database: October 24, 2009
3 194 Can Bad Science Be Good Evidence: Lie Detection, Neuroscience, and the Mistaken Conflation of Legal and Scientific Norms
Frederick Schauer,
University of Virginia School of Law,
Date posted to database: August 13, 2009 [5th last week]
4 158 Amicus Brief in Mcdonald v. Chicago: On Behalf of the International Law Enforcement Educators and Trainers Association, Et Al
David B. Kopel,
Independence Institute,
Date posted to database: November 22, 2009 [new to top ten]
5 156 Incarceration American-Style
Sharon Dolovich,
University of California, Los Angeles - School of Law,
Date posted to database: October 13, 2009 [7th last week]
6 155 The Experiential Future of the Law
Adam J. Kolber,
University of San Diego School of Law,
Date posted to database: October 13, 2009
7 148 Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009
Mary Ellen O'Connell,
Notre Dame Law School ,
Date posted to database: November 6, 2009 [10th last week]
8 116 White Collar Innocence: Irrelevant in the High Stakes Risk Game
Ellen S. Podgor,
Stetson University College of Law,
Date posted to database: October 16, 2009 [new to top ten]
9 100 A Certain Uncertainty; an Assessment of Court Decisions for Tackling Corruptions in Indonesia 2001‐2008
Rimawan Pradiptyo,
Universitas Gadjah Mada,
Date posted to database: September 30, 2009 [new to top ten]
10 94 Two Ways to Think About the Punishment of Corporations
Albert W. Alschuler,
Northwestern University - School of Law,
Date posted to database: October 22, 2009 [new to top ten]

December 13, 2009 | Permalink | Comments (0)