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

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Monday, January 11, 2010

USSC Reverses Habeas Grant in Case Attacking State's DNA Evidence

The per curiam opinion in McDaniel v. Brown is here, concluding that the Ninth Circuit erred in considering evidence extrinsic to trial in applying the sufficiency-of-evidence standard from Jackson v. Virginia. Justice Thomas filed a concurrence in which Justice Scalia concurred.

January 11, 2010 | Permalink | Comments (0)

DOJ Critiques Policies on Deadly Force in Calfornia City

The Los Angeles Times has the story on Inglewood here. Among the objections in Justice's 33-page letter:

* Inglewood police routinely assigned certain types of excessive force investigations to supervisors who either wrote the initial incident report or approved it, creating "an apparent conflict of interest."

* The agency's rules on using deadly force are vague and inconsistent with U.S. Supreme Court guidelines. "The majority of the [department's] policies and procedures are outdated," federal officials said.

* The department provides its officers with "little direction" on when to use electric Taser weapons. The city should prohibit officers from using Tasers on suspects who are restrained.

* The Police Department should create an early warning system to better track excessive force complaints and other conduct. Such a system would help alert supervisors to problem officers.

January 11, 2010 | Permalink | Comments (0)

Sunday, January 10, 2010

Top-Ten Recent SSRN Downloads

Ssrn logo are here. The usual disclaimers apply:

Rank Downloads Paper Title
1 333 How Movies Created the Financial Crisis
Larry E. Ribstein,
University of Illinois College of Law,
Date posted to database: November 3, 2009 [2nd last week]
2 203 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 [3rd last week]
3 179 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 [4th last week]
4 150 Self-Defense Targetings of Non-State Actors and Permissibility of U.S. Use of Drones in Pakistan
Jordan J. Paust,
University of Houston - Law Center,
Date posted to database: December 11, 2009 [new to top ten]
5 92 Unintended Collateral Consequences: Defining Felony in the Early American Republic
Will Tress,
University of Baltimore - School of Law,
Date posted to database: December 4, 2009 [new to top ten]
6 91 Democracy as the Rule of Law
Paul Horwitz,
University of Alabama School of Law,
Date posted to database: November 9, 2009 [new to top 10}
7 83 Why the Prior Conviction Sentencing Enhancements in Illegal Re-Entry Cases are Unjust and Unjustified (and Unreasonable Too)
Doug Keller,
Author - affiliation not provided to SSRN,
Date posted to database: December 1, 2009 [new to top ten]
8 81 Fifty State Survey of Adult Sex Offender Registration Laws
Brenda V. Smith,
American University - Washington College of Law,
Date posted to database: December 3, 2009 [new to top 10]
9 80 Towards a More Reasonable Approach to Free Will in Criminal Law
Stephen T. O'Hanlon,
Temple University,
Date posted to database: November 4, 2009 [7th last week]
10 80 The Dog that Didn't Bark: Stealth Procedures and the Erosion of Stare Decisis in the Federal Courts of Appeals
Amy E. Sloan,
University of Baltimore - School of Law,
Date posted to database: November 14, 2009 [6th last week]

January 10, 2010 | Permalink | Comments (0)