3d annual Shadow CrimProf Gathering at the Law and Society meeting

At Dan Markel's request, we reprint below a message he recently sent to the CrimProf listserv about next week's program in San Francisco. It looks like a great group of papers:

In anticipation of next week's 3d annual Shadow CrimProf Gathering at the Law and Society meeting in San Fran, I'm both attaching and pasting below the information regarding the ten panels we (Miriam Baer and I) have slated. You'll notice that our panels begin with "Criminal Justice 01, 02, etc"

As I understand it, all ten of our panels will be held in the same room, which is very convenient. Unfortunately, the preliminary program doesn't say what room that is in but once I know what it is next week, I'll share it here and on Prawfs.com

Presenters on these panels are sharing their drafts with the others on their panels, hopefully by today (I say shame-facedly and foot-draggingly). However, if you see a paper not on your panel that you'd like to read in advance of the presentation (or perhaps, perish the thought, you won't be able to make the presentation because of some conflict), then please reach out and email that person--I'm almost certain that people are excited to get feedback on these works in progress.

Last, Miriam Baer and I invite you all to join us at the Clock Bar around 9pm on Friday evening in the St. Francis Westin hotel for drinks and company. Please feel free to let either of us know in advance if you and others may be coming. All are welcome.

See you next week, and below is the schedule:

Criminal Justice 01: Topics in Substantive Criminal Law 1210

Keyword Area CRIME AND VICTIMS Schedule Information: Scheduled Time: Thu, Jun 2 - 10:15am - 12:00pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 01: Topics in Substantive Criminal Law 1210 Session Participants: Chair: Ruth Jones (University of the Pacific) rjones@pacific.edu Sex, Drugs, and Cyberbullies: Reflections on Parenting, Policing, and Schooling *Deborah Ahrens (Seattle University) The Choice of Evils *Vera Bergelson (Rutgers University, Newark) From Coverture to Conspiracy and Back Again: Women, Crime, and Coercion *Mary Anne Franks (University of Miami) Reinvigorating Actus Reus: The Case for Involuntary Actions by Veterans with Post-Traumatic Stress Disorder *Melissa Hamilton (University of South Carolina) Abstract: The panel will discuss various issues of substantive criminal law, including the following presentations: 1. Melissa Hamilton, Reinvigorating Actus Reus: The Case for Involuntary Actions by Veterans with Post-Traumatic Stress Disorder;  2. Mary Anne Franks: From Coverture to Conspiracy and Back Again: Women, Coercion, and Crime; 3. Vera Bergelson, The Choice of Evils; and 4. Deb Ahrens, Sex, Drugs, and Cyberbullies: Reflections on Schooling, Parenting, and Policing.

Criminal Justice 02: Institutional and Theoretical Issues in Punishment 1310

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Sponsor: Keyword Area CRIME AND VICTIMS Schedule Information: Scheduled Time: Thu, Jun 2 - 12:30pm - 2:15pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 02: Institutional and Theoretical Issues in Punishment 1310 Session Participants: Chair: Dan Markel (Florida State University) markel@post.harvard.edu Punishing Corporate Governance *Miriam Baer (Brooklyn Law School) Cruel and Unusual Federal Punishments *Michael J.Z. Mannheimer (Northern Kentucky University) Retributive Justice: 4 Questions *Dan Markel (Florida State University) Total Retribution *Meghan J. Ryan (Southern Methodist University) Discussant: Richard H. McAdams (University of Chicago) rmcadams@uchicago.edu       Abstract: This panel will include a series of papers addressing the relationship between punishment and democracy, punishment and corporate governance, and punishment constitutionalism.

Criminal Justice 03: Criminal Procedure and Policing 1410

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Sponsor: Keyword Area CRIME AND VICTIMS Schedule Information: Scheduled Time: Thu, Jun 2 - 2:30pm - 4:15pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 03: Criminal Procedure and Policing 1410 Session Participants: Chair/Discussant: Fabio Arcila Jr. (Touro College) farcila@tourolaw.edu A Spectacular Non Sequitur *David Gray (University of Maryland) Reasonableness with Teeth: The Future of Fourth Amendment Reasonableness Analysis *Cynthia K Lee (George Washington University) Interrogation and the Roberts Court: Rules for "Fair Play," Not Protecting Vulnerable Suspects *Jonathan Witmer-Rich (Cleveland State University) Abstract: Among the Fourth Amendment’s core concerns is the relationship between the public and police. Increasingly, that relationship has been subjected to reasonableness analysis. Though once predominant in the civil search context, increasingly reasonableness analysis has been moving into the criminal search and seizure context as well. This development has caused great concern among many commentators, as a move toward reasonableness has the potential for undermining traditional Fourth Amendment threshold protections. This panel will explore the implications of this move toward Fourth Amendment reasonableness, asking questions such as whether adequate protections of Fourth Amendment interests can exist under a reasonableness framework, and how Fourth Amendment doctrine should respond to reasonable mistakes. Also to be considered are the related issues of the exclusionary rule and modern developments under the Roberts Court in the law of police interrogation.

 

Criminal Justice 04: Searches and Privacy 2110

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Sponsor: Keyword Area POLICING AND PUNISHMENT Schedule Information: Scheduled Time: Fri, Jun 3 - 8:15am - 10:00am  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 04: Searches and Privacy 2110 Session Participants: Chair: Josephine Ross (Howard University) Jross.howardlaw@gmail.com Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World *Jeffrey Bellin (Southern Methodist University) A Parent's "Apparent" Authority *Hillary B. Farber (Northeastern University) Privacy in the Workplace: City of Ontario v Quon *Clifford S Fishman (Catholic University of America) Consent-To-Search and Dignity *Josephine Ross (Howard University) Abstract: This country is at a crossroads regarding privacy. Although the Fourth Amendment places limits on the ability of police to stop individuals and search them and their possessions, these rights are being eroded from a number of different angles. This session will discuss four of the ways that privacy is challenged, including the ever-expanding use of technology that tests long-standing substantive Fourth Amendment doctrine, the rules allowing the government to investigate its employees, the consent doctrine that allows police to search without any reason to believe the individual is in possession of something illicit, and the apparent authority doctrine that allows parents to consent to searches of their children even when these young individuals would not willingly give up their privacy. In many situations, it is the more vulnerable among us who are most likely to be expected to submit to pat-downs or full blown searches. We will offer an array of fixes to these conundrums and promise a lively debate.

 

Criminal Justice 05: Constitutional Issues in Criminal Procedure 2210

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Sponsor: Keyword Area CONSTITUTIONAL LAW AND CONSTITUTIONALISM Schedule Information: Scheduled Time: Fri, Jun 3 - 10:15am - 12:00pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 05: Constitutional Issues in Criminal Procedure 2210 Session Participants: Chair: William W. Berry III (University of Mississippi) wwberry@olemiss.edu Criminal Constitutional Avoidance *William W. Berry III (University of Mississippi) Graham on the Ground *Cara H Drinan (Catholic University of America) The Sounds of Silence *Erik Lillquist (Seton Hall University) Abstract: This panel investigates several different issues related to the constitutionality of various aspects of criminal procedure.

Criminal Justice 06: Privacy and Security 2410

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Sponsor: Keyword Area CRIME AND VICTIMS Schedule Information: Scheduled Time: Fri, Jun 3 - 2:30pm - 4:15pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 06: Privacy and Security 2410 Session Participants: Chair: Fabio Arcila Jr. (Touro College) farcila@tourolaw.edu Binary Searches and the Central Meaning of the Fourth Amendment (download) *Lawrence Rosenthal (Chapman University) Guantanamo And Domestic Criminal Justice *Nirej Sekhon (Georgia State University) Indecent Exposure: How Private is a Student's Cell Phone? *Amy Vorenberg (University of New Hampshire) From Trade Secret Thief to Julius Rosenberg: How Government Bailouts May Affect the Concept of Industrial Espionage *Robert E Wagner (Case Western Reserve University) Abstract: Panel will address issues at the intersections of criminal justice and public/private security: Larry Rosenthal, 4A and Dogs and Privacy Nirej Sekhon, Crime, Community, and Terror Amy Vorenberg, TBA Rober Wagner, Frome Trade Secret Thief to Julius Rosenberg: How Government Bailourts May Affect the Concept of Industrial Espionage

 

Criminal Justice 07: Perspectives on Prosecutors and Defense Attorneys 2510
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Sponsor: Keyword Area CRIME AND VICTIMS Schedule Information: Scheduled Time: Fri, Jun 3 - 4:30pm - 6:15pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 07: Perspectives on Prosecutors and Defense Attorneys 2510 Session Participants: Chair: Barbara O'Brien (Michigan State University) obrienb@law.msu.edu Becoming a Prosecutor: How Prosecutors Grow into Their Professional Roles *Kay Levine (Emory University), Ron Wright (Wake Forest University) Collective Bargaining, Constitutional Rights, and Criminal Defense *Pamela R Metzger (Tulane University) Ready to Listen: The North Carolina General Assembly’s Decision to Go Where the McCleskey Court Wouldn’t *Barbara O'Brien (Michigan State University), Catherine M Grosso (Michigan State University) Discussant: Shima Baradaran (Brigham Young University) shimabaradaran@gmail.com       Abstract: This panel will focus on research examining the roles of prosecutors and defense attorneys in the adversarial process. The papers will look at different aspects of the process, including prosecutorial charging decisions, the role of defense counsel in the pre- and post-adversarial stages, and the culture of prosecutors’ offices in shaping norms and practices. For instance, one paper will critically examine the Supreme Court’s recent cases regarding the right to counsel under the Sixth Amendment, while another looks at the possibility of defense attorneys bargaining collectively. A third paper will discuss institutional culture and norms that shape prosecutorial decision making based on interviews with state prosecutors in North Carolina and Georgia. A final paper examines the political and cultural context that facilitated a substantial legislative shift in North Carolina as to how courts are to review prosecutorial and jury decision making in death penalty cases.
Criminal Justice 08: Adjudication and Trial 3210

 

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Sponsor:

Keyword Area COURTS AND TRIALS

Schedule Information:

Scheduled Time: Sat, Jun 4 - 10:15am - 12:00pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 08: Adjudication and Trial 3210

Session Participants:

Chair: Caren M Morrison (Georgia State University) cmorrison13@gsu.edu Saving Face(book): How Social Networking During Voir Dire Will Eviscerate What's Left of Batson *Caren M Morrison (Georgia State University) Defending the Indefensible: Why Society Should Protect Snitches *Michael L Rich (Elon University) Juror Privacy *Melanie D. Wilson (University of Kansas)

Abstract:

The panelists will discuss works in progress primarily focusing on privacy and security of lay participants in the criminal justice system, in particular jurors and confidential informants. The panel will also consider the role of defense counsel in the civil law system. The presenters and papers are as follows: 1. Shawn Marie Boyne: "Paper Tigers?: The Role of Criminal Defense Attorneys in Civil Law Systems" 2. Thomas Cohen, "Who’s Better at Defending Criminals? Does Type of Defense Attorney Matter in Terms of Producing Favorable Case Outcomes" 3. Melanie Wilson: "Protecting Jurors' Privacy."  4. Caren Morrison: "Saving Face(book): How Social Networking During Voir Dire Will Eviscerate What's Left of Batson." 5. Michael Rich, "In Defense of the Indefensible: Why and How the Law Should Protect Snitches."

 

Criminal Justice 09 Roundtable--Most Deserving of Death? An Analysis of the Supreme Court's Death Penalty Jurisprudence 3410

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Sponsor: Keyword Area JUSTICE Schedule Information: Scheduled Time: Sat, Jun 4 - 2:30pm - 4:15pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 09 Roundtable--Most Deserving of Death? An Analysis of the Supreme Court's Death Penalty Jurisprudence 3410 Session Participants: Chair: Kenneth Williams (South Texas College of Law) kwilliams@stcl.edu Participant: Susan Rozelle (Stetson University) srozelle@law.stetson.edu Participant: Laurent Sacharoff (University of Arkansas) lsacharo@uark.edu Participant: Andrew Taslitz (Howard University) ataslitz@law.howard.edu Abstract: The death penalty continues to be one of the most divisive issues in the United States. Past disputes, such as slavery and racial segregation, have been largely resolved. Yet, the debate over capital punishment persists. Proponents and opponents of capital punishment disagree about whether it is just, whether it deters, whether it is racist and just about every other issue associated with the death penalty. Both sides, however, seem to have reached a consensus about one thing: the system is broken. How did we end up with a system that both supporters and opponents of the death penalty would agree has become dysfunctional on all levels? The author places the blame primarily on the United States Supreme Court through an analysis of its death penalty jurisprudence.

Criminal Justice 10 Roundtable--An Investigation of Empirical Desert 3510

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Sponsor: Keyword Area CRIME AND VICTIMS Schedule Information: Scheduled Time: Sat, Jun 4 - 4:30pm - 6:15pm  Building/Room: St. Francis or Nikko, TBA 10 Title Displayed in Event Calendar: Criminal Justice 10 Roundtable--An Investigation of Empirical Desert 3510 Session Participants: Chair: Christopher Slobogin (Vanderbilt University) c.slobogin@vanderbilt.edu Participant: Lauren Brinkley-Rubinstein (Vanderbilt University) Lauren.K.Brinkley-Rubinstein@vanderbilt.edu Participant: John Darley (Princeton University) jdarley@princeton.edu Participant: Dena Gromet (University of Pennsylvania) dgromet@neuroethics.upenn.edu Participant: Tom Tyler (New York University) tyler@xp.psych.nyu.edu Abstract: The central contention of empirical desert is that adherence to societal views of “justice” will not only satisfy retributive urges but will also be as efficacious at controlling crime as a system that straightforwardly revolves around utilitarian purposes of punishment, because it will enhance the moral credibility of the law and therefore enhance compliance with it (Robinson, 2010). This roundtable will discuss data testing hypotheses that raise vulnerabilities in this argument, and offers insights from procedural justice, cognitive bias, and neurological perspectives.