CrimProf Blog

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

Monday, July 22, 2013

Goldbach, Brake & Katzenstein on the Movement of US Criminal and Administrative Law

Toby S Goldbach Benjamin Brake and Peter Katzenstein (Cornell University - Law School , Government Department, Cornell University and Cornell University) have posted The Movement of US Criminal and Administrative Law: Processes of Transplanting and Translating (Indiana Journal of Global Legal Studies, Vol. 20, No. 1, 2013) on SSRN. Here is the abstract:

This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures undergo processes of translation also illustrates the growing prevalence of legal syncretism. The uneven record of transplanting and translating principles of U.S. domestic administrative law into international organizations exemplifies pluralism in the absence of a global legal hegemon. Our aim is to draw attention to the interaction between international and domestic legal factors and to show that multiple legal products shape processes of transplanting and translating, thus creating a polymorphic legal world often characterized by syncretic practices. The new normal is broad consultation of a range of international models and a facility for translating multiple or even conflicting legal practices. This presents opportunities for positive legal change and complicates efforts to locate clear sources of power in the movement of law.

July 22, 2013 | Permalink | Comments (0)

Sunday, July 21, 2013

"A Black Box for Car Crashes"

From the New York Times:

About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.

The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.


July 21, 2013 | Permalink | Comments (0)

"The NSA Admits It Analyzes More People's Data Than Previously Revealed"

From The Atlantic Wire:

Analysts look "two or three hops" from terror suspects when evaluating terror activity, Inglis revealed. Previously, the limit of how surveillance was extended had been describedas two hops. This meant that if the NSA were following a phone metadata or web trail from a terror suspect, it could also look at the calls from the people that suspect has spoken with—one hop. And then, the calls that second person had also spoken with—two hops. Terror suspect to person two to person three. Two hops. And now: A third hop.

Think of it this way. Let's say the government suspects you are a terrorist and it has access to your Facebook account. If you're an American citizen, it can't do that currently (with certain exceptions)—but for the sake of argument. So all of your friends, that's one hop. Your friends' friends, whether you know them or not—two hops. Your friends' friends' friends, whoever they happen to be, are that third hop. That's a massive group of people that the NSA apparently considers fair game.


July 21, 2013 | Permalink | Comments (0)

Top-Ten Recent SSRN Downloads

Ssrn logoin criminal law and procedure ejournals are here. The usual disclaimers apply.

RankDownloadsPaper Title
1 799 Privacy Protests: Surveillance Evasion and Fourth Amendment Suspicion 
Elizabeth E. Joh
U.C. Davis School of Law, 
Date posted to database: June 26, 2013 [new to top ten]
2 460 Safeguarding the Commander's Authority to Review the Findings of a Court-Martial 
Andrew S. Williams
Brigham Young University, 
Date posted to database: June 9, 2013 [1st last week]
3 252 Administrative Segregation, Degrees of Isolation, and Incarceration: A National Overview of State and Federal Correctional Policies 
Judith ResnikJamelia MorganAlyssa Roxanne WorkJulia SpiegelHope MetcalfHaran TaeSamuel Oliker-FriedlandBrian Holbrook
Yale Law School, Independent, Independent, Yale University - Law School, Independent, Yale Law School, Independent, Independent, 
Date posted to database: July 1, 2013 [new to top ten]
4 218 Experiments in International Criminal Justice: Lessons from the Khmer Rouge Tribunal 
John D. CiorciariAnne Heindel
University of Michigan - Gerald R. Ford School of Public Policy, Documentation Center of Cambodia, 
Date posted to database: May 26, 2013 [3rd last week]
5 178 A Daubert Analysis of Abusive Head Trauma/Shaken Baby Syndrome — Part II: An Examination of the Differential Diagnosis 
Sandeep K. NarangJohn David MelvilleChristopher S. Greeley,Shannon L. CarpenterBetty Spivack,James D. Anderst
University of Texas at San Antonio - Health Science Center, UTHSCSA, UTHSC-Houston, Children's Mercy Hospital, Children's Mercy Hospital, Unaffiliated Authors - Independent, 
Date posted to database: July 4, 2013 [new to top ten]
6 151 Judicial Gatekeeping of Suspect Evidence: Due Process and Evidentiary Rules in the Age of Innocence 
Keith A. Findley
University of Wisconsin Law School, 
Date posted to database: June 4, 2013 [5th last week]
7 136 Libertarian Paternalism, Path Dependence, and Temporary Law 
Richard H. McAdamsTom Ginsburg,Jonathan S. Masur
University of Chicago Law School, University of Chicago - Law School, University of Chicago Law School, 
Date posted to database: June 19, 2013 [8th last week]
8 133 The Impact of Neuroimages in the Sentencing Phase of Capital Trials
Michael J. SaksN. J. SchweitzerEyal AharoniKent Kiehl
Arizona State University (ASU) - Sandra Day O'Connor College of Law, Arizona State University, University of California, Santa Barbara - Department of Psychology, University of New Mexico, 
Date posted to database: June 6, 2013 [7th last week]
9 114 Assessing the Control-Theory 
Jens David OhlinElies van Sliedregt,Thomas Weigend
Cornell University - School of Law, VU University Amsterdam - Faculty of Law, University of Cologne, 
Date posted to database: June 10, 2013 [10th last week]
10 159 Seven Ways Neuroscience Aids Law 
Owen D. Jones
Vanderbilt University - Law School & Dept. of Biological Sciences, 
Date posted to database: June 19, 2013 [6th last week]


July 21, 2013 | Permalink | Comments (0)