CrimProf Blog

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

are here.  The usual disclaimers apply.

Rank	Paper	Downloads
1.	Redistributing Justice Benjamin Levin and Kate Levine Washington University in St. Louis - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law Date Posted: 28 Jan 2024	348
2.	Capital Trifurcation William W. Berry III University of Mississippi School of Law Date Posted: 29 Feb 2024 [3rd last week]	206
3.	Sacred Secrets Enabling Child Sex Abuse Amos N. Guiora, Diana Pogosyan and Matylda Blaszczak University of Utah - S.J. Quinney College of Law, University of Utah, S.J. Quinney College of Law, Students and Honors College, University of Utah Date Posted: 03 Mar 2024 [4th last week]	188
4.	Building Rapport in Interviews with Adolescent Trafficking Victims Rachel Dianiska, Emma Simpson, Sarah Kim, Thomas D. Lyon and Jodi Quas University of California, Irvine, University of California, Irvine - Department of Psychological Science, University of California, Irvine - Department of Psychological Science, University of Southern California Gould School of Law and University of California, Irvine - Department of Criminology, Law and Society Date Posted: 01 Mar 2024 [5th last week]	176
5.	Brain Science for Lawyers, Judges, and Policymakers Owen D. Jones, Jeffrey D. Schall, Francis X. Shen, Morris B. Hoffman and Anthony D. Wagner Vanderbilt University - Law School & Dept. of Biological Sciences, York University, University of Minnesota Law School, Second Judicial District Court Judge, State of Colorado and Stanford University - Department of Psychology Date Posted: 15 Mar 2024 [new to top ten]	176
6.	The Cultural Gagging of Women Through the Lens of Johnny Depp V. Amber Heard: How Prominent Male Abusers Use Defamation Claims as a Retaliatory Mechanism to Silence Their Victims Blaize Hiatt Indiana University, Robert H. McKinney School of Law Date Posted: 21 Feb 2024	171
7.	Safe-T for Whom? How Legislative Overreach Transformed Criminals into Victims Kevin M. Zielinski Southern Illinois University - Southern Illinois University School of Law Date Posted: 20 Feb 2024	167
8.	Police Vigilantism Nadia Banteka Florida State University College of Law Date Posted: 08 Mar 2024	142
9.	Prosecutors in Robes Jacob Schuman The Pennsylvania State University (University Park) – Penn State Law Date Posted: 18 Mar 2024 [new to top ten]	138
10.	Ad Hoc Constructions of Penal Statutes Joel S. Johnson Pepperdine University - Rick J. Caruso School of Law Date Posted: 27 Feb 2024	138

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

are here.  The usual disclaimers apply.

Rank	Paper	Downloads
1.	Artificial Intelligence and Privacy Daniel J. Solove George Washington University Law School Date Posted: 29 Feb 2024	6,149
2.	Redistributing Justice Benjamin Levin and Kate Levine Washington University in St. Louis - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law Date Posted: 28 Jan 2024	348
3.	Habeas Corpus and Void Judgments David Kinnaird Independent Date Posted: 07 Feb 2024	199
4.	Building Rapport in Interviews with Adolescent Trafficking Victims Rachel Dianiska, Emma Simpson, Sarah Kim, Thomas D. Lyon and Jodi Quas University of California, Irvine, University of California, Irvine - Department of Psychological Science, University of California, Irvine - Department of Psychological Science, University of Southern California Gould School of Law and University of California, Irvine - Department of Criminology, Law and Society Date Posted: 01 Mar 2024 [6th last week]	176
5.	Brain Science for Lawyers, Judges, and Policymakers Owen D. Jones, Jeffrey D. Schall, Francis X. Shen, Morris B. Hoffman and Anthony D. Wagner Vanderbilt University - Law School & Dept. of Biological Sciences, York University, University of Minnesota Law School, Second Judicial District Court Judge, State of Colorado and Stanford University - Department of Psychology Date Posted: 15 Mar 2024 [new to top ten]	176
6.	Safe-T for Whom? How Legislative Overreach Transformed Criminals into Victims Kevin M. Zielinski Southern Illinois University - Southern Illinois University School of Law Date Posted: 20 Feb 2024 [7th last week]	167
7.	Accidental Brady Violations Adam M. Gershowitz William & Mary Law School Date Posted: 11 Mar 2024 [new to top ten]	156
8.	Police Vigilantism Nadia Banteka Florida State University College of Law Date Posted: 08 Mar 2024 [8th last week]	142
9.	Prosecutors in Robes Jacob Schuman The Pennsylvania State University (University Park) – Penn State Law Date Posted: 18 Mar 2024 [new to top ten]	138
10.	The Ominous Sound of Keys: Enabling Sexual Assaults in Prisons Amos N. Guiora, Anna M. Hall and Zev Gorfinkle University of Utah - S.J. Quinney College of Law, University of Utah, S.J. Quinney College of Law, Students and Honors College, University of Utah Date Posted: 05 Mar 2024	138

Jones et al. on Brain Science

Owen D. Jones, Jeffrey D. Schall, Francis X. Shen, Morris B. Hoffman, and Anthony D. Wagner (Vanderbilt University - Law School & Dept. of Biological Sciences, York University, University of Minnesota Law School, Second Judicial District Court Judge, State of Colorado and Stanford University - Department of Psychology) have posted Brain Science for Lawyers, Judges, and Policymakers (March 13, 2024) on SSRN. Here is the abstract:

 

Brain science in the form of neuroscientific evidence now appears frequently in courtrooms and policy discussions alike. Many legal issues are at stake, such as how to separate the best uses of brain science information from those that are potentially biasing or misleading. It is crucial to evaluate brain science evidence in light of relevant legal standards (such as the Daubert and Frye rules).

Brain Science for Lawyers, Judges, and Policymakers responds to this rapidly changing legal landscape, providing a user-friendly introduction to the fundamentals of neuroscience for lawyers, advocates, judges, legal academics, and policymakers. It features detailed but clear illustrations, as well as a comprehensive and accessible overview of developments in legally relevant neuroscience. Readers will learn brain science terms, how to understand and discuss brain structure and function in legally relevant contexts, and how to avoid over- or under-interpreting neuroscience evidence.

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Roach on Wrongful Convictions, Prosecutions, and Detention in India

Kent Roach (University of Toronto - Faculty of Law) has posted Wrongful Convictions, Wrongful Prosecutions and Wrongful Detention in India (National Law School of India Law Review) on SSRN. Here is the abstract:

 

The first part of this article examines wrongful convictions in India. In part because of the absence of a jury, appellate courts, including the apex court, are more willing to evaluate whether the evidence for a conviction is sufficient than appellate courts in other common law systems. From 2016 to 2022, the High Courts and the Supreme Court have acquitted over two hundred accused in death penalty cases alone. The willingness of appellate courts to acquit is a strength of the Indian system that should be maintained. At the same time, remedied wrongful convictions in India likely represent only the small tip of a larger iceberg. For example, no remedied wrongful convictions involving guilty pleas, DNA exonerations, crimes that were not committed, or that were remedied after appeals were exhausted were discovered in the research for this article, though these types of wrongful convictions are common in other democracies. The Indian record of discovered and remedied wrongful convictions confirms that, as in other countries, terrorism cases are particularly susceptible to wrongful convictions. This suggests the exception for terrorism cases from its proposed abolition of the death penalty by the Law Commission of India in its 2015 report is not justified. The death penalty presents a real risk of executing an innocent person.

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Jennings on Criminal Recordkeeping

Andrew Jennings (Emory University School of Law) has posted Criminal Recordkeeping (Washington University Law Review, Vol. 102, No. 1, 2024) on SSRN. Here is the abstract:

 

Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records would make for powerful evidence in the hands of prosecutors. That problem raises a question—why would one knowingly create and keep such records when their mere existence risks detection and sanction? The answer, in short, is that the interaction of illicit activity’s complexity and continuity compels recordkeeping. A business, including a criminal one, cannot be managed without adequate information about its operations, obligations, and condition. Just how complex and long-lived its affairs are will drive the scale and scope of its recordkeeping requirements.

Beyond these high-level intuitions, this Article contributes a novel theory of how the trueness or falsity of criminal business records, as well as the organizational settings in which they occur, shape their managerial uses and associated criminal-legal risks.

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Wylie et al. on Interviewing Children

Breanne E. Wylie, Ella Merriwether, Alma Olaguez, Miriam Lieber, J. Zoe Klemfuss, Thomas D. Lyon, and Kelly McWilliams (University of Southern California, John Jay College of Criminal Justice and the CUNY Graduate Center, University of California, Irvine, John Jay College of Criminal Justice and the CUNY Graduate Center, University of California, Irvine - Department of Psychological Science, University of Southern California Gould School of Law and City University of New York (CUNY) - John Jay College of Criminal Justice) have posted Adults’ Interpretation of Invitations Using the Word “Time” (Child Abuse Review (in press)) on SSRN. Here is the abstract:

 

The present study examined adults’ interpretations of invitations using the word “time”. Recent research has demonstrated that children may misunderstand these invitations as solely requesting temporal information (Friend et al., 2022). This study tested whether adults perceive the ambiguity in these invitations and whether they understand the source of children’s pseudotemporal errors. We examined 401 adult participants’ perceptions of invitations using the word “time,” varying the phrasing of the invitation (about the time vs. what happened) and whether the participant had exposure to a child’s pseudotemporal response. Adults largely interpreted the invitations as requests for what happened during an event, not requests for when an event occurred. They rated the invitations as clear, not difficult, and appropriate for elementary-aged children. However, they were more likely to rate about the time invitations as temporal compared to what happened invitations. Additionally, their perceptions of clarity and age appropriateness decreased when they were exposed to children’s overtly pseudotemporal responses. These results suggest that although adults typically fail to identify the ambiguity in invitations using the word “time,” they are able to adjust their interpretation of the questions, at least when they are provided clear evidence of children’s misinterpretation.

"US prosecutors try to send warning to cryptocurrency world with KuCoin prosecution"

From AP, via NACDL's news update:

U.S. Attorney Damian Williams said conspiracy charges against KuCoin and two executives should warn other crypto exchanges that they cannot serve U.S. customers without following U.S. laws. An indictment in Manhattan federal court said the company and its founders tried to conceal the existence of its U.S. customer base.

In December, New York Attorney General Letitia James secured a payout of more than $22 million from KuCoin to refund $16.7 million to over 150,000 New York investors and provide New York state with over $5.3 million. KuCoin was also required to cease New York operations after falsely representing itself as a crypto exchange without registering as a securities and commodities broker-dealer, James said.

"Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits"

FourthAmendment.com links to the story here:

The launchers mount to the front of police cars, so cops only have to chase a fleeing vehicle for long enough to tag it with a sticky dart, and then they can back off and track its location. Compressed air fires the darts, and they're said to travel at about 30 mph and stick without leaving any damage.

It isn't only on Long Island where these tracking darts are used, though. Police departments in Michigan, Tennessee, Texas, Washington State, and more have begun fitting them.

Bellin on The Volume Problem

Jeffrey Bellin (William & Mary Law School) has posted The Volume Problem (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract:

 

This Introduction to the Spring 2023 William & Mary Law Review symposium highlights "the volume problem” at the core of critiques of criminal law enforcement in the United States.

“Despite all the variation, the volume problem offers a single theme to tie together America’s difficulties with criminal law and most critiques. There is broad consensus that there are, as a general matter, too many arrests, too many prosecutions, too many convictions, too many people on parole and probation, and—the theme of this symposium— too much incarceration. Putting aside the legitimacy of any piece of this vast fabric—and the pieces’ relative importance— volume itself is the problem that overshadows all others.”

The Introduction proposes that, scholars "de-emphasize disagreement about precise prescriptions by adopting a unifying focus on volume.”

Harris et al. on Improving Prisons, Prosecution, and Criminal Defense

David A. Harris (University of Pittsburgh - School of Law) has posted Toward a Better Criminal Legal System: Improving Prisons, Prosecution, and Criminal Defense (Created and Presented Jointly by Students from State Correctional Institution - Greene, Waynesburg, PA, and University of Pittsburgh School of Law) on SSRN. Here is the abstract:

 

During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the criminal legal system,” students selected the topics of improving prisons, improving prosecution, and improving criminal defense. The frame of “improving” these aspects of the system marked a deliberate choice; while many members of the class argued that the system as a whole or particular parts of it were beyond redemption, the task was to find ways to address the most egregious shortcomings as the systems currently exist.

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"New York’s Formula For More Juvenile Crime"

Michael Rushford has this post at Crime & Consequences:

As serious and violent crime is slowly retreating from their 2022 highs, juvenile crime has sharply increased.  Liberty Unyielding has this article examining what happened in New York after the legislature passed the”Raise the Age” law in 2017.  That law reduced the punishment for 16 and 17-year-old criminal offenders.  The Albany County District Attorney David Soares, who immigrated to the U.S. from Africa, witnessed the impact of that law.

“Since that law passed, youth gun crime statewide has doubled—and youth gun victimization has nearly tripled. About 75 percent of violent felony cases now get handled in family court, which returns teens to the streets, where they often commit new crimes or become victims themselves of tit-for-tat gang warfare. “We witnessed the murder of a young man at the hands of another young man that had gone through the family court Raise the Age process . . . a minimum of three times,” Soares told local legislators in July. This was a system that was never designed to handle or deal with violent—super, super violent—youth.”

Earlier this year Soares was disinvited from testifying at a state Senate hearing because progressive politicians could not countenance a black elected official acknowledging what everybody already knows but are afraid to say—that crime and violence is concentrated in black communities and most of the victims are other blacks, and laws like “Raise the Age” are enabling this.

Heydari on Federal Inducement of Pretext Stops

Farhang Heydari (Vanderbilt Law School) has posted Rethinking Federal Inducement of Pretext Stops (Wisconsin Law Review, 2024) on SSRN. Here is the abstract:

 

Few topics in policing have received more attention than pretextual traffic stops—traffic stops made for crime-fighting purposes. Community leaders, legislators, policing leaders, and even presidents have recognized that the overuse of pretext stops has deleterious effects, including racially disparate enforcement, needless death, and degraded public trust in law enforcement. The result is a growing movement at the state and local level to roll back the use of this tactic.

As promising as these developments are, most discussions of pretext stops largely omit a key player that drives the problem: the federal government. Presidents from Bush to Biden have decried discriminatory pretext stops and federal investigations have pushed localities to limit their use of the tactic. Yet, behind the scenes, the federal government has long trained and incentivized police to use pretext stops widely.

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Johnson on Trial Ambivalence

Thea Johnson (Rutgers, The State University of New Jersey - Rutgers Law School) has posted Trial Ambivalence (20 Ohio St. J. Crim. L. 269 (2024)) on SSRN. Here is the abstract:

 

Much of the rhetoric about criminal justice reform posits that trials are good and pleas are bad. Trials provide full, public adversarial process, while plea bargaining is secretive, coercive, and unfair. As such, a thread of reform has emerged calling for more trials and fewer pleas. As this Article argues, underlying these reform efforts is an unspoken ambivalence about trials among the very reformers who clamor for more of them. This ambivalence stems from the often unacknowledged reality that many of the common harms associated with plea bargaining are frequently benefits when viewed through the lens of trial avoidance.

This ambivalence is not new. Indeed, in its plea bargaining jurisprudence the Supreme Court has long demonstrated its own ambivalence about the American trial system, even while romanticizing the trial. Modern-day criminal justice reformers often wax poetically about trials, while simultaneously resisting efforts to actually require more trials. The ambivalence unearthed here demonstrates how little legal stakeholders— lawyers, judges and reformers—trust the American jury process to produce just results. As long as the romantic narrative of trials persists in tandem with this ambivalence, reform efforts may actually more deeply entrench plea bargaining.

"It’s a crime to cheat on a spouse in N.Y. The law might soon change."

From The Washington Post, via NACDL's news update:

Laws criminalizing adultery are on the books in a handful of other states but are rarely enforced. In most cases, they were put on the books at a time when adultery was among the only ways to obtain a divorce, according to Carol Faulkner, a history professor at Syracuse University who studies 19th-century America, women and social movements and authored the 2019 book, “Unfaithful: Love, Adultery, and Marriage Reform in Nineteenth-Century America.”

After the American Revolution, New York State continued to be much more aligned with English laws, where it remained hard to get a divorce, Faulkner said. In the 19th century, only New York State and South Carolina had restrictions on divorce.

Marcus on Prior Juvenile Offenses and the Sentencing Guidelines

Ian Marcus Amelkin and Nicholas Pugliese have posted The Delinquent Guidelines: Calling on the U.S. Sentencing Commission to Stop Counting Defendants’ Prior Offenses Committed Before Age 18 (Harvard Law & Policy Review (forthcoming Spring 2024)) on SSRN. Here is the abstract:

 

The United States Sentencing Guidelines’ recidivism provisions recommend harsher punishment for defendants with a prior criminal record. The Guidelines authorize an accounting not only of a federal defendant’s criminal record as an adult, but also as a child. Prior offenses committed before age 18 enhance sentences for thousands of people each year, but the practice has not been widely explored in the academic literature. A federal defendant’s juvenile record can lead to a higher Guidelines range through a variety of mechanisms: it can increase a defendant’s criminal history category, increase the crime’s total offense level, qualify the individual for “career offender” status, and deny relief from mandatory minimum sentences.

The use of pre-18 priors to enhance later federal sentences is both constitutionally suspect and misguided public policy.

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Rutledge on A Modified Teague Framework for State Courts

Josiah Rutledge has posted With Great (Writ) Power Comes Great (Writ) Responsibility: A Modified Teague Framework for State Courts (59 Criminal Law Bulletin 480 (2023)) on SSRN. Here is the abstract:

The U.S. Supreme Court’s many criminal procedure decisions are frequently discussed and often debated. Some of them—such as Gideon v. Wainwright and Miranda v. Arizona—have even become part of our national culture. However, scholars often (and the public nearly always) ignores the equally important doctrines governing who can receive the benefits of these decisions—perhaps most notably, the doctrine of “retroactivity” of new rules of criminal procedure, governed in federal court by Teague v. Lane. Under Teague and the Court’s 2021 decision in Edwards v. Vannoy, those seeking a writ of habeas corpus in federal courts cannot receive the benefit of a new rule of criminal procedure that was announced after their convictions became “final.” However, Edwards left the door open for state courts to grant post-conviction relief on the basis of such rules. This Article first provides a much-needed post-Edwards update on the condition of state court retroactivity jurisprudence, analyzing initial state court reactions to Edwards. Next, it discusses the unique role of state post-conviction review in our criminal justice system and how that role should inform state retroactivity doctrine. Finally, it proposes a modified version of the federal retroactivity framework, designed to tailor that framework to the unique features of state post-conviction review.

This week's criminal law/procedure oral argument

Issue summary is from ScotusBlog, which also links to papers:

Wednesday

• Erlinger v. U.S.: Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act.

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

are here.  The usual disclaimers apply.

Rank	Paper	Downloads
1.	Redistributing Justice Benjamin Levin and Kate Levine Washington University in St. Louis - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law Date Posted: 28 Jan 2024 [2nd last week]	346
2.	Resisting Mass Immigrant Prosecutions Eric S. Fish University of California, Davis - School of Law Date Posted: 20 Dec 2023 [4th last week]	231
3.	Capital Trifurcation William W. Berry III University of Mississippi School of Law Date Posted: 29 Feb 2024 [new to top ten]	198
4.	Sacred Secrets Enabling Child Sex Abuse Amos N. Guiora, Diana Pogosyan and Matylda Blaszczak University of Utah - S.J. Quinney College of Law, University of Utah, S.J. Quinney College of Law, Students and Honors College, University of Utah Date Posted: 03 Mar 2024 [new to top ten]	179
5.	Building Rapport in Interviews with Adolescent Trafficking Victims Rachel Dianiska, Emma Simpson, Sarah Kim, Thomas D. Lyon and Jodi Quas University of California, Irvine, University of California, Irvine - Department of Psychological Science, University of California, Irvine - Department of Psychological Science, University of Southern California Gould School of Law and University of California, Irvine - Department of Criminology, Law and Society Date Posted: 01 Mar 2024 [new to top ten]	160
6.	The Cultural Gagging of Women Through the Lens of Johnny Depp V. Amber Heard: How Prominent Male Abusers Use Defamation Claims as a Retaliatory Mechanism to Silence Their Victims Blaize Hiatt Indiana University, Robert H. McKinney School of Law Date Posted: 21 Feb 2024 [new to top ten]	155
7.	Safe-T for Whom? How Legislative Overreach Transformed Criminals into Victims Kevin M. Zielinski Southern Illinois University - Southern Illinois University School of Law Date Posted: 20 Feb 2024 [new to top ten]	152
8.	Police Vigilantism Nadia Banteka Florida State University College of Law Date Posted: 08 Mar 2024 [new to top ten]	138
9.	Stereotypes as Evidence Hillel J. Bavli Southern Methodist University - Dedman School of Law Date Posted: 21 Feb 2024 [6th last week]	132
10.	Ad Hoc Constructions of Penal Statutes Joel S. Johnson Pepperdine University - Rick J. Caruso School of Law Date Posted: 27 Feb 2024 [new to top ten]	130

 

 

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

are here.  The usual disclaimers apply.

Rank	Paper	Downloads
1.	Artificial Intelligence and Privacy Daniel J. Solove George Washington University Law School Date Posted: 29 Feb 2024 [new to top ten]	5,934
2.	Redistributing Justice Benjamin Levin and Kate Levine Washington University in St. Louis - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law Date Posted: 28 Jan 2024	346
3.	Resisting Mass Immigrant Prosecutions Eric S. Fish University of California, Davis - School of Law Date Posted: 20 Dec 2023	231
4.	Habeas Corpus and Void Judgments David Kinnaird Independent Date Posted: 07 Feb 2024	193
5.	Victims of Coercive Plea Bargaining Lucian E. Dervan, Vanessa Edkins and Thea Johnson Belmont University - College of Law, Florida Institute of Technology and Rutgers, The State University of New Jersey - Rutgers Law School Date Posted: 20 Dec 2023	175
6.	Building Rapport in Interviews with Adolescent Trafficking Victims Rachel Dianiska, Emma Simpson, Sarah Kim, Thomas D. Lyon and Jodi Quas University of California, Irvine, University of California, Irvine - Department of Psychological Science, University of California, Irvine - Department of Psychological Science, University of Southern California Gould School of Law and University of California, Irvine - Department of Criminology, Law and Society Date Posted: 01 Mar 2024 [new to top ten]	159
7.	Safe-T for Whom? How Legislative Overreach Transformed Criminals into Victims Kevin M. Zielinski Southern Illinois University - Southern Illinois University School of Law Date Posted: 20 Feb 2024 [new to top ten]	146
8.	Police Vigilantism Nadia Banteka Florida State University College of Law Date Posted: 08 Mar 2024 [new to top ten]	136
9.	Decentering Property in Fourth Amendment Law Michael Pollack and Matthew Tokson Yeshiva University - Benjamin N. Cardozo School of Law and University of Utah - S.J. Quinney College of Law Date Posted: 18 Feb 2024 [new to top ten]	130
10.	The Ominous Sound of Keys: Enabling Sexual Assaults in Prisons Amos N. Guiora, Anna M. Hall and Zev Gorfinkle University of Utah - S.J. Quinney College of Law, University of Utah, S.J. Quinney College of Law, Students and Honors College, University of Utah Date Posted: 05 Mar 2024 [new to top ten]	130

Torres-Spelliscy on The Supreme Court's Pro-Corruption Rulings

Ciara Torres-Spelliscy (Stetson University College of Law) has posted The Stakes of the Supreme Court’s Pro-Corruption Rulings in the Age of Trump: Why the Supreme Court Should Have Taken Judicial Notice of the Post-January 6 Reality in Percoco (Yale Law Journal Forum, Forthcoming) on SSRN. Here is the abstract:

 

In Percoco, the Supreme Court squandered opportunities to contextualize political corruption. This piece argues that the Supreme Court should have taken judicial notice of the Post-January 6th circumstances which surround the decision. This is a perilous time in American democracy for the Justices to make prosecuting corrupt campaign managers arduous.