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Ellen S. Podgor, Counterfeit Access Device and Computer Fraud and Abuse Act of 1984, in Major Acts of Congress (B. Landsberg ed., Macmillan Reference Books, 2003)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, “Defensive Territoriality”: A New Paradigm for the Prosecution of Extraterritorial Business Crimes, 31 Ga. J. Int'l & Comp. L. 1 (2003)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Extraterritorial Criminal Jurisdiction: Replacing “Objective Territoriality with “Defensive Territoriality”, 28 Studies in Law, Politics, and Society 117 (2003)Clicking on the button will copy the full recommended citation.
The "objective territorial principle" is a common jurisdiction base used in the United States for the prosecution of extraterritorial crimes. With increased globalization, it becomes easier for a prosecutor to demonstrate that conduct occurring outside the United States is having a substantial effect in this country. Although "objective territoriality" expands the limits of extraterritorial jurisdiction, it sometimes fails to offer jurisdiction for conduct directly targeting the United States government. This article suggests that "objective territoriality" needs to be reconfigured to provide more respect for the laws of other countries. Likewise, in keeping with the decision of United States v. Bowman, it is important to provide extraterritorial jurisdiction when necessary to protect government processes of the United States. This article offers the concept of "defensive territoriality" as an alternative to "objective territoriality." It distinguishes this new concept from the "protective principle" and presents contextual application of how this new principle might operate in determining issues of extraterritoriality.
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Ellen S. Podgor and John Wesley Hall, Government Surveillance of Attorney-Client Communications: Invoked in the Name of Fighting Terrorism, 17 Geo. J. Legal Ethics 145 (2003)Clicking on the button will copy the full recommended citation.
This essay provides a critical analysis of Attorney General Ashcroft's Order permitting the government to monitor attorney-client conversations in prison. It provides a summary of the Order, the responses to the Order, and discusses ongoing litigation that contests the Order. The Essay also provides, as background, the contextual setting that allows for monitoring under existing provisions in Title III and FISA. After examining the constitutional issues emanating from Ashcroft's Order permitting attorney-client monitoring in prison, there is a discussion of the implications to the Attorney-Client and Work Product Privileges. Of particular focus is the ethical responsibilities of counsel when maintaining contact with a client when monitoring may be occurring. The Essay considers the importance of finding an appropriate balance between civil liberties and national security, but maintains that the Attorney General should not be permitted to disregard constitutional rights, the attorney-client privilege and the ethical responsibilities of attorneys, claiming that these measures are necessary to fight terrorism.
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Ellen S. Podgor, Schemes to Defraud, 27 Champion 12 (2003)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Book Review, The International Dimensions of Cyberspace Law, 12 International Criminal Justice Review 122 (2002)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, International Computer Fraud: A Paradigm for Limiting National Jurisdiction, 35 U.C. Davis L. Rev. 267 (2002)Clicking on the button will copy the full recommended citation.
Should the United States prosecute computer fraud crimes that occur extraterritorially? This Article examines traditional methods used to determine whether jurisdiction is appropriate for prosecution of criminal conduct that occurs outside the United States. Focusing specifically on computer fraud crimes, the question becomes whether traditional methodologies should remain applicable in light of the ease of use and worldwide accessibility of computers. Although the Article discusses some of the ongoing international discussions related to jurisdiction of computer crimes, it focuses on national issues that can remain irrespective of the adoption of international treaties. This Article stresses the importance of tempering prosecution of extraterritorial computer fraud acts.
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Ellen S. Podgor, Computer Crimes and the USA PATRIOT Act, 17 Criminal Justice 61 (2002)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, White Collar Cooperators: The Government in Employer-Employee Relationships, 23 Cardozo L. Rev. 795 (2002)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Barry Sullivan, Respect, Responsibility, and the Virtue of Introspection: An Essay on Professionalism in the Law School Environment, 15 Notre Dame J.L. Ethics & Pub. Pol'y 117 (2001)Clicking on the button will copy the full recommended citation.
The point of this essay can be summed up in the following set of propositions: that the cultivation of professional values - certain attitudes and habits of heart that are thought critical to the practice and culture of the profession - is essential to the education of lawyers; that the cultivation of professionalism necessarily entails the nurturing of a sense of professional self-consciousness and constructive introspection, and an attitude of respect and responsibility towards others - what some would call "caring;" that law schools can go a long way towards encouraging their students in the cultivation of these virtues by creating within the law school community an atmosphere that encourages its faculty to interact with students in ways that take seriously the need to teach professionalism, whether by intellectual engagement with these issues, by example, or otherwise; that such interactions necessarily require faculty time, energy, and availability; and that the competing demands placed on law faculty will prevent that attention from being paid to students unless the faculty and administrative leadership within universities and law schools gives appropriate value and recognition to excellence in this aspect of legal education.