Making Punitive Damages More Predictable Article
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Marco Jimenez, Making Punitive Damages More Predictable, 2019 Jotwell 1 (2019)Clicking on the button will copy the full recommended citation.
Articles
Cryptocurrencies and Securities Fraud: In Need of Legal Guidance Article
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Ellen S. Podgor, Cryptocurrencies and Securities Fraud: In Need of Legal Guidance, 104 Iowa L. Rev. Online 130 (2019)Clicking on the button will copy the full recommended citation.
The specificity of statutes is important when the statute provides for criminal penalties. This Essay examines a cryptocurrency fraud prosecution, looking at the issue of whether cryptocurrency is included in securities fraud statutes. It also looks at proposed legislation that would omit cryptocurrency as a security, but then calls for enhanced regulation and tax relief. Additional clarification is needed to ascertain whether cryptocurrency fraud can be prosecuted under current securities fraud statutes. This Essay questions such prosecutions when the location of key definitions rest within agency regulations. Although specificity may not be needed to account for every imaginable type of fraud, when it comes to cryptocurrencies, Congress needs to provide more direction.
Nature’s Law and the Nature of Cosmos: Ancient Human Stories about Perennial Moral Concerns Article
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Roy Balleste, Nature’s Law and the Nature of Cosmos: Ancient Human Stories about Perennial Moral Concerns, 14 Intercultural Hum. L. Rev. 249 (2019)Clicking on the button will copy the full recommended citation.
Bennett Gershman on the Prosecutor’s Role as “Minister of Justice” Article
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Ellen S. Podgor, Bennett Gershman on the Prosecutor’s Role as “Minister of Justice”, 16 Ohio St. J. Crim. L. 399 (2019)Clicking on the button will copy the full recommended citation.
Really–You Shouldn’t Have: How Gift Cards Are Not Such a Gift in Bakruptcy Article
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Theresa J. Pulley Radwan, Really–You Shouldn’t Have: How Gift Cards Are Not Such a Gift in Bakruptcy, 49 Uniform Commercial Code Law Journal (2019)Clicking on the button will copy the full recommended citation.
Bruce Jacob: A leading Voice in Public Defense Article
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Ellen S. Podgor, Bruce Jacob: A leading Voice in Public Defense, 48 Stetson L. Rev. 305 (2019)Clicking on the button will copy the full recommended citation.
This Essay examines the events that led to Dean Emeritus Bruce Jacob being the recipient of the National Association of Criminal Defense Lawyers’ (NACDL) prestigious Champion of Indigent Defense Award. Dean Jacob represented the State of Florida in the Gideon v. Wainwright case, arguing for adherence to Betts v. Brady which did not provide the right to counsel for indigent state defendants absent special circumstances. After arguing Gideon in the Supreme Court, he spent much of his career advocating for indigent defendants’ rights to effective assistance of counsel. Although some may find an irony in these two roles, this Essay notes the symmetry when looking at Dean Jacob as a true “minister of justice.”
Race, Space and Democracy: Locally-Based Strategies for Development Article
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Michèle Alexandre, Race, Space and Democracy: Locally-Based Strategies for Development, 44 The Harbinger 1 (2019)Clicking on the button will copy the full recommended citation.
Throwing the Baby Out with the Bath: Florida’s Flawed Approach to Post-Adoption Inheritance Article
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Cynthia Hawkins DeBose and Brien V. Squires, Throwing the Baby Out with the Bath: Florida’s Flawed Approach to Post-Adoption Inheritance, 18 Conn. Pub. Int. L.J. 187 (2019)Clicking on the button will copy the full recommended citation.
Calling for a Community Economic Development Code of Ethics Article
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Michèle Alexandre, Calling for a Community Economic Development Code of Ethics, 28 J. Affordable Housing & Commun. Dev. L. 219 (2019)Clicking on the button will copy the full recommended citation.
On January 5, 2019, a group of legal scholars convened a Discussion Group at the AALS 2019 Annual Meeting to examine “race and privilege in Community Economic Development (CED)” with the goal of identifying how CED practice, in general, and experiential and doctrinal law school courses incorporating CED themes, more specifically, “serve to build bridges across racial and socioeconomic boundaries.” Comprised of both clinicians and non-clinicians, this group of scholars was asked to present elements of their individual research that spoke to this and related questions. Many insights were revealed and tested during this discussion. This essay reflects on a notion during the discussion around which there seemed to be consensus and enthusiastic support: that the sustainability of CED practice, as social movement, academic discipline, and legal service could be enhanced by articulating new guiding principles or a code of ethics to ground CED practice in normative principles applicable to communities across the country. The authors of this essay seek to memorialize that discussion and offer a roadmap for the creation of these principles/code of conduct by surfacing and exploring three specific questions:
(1) Why does this endeavor seem crucial?;
(2) How should CED practitioners create and formalize this statement of principles or code of ethics?; and
(3) What would be appropriate CED outcomes in light of the adoption of this statement of principles/code of ethics?
Deregulating Corruption Article
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Ciara Torres-Spelliscy, Deregulating Corruption, 13 Harv. L. & Pol'y Rev. 471 (2019)Clicking on the button will copy the full recommended citation.
The Roberts Supreme Court has, or to be more precise the five most conservative members of the Roberts Court have, spent the last twelve years branding and rebranding the meaning of the word “corruption” both in campaign finance cases and in certain white-collar criminal cases. Not only are the Roberts Court conservatives doing this over the strenuous objections of their more liberal colleagues, they are also breaking with the Rehnquist Court’s more expansive definition of corruption. The actions of the Roberts Court in defining corruption to mean less and less have been a welcome development among dishonest politicians. In criminal prosecutions, politicians convicted of honest services fraud and other crimes are all too eager to argue to courts that their convictions should be overturned in light of the Supreme Court’s lax definition of corruption. In some cases, jury convictions have been set aside for politicians who cite the Supreme Court’s latest campaign finance and white-collar crime cases, especially Citizens United v. FEC and McDonnell v. United States. This Article explores what the Supreme Court has done to rebrand corruption, as well as how this impacts the criminal prosecutions of corrupt elected officials. This Article is the basis of a chapter of Professor Torres-Spelliscy’s second book, Political Brands, which will be published by Edward Elgar Publishing in late 2019.