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Luz Estella Nagle, Jailing of Peacemaker Threatens Colombia’s Demobilization of Transborder Criminal Organizations and Urban Criminal Gangs, 34 Int'l Enforcement L. Reporter 358 (2018)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, White Collar Shortcuts, 2018 U. Ill. L. Rev. 925 (2018)Clicking on the button will copy the full recommended citation.
In the aftermath of financial and corporate frauds, aggressive government policy is apparent. But while touting a crackdown to correct past prosecution failures, one sees the government using shortcuts in both agency policy and prosecutorial practices. These shortcuts can be seen in the investigative, charging, and plea areas. There is an increased use of search warrants, wiretaps and failures to adhere to criminal discovery obligations. So too, one sees the government charging shortcut offenses such as perjury, obstruction of justice and false statements as opposed to the underlying conduct that was initially being investigated. Taking advantage of over-federalization and over-criminalization is seen in the stacking of multiple charges, tacking on conspiracy and money-laundering offenses, and in adding new plea waivers to secure finality of all issues and avoid future litigation. While these aggressive policy moves may seem efficient, the use of shortcuts has serious consequences that undermine deterrence and legitimacy in the criminal justice process.
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Michèle Alexandre, Martha Fineman, More Transformative Than Ever, 67 Emory L.J. 1135 (2018)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, Does “We the People” Include Corporations?, 43 Human Rights Quarterly 16 (2018)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Disruptive Innovation in Criminal Defense: Demanding Corporate Criminal Trials, 69 Mercer L. Rev. 825 (2018)Clicking on the button will copy the full recommended citation.
Perhaps the least sympathetic party in a corporate criminal matter is a corporate entity that has engaged in criminal conduct. If the corporation is large, subject to third party civil actions, and especially in an industry dependent upon a public perception of ethical behavior, a criminal indictment can destroy the entity, and few in society are likely to be concerned. To ameliorate the collateral consequences of an indictment, corporations are quick to cooperate with the government by signing onto non-prosecution, deferred prosecution, or plea agreements. The government secures a hefty fine and obtains from the entity the names and evidence against individuals who allegedly engaged in the corporate misconduct.
But what if companies refused to cooperate? What if corporations demanded speedy trials? What if the power and resources of the entity were used to protect innocent or naïve corporate constituents? What if the corporate fines were directed to third parties who could assist in correcting any wrongdoing?
Proposed here is the idea that corporations need to reevaluate folding to the government and instead present a united front against government attempts to extort money and evidence from them to the detriment of their corporate constituents.
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Royal C. Gardner and Erin Okuno, The Shifting Boundaries of the Clean Water Act Jurisdiction, 35 Wetland Science & Practice 317 (2018)Clicking on the button will copy the full recommended citation.
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Will Bunting, What Murr v. Wisconsin Tells Us about Regulatory Takings Doctrine, 48 REAL ESTATE LAW JOURNAL 261 (2018)., 48 Real Estate Law Journal 261 (2018)Clicking on the button will copy the full recommended citation.
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Stacey-Rae Simcox, Why Are We Affording Veterans’ Constitutional Rights Less Protection than Other Citizens: The Veterans 2nd Amendment Protection Act, 43 Administrative and Regulatory Law News 12 (2018)Clicking on the button will copy the full recommended citation.
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Susan L. Parish et al., Reproductive Cancer Treatment Hospitalizations of U.S. Women With Intellectual and Developmental Disabilities, 56 Intellectual and Developmental Disabilities 1 (2018)Clicking on the button will copy the full recommended citation.
There is a dearth of existing research on the treatment of reproductive cancers among women with intellectual and developmental disabilities (IDD). This study analyzed the 2010 Healthcare Cost and Utilization Project Nationwide Inpatient Sample and compared the prevalence of reproductive cancer treatment hospitalization discharges among women with and without IDD. Discharges linked to women with IDD had higher incidences of cancer of the uterus and lower prevalence of cancer of the cervix. Moreover, discharges linked to women with IDD indicated these women were younger, had longer hospital stays, and were more likely to have public insurance coverage. Therefore, further research and targeted interventions to increase cancer prevention and screening are urgently needed.
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Robyn Powell et al., Breastfeeding Among Women With Physical Disabilities in the United States, 34 Journal of Human Lactation 253 (2018)Clicking on the button will copy the full recommended citation.