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Anthony Palermo, The Parental Leave Rule: A Procedural Rule for Effecting Change, Corporate Counsel: ABA Young Lawyers Division Newsletter 5 (2017)Clicking on the button will copy the full recommended citation.
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Kristen David Adams and Candace Zierdt, International Sale of Goods, 72 Bus. Law. 1165 (2017)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Transborder Crime, Corruption, and Sustaining Illegal Armed Groups in Latin America, Small Wars Journal (2017)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose and Alicia Renee Tarrant, Child Sex Trafficking and Adoption Re-Homing: America’s 21st Century Salacious Secret, 7 Wake Forest J.L. & Pol'y 487 (2017)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Living with Banks: Trends and Lessons from the First Five Years, 46 Stetson L. Rev. 391 (2017)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, “What Kind of a Mad Prosecutor” Brought Us This White Collar Case, 41 Vt. L. Rev. 523 (2017)Clicking on the button will copy the full recommended citation.
Prosecutors have enormous charging and plea discretion, although this discretion is not “unfettered.” This Essay examines this discretionary function when prosecutors in white collar cases stretch statutes beyond the statutory language, congressional intent, or policy. This Essay looks at three areas of white collar crime that have seen prosecutorial statute stretching: fraud, obstruction-of-justice, and bribery. Within each of these areas, there are examples of cases requiring judicial oversight to halt these prosecutorial practices. This Essay concludes by noting that prosecutors who stretch statutes do a disservice to our criminal justice process, as it is important to strictly construe white collar statutes to assure that criminal conduct is recognized and conformity with the law is promoted.
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Jason Bent, Searching for Common Law Amid the Statutes: A Report on the Restatement of Employment Law, Chapter 4, 21 Em. Rts. & Emp. Pol'y J. 459 (2017)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Salman: The Court Takes a Left-Hand Turn, 49 Conn. L. Rev. 1 (2017)Clicking on the button will copy the full recommended citation.
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Elizabeth Berenguer, The Color of Fear: A Cognitive-Rhetorical Analysis of How Florida’s Subjective Fear Standard in Stand Your Ground Cases Ratifies Racism, 76 Md. L. Rev. 726 (2017)Clicking on the button will copy the full recommended citation.
Law often functions as a mirror of societal values at a given point in time, but it is also a tool of social construction operating to either reinforce generally acceptable norms or to redefine norms that are no longer generally accepted. Through its use of the subjective fear standard, Florida’s Stand Your Ground functions as a tool of social construction in that it reinforces deeply entrenched racial bias and perpetuates racism by condoning and ratifying behavior consistent with the suspicion heuristic. In this way, it not only declares as acceptable those behaviors that are influenced by racial bias, but it also perpetuates racial bias by further burying individual awareness that the bias even exists.
Study after study confirm that Black men, by virtue of their race, are the most feared individuals in society. The theory of embodied rationality confirms that Americans experience a fear response based on race, a germane, innate biological characteristic that cannot possibly accurately communicate whether the other person is a threat. The suspicion heuristic explains the negative decisions and behaviors that result from the irrational fear created by deep-seated, largely invisible, racial bias.
Viewed through the lens of embodied rationality and particularly the suspicion heuristic, Florida’s Stand Your Ground statutory scheme condones, ratifies, reinforces, and perpetuates both overt and implicit racial bias. American culture is long overdue for major shifts in how it views and perceives race. Until law forces individuals to face the realities of racial bias, however, deep-seated beliefs about the value of Black lives, and the lives of other minorities, will continue to breed in the dark recesses of our minds.
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Ciara Torres-Spelliscy, Dark Money as a Political Sovereignty Problem, 28 Kings Law Journal 239 (2017)Clicking on the button will copy the full recommended citation.
Since the U.S. Supreme Court's decision in Citizens United v. FEC in 2010, over $800 million of untraceable dark money has been spent in American federal elections. This could include illegal foreign donations. This short article explores why dark money in American elections presents a political sovereignty problem.