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Royal C. Gardner, Reconsidering In-Lieu Fees: A Modest Proposal, Ecosystem Marketplace (2007)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Throwing Away the Key, 116 Yale L.J. Forum (2007)Clicking on the button will copy the full recommended citation.
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Catherine J. Cameron, Not Getting to Yes: Why The Media Should Avoid Negotiating Access Rights, 24 Thomas M. Cooley Law Review 237 (2007)Clicking on the button will copy the full recommended citation.
This article cautions proponents of public access to government records from negotiating over the right to access. As support for this warning, this article details the high-profile events that lead to closure of access to autopsy and crime scene photographs in Florida, including the deaths of Dale Earnhardt and Gianni Versace, a killing spree by executed serial killer Danny Rollings, and the tragic death of Carlie Brucia, and focuses on how access to autopsy and crime scene photographs may have been greater had the media not chosen to negotiate over access.
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Candace Zierdt and Ellen S. Podgor, Corporate Deferred Prosecution through the Looking Glass of Contract “Policing”, 96 Ky. L.J. 1 (2007)Clicking on the button will copy the full recommended citation.
This article examines deferred and non-prosecution agreements entered into between corporations and the Department of Justice (DOJ) through the lens of contract policing theory. It adds a new dimension to the contractual law now applicable to plea bargains and proffer agreements by suggesting key provisions that should be prohibited in deferred prosecution agreements. Three provisions common to many deferred prosecution agreements, or used by the government as leverage to secure a deferred prosecution agreement, are of particular interest here. These are: (1) the requirement of a corporation to waive its attorney-client privilege; (2) the determination of a breach of the agreement being within the sole province of the government; and (3) the provision that corporations not abide by previously negotiated contract terms that allow the corporation to pay the attorney fees of corporate employees. Specifically, this article examines the viability of specific provisions within these agreements when matched up against contract policing principles such as duress and unconscionability. This article concludes that corporations are deprived of basic contract rights as a result of the over-powering prosecutorial power used in reaching these agreements.
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Ellen S. Podgor, White Collar Crime: A Letter From the Future, 5 Ohio St. J. Crim. L. 247 (2007)Clicking on the button will copy the full recommended citation.
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Ann Piccard, When the Rent Is Due, Where Is the Process? Residential Evictions in Florida, 36 Stetson L. Rev. 149 (2007)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Algunos aspectos sobre la lucha contra el crimen organizado internacional en América Latina, 75 Revista Jurdica Universidad de Puerto Rico 59 (2007)Clicking on the button will copy the full recommended citation.
A pesar de mucho discurso, del esfuerzo y la promulgacion de mecanismos multilaterales y domesticos, la falta de voluntad politica, la carencia de cooperacion en la investigacion y la ausencia de enjuiciamiento o extradicion de dichos grupos, han provocado que se enfrente hoy una situacion donde el crimen organizado resulta abrumador para las democracias del continente y es el sosten principal de muchas economias locales en la region.
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Ellen S. Podgor and Daniel M. Filler, International Criminal Jurisdiction in the Twenty-First Century: Rediscovering United States v. Bowman, 44 San Diego L. Rev. 585 (2007)Clicking on the button will copy the full recommended citation.
Laws Apply at Sea, Supreme Court Rules was the Washington Post headline for a story reporting the Supreme Court's November 13, 1922 decision of United States v. Bowman. In 1922, America had not yet imagined a globalized world where a local Washington D.C. phone call might be answered in New Delhi and where the notion of Americans making clothes and forging steel was becoming quaint and antiquated. Yet in the Bowman decision, the Court laid the groundwork for a twenty-first century defined by global commerce and crime without borders. Today, the Bowman decision receives relatively little attention. When it is cited, it is often misread by lower courts. But as this new century unfolds, Bowman is likely to be seen as a central decision in the evolution of international criminal jurisdiction. It is time to shine a new light on Bowman-a criminal procedure decision that has long been underrated and misunderstood.
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Ellen S. Podgor, The Impact of Criminal Sanctions on Corporate Misconduct, 2 J. Bus. & Tech. L. 119 (2007)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Blaming the Mirror: The Restatements and the Common Law, 40 Ind. L. Rev. 205 (2007)Clicking on the button will copy the full recommended citation.