Throwing Away the Key Article
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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.
Articles
When the Rent Is Due, Where Is the Process? Residential Evictions in Florida Article
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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.
Corporate Deferred Prosecution through the Looking Glass of Contract “Policing” Article
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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.
White Collar Crime: A Letter From the Future Article
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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.
Algunos aspectos sobre la lucha contra el crimen organizado internacional en América Latina Article
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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.
International Criminal Jurisdiction in the Twenty-First Century: Rediscovering United States v. Bowman Article
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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.
Aim Higher: Challenging Farrington and Palfreyman’s The Law of Higher Education Article
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Tim Kaye, Aim Higher: Challenging Farrington and Palfreyman’s The Law of Higher Education, 33 J.C. & U.L. 559 (2007)Clicking on the button will copy the full recommended citation.
In The Law of Higher Education, Dennis Farrington and David Palfreyman present a wealth of material about higher education in the United Kingdom. It is argued, however, that their work is significantly flawed because it is colored by a 'consumerist' perspective which views education as a 'product' of 'corporate enterprise'. This review article attempts to redress the balance and provide a more objective analysis.
The Ramsar Convention on Wetlands: Assessment of International Designations within the United States, abridged version Article
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Royal C. Gardner and Kim Diana Connolly, The Ramsar Convention on Wetlands: Assessment of International Designations within the United States, abridged version, 29 Nat'l Wetlands Newsletter 6 (2007)Clicking on the button will copy the full recommended citation.
The Convention on Wetlands of International Importance especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking at both benefits and problems of Ramsar designation. Finally, they make several recommendations for strengthening Ramsar wihin the United States.
ACLI Case Notes Article
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Darryl Wilson, ACLI Case Notes, 1 American and Caribbean Law News 5 (2007)Clicking on the button will copy the full recommended citation.
Internet Governance Forum & Technology: A Matter of Human Development Article
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Roy Balleste, Internet Governance Forum & Technology: A Matter of Human Development, 7 Loyola Law and Technology Annual 37 (2007)Clicking on the button will copy the full recommended citation.