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Luz Estella Nagle, Child Soldiers and the Duty of Nations to Protect Children from Participation in Armed Conflict, 19 Cardozo Journal of International and Comparative Law 1 (2011)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Persuasions and Exhortations: Acknowledging Internet Governance and Human Dignity for All, 38 Syracuse J. Int'l L. & Com. 227 (2011)Clicking on the button will copy the full recommended citation.
The title of the article sums up the author’s desire to communicate and advocate on the importance of Internet governance. Internet governance is concerned with the laws and regulations related to the management of the Domain Name System (DNS), all Top Level Domains (TLDs), the Internet’s Root Zone, and other related subjects. The article provides background information on the subject before considering its importance to freedom of expression, corporate responsibility abroad, state responsibility and the rule of law under international law. The subject stands to identify Internet operations and the forces that manage those operations. The Internet, an Information and Communication Technology (ICT), has created a juncture that potentially equalizes governments, businesses, and civil society at the discussion table. The first part of the article considers that if Internet governance is to be understood, then it must be explored and studied by all academics in the legal field. The second part of the article presents a tribute to the efforts of those individuals that have participated on the common goal to discuss and discover international internet management standards that would be influential in the promotion of democracy, education, and ultimately human development.
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Roberta Flowers, Witness Preparation, Regulating the Profession’s Dirty Little Secret, 38 Hastings Const. L.Q. 1007 (2011)Clicking on the button will copy the full recommended citation.
Witness preparation is considered by most criminal attorneys to be an essential part of trial advocacy. This paper addresses the ethical restraints on this common practice. It looks at whether the ABA Model Rules of Professional Conduct and/or the proposed ABA Criminal Justice Standards give sufficient regulation and guidance. It then suggests several factual scenarios where the current standards and rules give very little guidance. This paper suggests that the American Bar Association’s Criminal Justice Standards should include guidelines that direct the criminal attorney to avoid conduct that may not be intended to influence the witness to testify falsely, but which by its nature may have the potential to create false testimony. Additionally, the standard should contain a list of attorney conduct that could unintentionally produce false testimony. Finally, this paper proposes two standards that might provide some guidance in this important area of trial preparation that is routinely practiced, hidden from view, and many times difficult to expose.
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Ellen S. Podgor, Introduction – Corporate Criminal Liability, 41 Stetson L. Rev. 1 (2011)Clicking on the button will copy the full recommended citation.
This is the Introduction to Stetson University's College of Law Symposium Issue on Corporate Criminal Liability. The papers from this symposium came from a discussion forum held as part of the Southeastern Association of Law Schools (SEALS) conference. This Introduction provides an overview of corporate criminal liability and also a roadmap of the papers that are part of this volume.
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Ellen S. Podgor, Foreward – Overcriminalization 2.0: Developing Consensus Solutions, 7 J.L. Econ. & Pol'y 565 (2011)Clicking on the button will copy the full recommended citation.
This is the Introduction to the Symposium issue of the Journal of Law, Economics and Policy on Overcriminalization 2.0. This introduction sets the stage of the overcriminalization movement and provides a roadmap of the papers in this volume.
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Royal C. Gardner, The Ramsar Convention, in Wetlands - Integrating Multidisciplinary Concepts (Ben A. LePage ed., Springer, 2011)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, 100 Years of White Collar Crime in “Twitter”, 30 Rev. Litig. 534 (2011)Clicking on the button will copy the full recommended citation.
Despite the fact that Twitter did not exist when the term “white collar crime” was coined in 1939, it is an interesting exercise to highlight the last 100 years of white collar criminal activity using “tweets.” In so doing, this Essay tries to capture some of the key events that have been prominent in the white collar world.
This Essay first examines corporate criminal liability, looks next at individual liability, and then discusses key statutes and crimes that have been used in the prosecution of white collar criminal activity. In this regard, mail fraud, RICO, and perjury are examined. Sentencing issues and how they have influenced the treatment of white collar crime are tweeted. The ultimate goal of this fictional presentation is to demonstrate a historical overview of white collar crime happenings and is so doing evaluate its progression over time.
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Ellen S. Podgor, Pleading Blindly, 80 Miss. L.J. 1633 (2011)Clicking on the button will copy the full recommended citation.
In the criminal area, discovery violations are a continual concern. Recently, the Department of Justice (DOJ) was caught with discovery violations that reflected prosecutorial misconduct and improprieties. To its credit, the DOJ issued three Memos that sought to affirmatively promote office compliance with discovery obligations. The three Memos of former Deputy Attorney General David W. Ogden, however, fall short in an important area, discovery for defendants prior to entering into plea agreements.
This Essay places this discussion in the backdrop of existing legal scholarship and existing precedent, most importantly the Supreme Court opinion in United States v. Ruiz, that provides little support for mandating discovery to defendants prior to entering into a plea agreement. Protecting the importance of a voluntary and knowing plea cannot be overlooked in assuring an efficient system of justice. Unique concerns are also noted when the government is entering into a deferred prosecution agreement with a corporation or other entity. This Essay advocates for a more forceful response than merely having DOJ guidelines to remedy discovery violations that may influence the entering of a plea.
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Cynthia Hawkins DeBose, Book Review: Children, Tribes, and States: Adoption and Custody Conflicts Over American Indian Children, by Barbara Ann Atwood, 21 Law & Pol'y Book Review 354 (2011)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, The Role of the Prosecution and Defense Function Standards: Stagnant or Progressive?, 62 Hastings L.J. 2011 (2011)Clicking on the button will copy the full recommended citation.
This Essay examines the role of the ABA Criminal Justice Standards: The Prosecution and Defense Function Standards, looking at language when initially drafted to language being considered in the proposed fourth edition. It focuses on the preliminary sections of the Standards that outline the intended role of the Standards and considers how courts have used these Standards in court decisions. It also notes how the Standards serve a hortatory role, providing internal guidance to prosecutors and defense counsel. An overriding question is whether these Standards serve a legitimate function in the criminal justice process?
Placing the question of the role of the Standards in a specific context, this Essay examines the drafters’ approach to jury selection and specifically to peremptory strikes based on sexual orientation. The drafters’ failure to explicitly include “sexual orientation” as an impermissible category for peremptory strikes of jurors, leaves the Standards merely endorsing existing constitutional criteria, which raises the question of whether the Standards have any purpose. This Essay advocates against the approach taken by the drafters, as it offers little advancement in the law and perpetuates existing bias. As hortatory standards, it is unnecessary to limit the rules to existing law. More importantly, by failing to expand the category of impermissible peremptory challenges, it is a missed opportunity to offer progressive legal reform.