American Criminal Law Review articles from September 2008

American Criminal Law Review archives from September 2008

Does DOJ's privilege waiver policy threaten the rationales underlying the attorney-client privilege and work product doctrine? A preliminary "no".
September 22, 2008... I. INTRODUCTION II. UPJOHN CO. V. UNITED STATES III. INTERNAL CORPORATE INVESTIGATIONS A. The Investigation B. "Selective Waiver" IV. CONSIDERATION OF DOJ's WAIVER POLICY A. Rationale Behind DOJ Waiver Policy ...

Recording federal custodial interviews.
September 22, 2008... I. INTRODUCTION II. THE PROPOSED ARIZONA PILOT RECORDING PROGRAM AND THE FEDERAL AGENCIES' OPPOSITION A. The Proposed Pilot Program B. Observations on the Federal Agencies' Opposition to Recording III. A SUMMARY...

Institutional factors bearing on criminal charging decisions in complex regulatory environments.
September 22, 2008... In April 2005, federal prosecutors brought novel securities fraud charges against fifteen former traders, known as "specialists, "from the New York Stock Exchange (NYSE). The indictment alleged that the specialists abused their positions on the...

An empirical examination of the factors associated with the commutation of state death row prisoners' sentences between 1986 and 2005.
September 22, 2008... Commutation is usually a death row prisoner's last hope of evading his or her capital sentence. However, unlike many other stages of the death penalty process, little research focuses on the factors that affect decisions to commute or allow a...

How do federal courts of appeals apply Booker reasonableness review after Gall?
September 22, 2008... I. INTRODUCTION II. THE MODERN SENTENCING REGIME A. United States v. Booker and Rita v. United States B. The Effects of Gall v. United States and Kimbrough v United States III. OVERVIEW OF THE STANDARDS USED ...

Mortgages and misdemeanors: criminal enforcement of state mortgage lending license requirements and homeowner protection.
September 22, 2008... INTRODUCTION I. FIRST AND SECOND LIEN MORTGAGE LENDING--RESIDENTIAL REAL ESTATE A. Scope of State Licensing Statutes B. Comparison of State Licensing Requirements IX. CRIMINAL SANCTIONS A. Costs and Benefits of...