American Criminal Law Review

American Criminal Law Review is a magazine covering criminal law in the U.S. It is published quarterly by Georgetown University Law Center.Subjects for American Criminal Law Review include: Police, Penology, and Penal Institutions; Law.

Articles from Vol. 49, No. 4, Fall

It's Complicated: Privacy and Domestic Violence
ABSTRACT This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has positive and negative aspects, and this Article examines the value more privacy could provide...
Necessary Suffering? Weighing Government and Prisoner Interests in Determining What Is Cruel and Unusual
It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.... --Nelson Mandela (1) INTRODUCTION Imagine that a man is held in solitary...
Raj Rajaratnam's Historic Insider Trading Sentence
INTRODUCTION On May 11, 2011, a jury found Raj Rajaratnam, chief of the Galleon Group hedge fund, guilty of securities fraud and conspiracy to commit securities fraud in an elaborate insider trading scheme. (1) On October 13, 2011, Judge Richard...
Schools, Cyberbullies, and the Surveillance State
ABSTRACT In recent years, parents, educators, and the media have expressed a rising concern about the prevalence of bullying in American schools. In particular, this concern has been brought to the forefront with the emergence of "cyberbullying"...
Slow Acid Drips and Evidentiary Nightmares: Smoothing out the Rough Justice of Child Pornography Restitution with a Presumed Damages Theory
ABSTRACT Section 2259 of Title 18 of the United States Code directs that those convicted of distribution or possession of child pornography shall pay restitution for the full amount of the victim's losses. Courts have struggled, however, with interpreting...
Subverting Symbolism: The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and Cooperative Federalism
INTRODUCTION I. CONTEXTUALIZING THE MATTHEW-SHEPARD-JAMES BYRD, JR. HATE CRIMES PREVENTION ACT (THE "HCPA") A. The Prevalence of Hate Crimes in the United States B. Hate Crimes Legislation State-by-State C. Pre-Existing Federal...
The First Amendment and the Regulation of Pharmaceutical Marketing: Challenges to the Constitutionality of the FDA's Interpretation of the Food, Drug, and Cosmetics Act
I. INTRODUCTION Doctors in the United States write more than twenty percent of prescriptions for "off-label" uses. (1) The term "off-label" refers to the use of a drug to treat a condition not indicated in the Food and Drug Administration (FDA)-approved...
The Minotaur Defense: The Myth of the Pathological Intoxication Defense
I. INTRODUCTION Few concepts in the criminal law sound as ominous or mysterious as "pathological intoxication." (1) Pathological intoxication describes an aggressive and often violent state triggered in some individuals by only a small amount of...
The Right to Remain Encrypted: The Self-Incrimination Doctrine in the Digital Age
I. INTRODUCTION Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The...
Tinkering around the Edges: The Supreme Court's Death Penalty Jurisprudence
INTRODUCTION The U.S. Supreme Court has not squarely confronted the death penalty's constitutionality since the 1970s. In that decade, the Court actually ruled both ways on the issue. In McGautha v. California, (1) the Court first held in 1971 that...
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