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Criminal Law
Criminal Law CASES AND MATERIALS Fourth Edition 2021 SUPPLEMENT Stephen A. Saltzburg John L. Diamond Kit Kinports Thomas Morawetz Rory Little CAROLINA ACADEMIC PRESS Durham, North Carolina Copyright © 2021 Carolina Academic Press, LLC All Rights Reserved Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 E-mail: [email protected] www.cap-press.com Copyright © 2021 Carolina Academic Press, LLC. All rights reserved. CHAPTER 1 THE NATURE AND STRUCTURE OF CRIMINAL LAW [A] THE CORE AND PERIPHERY OF CRIMINAL LAW [1] THE FAMILIARITY OF CRIMINAL LAW Page 3: Add to the end of the section: Society’s perception of criminal law has potentially and hopefully been transformed by the police killing of George Floyd in May 2020 and the mostly peaceful demonstrations that followed worldwide. There is increased recognition of the systemic racism embedded in the criminal justice system and the country’s failure to provide equal justice for all. Movements such as Black Lives Matter have attempted to address these injustices and advance solutions. As you study criminal law, please keep in the forefront of your mind how your generation of lawyers can work to bring to our country a criminal justice system that reflects the kind of society our ideals aspire to. Below is the prepared statement presented by George Floyd’s bother, Philonise, before the House Judiciary Committee on June 10, 2020. Chairman Jerrold Nadler and members of the Committee: Thank you for the invitation to be here today to talk about my big brother, George. The world knows him as George, but I called him Perry. -
Officials Say Flynn Discussed Sanctions
Officials say Flynn discussed sanctions The Washington Post February 10, 2017 Friday, Met 2 Edition Copyright 2017 The Washington Post All Rights Reserved Distribution: Every Zone Section: A-SECTION; Pg. A08 Length: 1971 words Byline: Greg Miller;Adam Entous;Ellen Nakashima Body Talks with Russia envoy said to have occurred before Trump took office National security adviser Michael Flynn privately discussed U.S. sanctions against Russia with that country's ambassador to the United States during the month before President Trump took office, contrary to public assertions by Trump officials, current and former U.S. officials said. Flynn's communications with Russian Ambassador Sergey Kislyak were interpreted by some senior U.S. officials as an inappropriate and potentially illegal signal to the Kremlin that it could expect a reprieve from sanctions that were being imposed by the Obama administration in late December to punish Russia for its alleged interference in the 2016 election. Flynn on Wednesday denied that he had discussed sanctions with Kislyak. Asked in an interview whether he had ever done so, he twice said, "No." On Thursday, Flynn, through his spokesman, backed away from the denial. The spokesman said Flynn "indicated that while he had no recollection of discussing sanctions, he couldn't be certain that the topic never came up." Officials said this week that the FBI is continuing to examine Flynn's communications with Kislyak. Several officials emphasized that while sanctions were discussed, they did not see evidence that Flynn had an intent to convey an explicit promise to take action after the inauguration. Flynn's contacts with the ambassador attracted attention within the Obama administration because of the timing. -
Theodore Olson, Conservative Stalwart, to Represent 'Dreamers' In
Theodore Olson, Conservative Stalwart, to Represent ‘Dreamers’ in Supreme Court By Adam Liptak • Sept. 26, 2019 o WASHINGTON — The young immigrants known as “Dreamers” have gained an unlikely ally in the Supreme Court. Theodore B. Olson, who argued for robust executive power in senior Justice Department posts under Republican presidents, will face off against lawyers from President Trump’s Justice Department in a case over Mr. Trump’s efforts to shut down a program that shields some 700,000 young undocumented immigrants from deportation and allows them to work. In an interview in his office, Mr. Olson said he had generally taken a broad view of presidential authority, particularly in the realm of immigration. “Executive power is important, and we respect it,” he said. “But it has to be done the right way. It has to be done in an orderly fashion so that citizens can understand what is being done and people whose lives have depended on a governmental policy aren’t swept away arbitrarily and capriciously. And that’s what’s happened here.” Mr. Olson has argued 63 cases in the Supreme Court, many of them as solicitor general under President George W. Bush. In private practice, he argued for the winning sides in Bush v. Gore, which handed the presidency to Mr. Bush, and Citizens United, which amplified the role of money in politics. But Mr. Olson disappointed some of his usual allies when he joined David Boies, his adversary in Bush v. Gore, to challenge California’s ban on same-sex marriage. That case reached the Supreme Court and helped pave the way for the court’s 2015 decision establishing a constitutional right to such unions. -
Media Coverage of Ceos: Who? What? Where? When? Why?
Media Coverage of CEOs: Who? What? Where? When? Why? James T. Hamilton Sanford Institute of Public Policy Duke University [email protected] Richard Zeckhauser Kennedy School of Government Harvard University [email protected] Draft prepared for March 5-6, 2004 Workshop on the Media and Economic Performance, Stanford Institute for International Studies, Center on Development, Democracy, and the Rule of Law. We thank Stephanie Houghton and Pavel Zhelyazkov for expert research assistance. Media Coverage of CEOs: Who? What? Where? When? Why? Abstract: Media coverage of CEOs varies predictably across time and outlets depending on the audience demands served by reporters, incentives pursued by CEOs, and changes in real economic indicators. Coverage of firms and CEOs in the New York Times is countercyclical, with declines in real GDP generating increases in the average number of articles per firm and CEO. CEO credit claiming follows a cyclical pattern, with the number of press releases mentioning CEOs and profits, earnings, or sales increasing as monthly business indicators increase. CEOs also generate more press releases with soft news stories as the economy and stock market grow. Major papers, because of their focus on entertainment, offer a higher percentage of CEO stories focused on soft news or negative news compared to CEO articles in business and finance outlets. Coverage of CEOs is highly concentrated, with 20% of chief executives generating 80% of coverage. Firms headed by celebrity CEOs do not earn higher average shareholder returns in the short or long run. For some CEOs media coverage equates to on-the-job consumption of fame. -
Theranos As a Legal Ethics Case Study
Vanderbilt University Law School Scholarship@Vanderbilt Law Vanderbilt Law School Faculty Publications Faculty Scholarship 2021 How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study G. S. Hans Follow this and additional works at: https://scholarship.law.vanderbilt.edu/faculty-publications Part of the Legal Education Commons, and the Legal Ethics and Professional Responsibility Commons DATE DOWNLOADED: Mon May 24 12:25:08 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. G. S. Hans, How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study, 37 GA. St. U. L. REV. 427 (2021). ALWD 6th ed. Hans, G. G., How and why did it go so wrong?: Theranos as a legal ethics case study, 37(2) Ga. St. U. L. Rev. 427 (2021). APA 7th ed. Hans, G. G. (2021). How and why did it go so wrong?: Theranos as legal ethics case study. Georgia State University Law Review, 37(2), 427-470. Chicago 17th ed. G. S. Hans, "How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study," Georgia State University Law Review 37, no. 2 (Winter 2021): 427-470 McGill Guide 9th ed. G S Hans, "How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study" (2021) 37:2 Ga St U L Rev 427. AGLC 4th ed. G S Hans, 'How and Why Did It Go So Wrong?: Theranos as a Legal Ethics Case Study' (2021) 37(2) Georgia State University Law Review 427. MLA 8th ed. -
Public Opinion As a Meager Influence in Shaping Contemporary Supreme Court Decision Making
Michigan Law Review Volume 109 Issue 6 2011 But How Will the People Know? Public Opinion as a Meager Influence in Shaping Contemporary Supreme Court Decision Making Tom Goldstein SCOTUSblog Amy Howe SCOTUSblog Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Constitutional Law Commons, Judges Commons, Law and Society Commons, Legal History Commons, and the Supreme Court of the United States Commons Recommended Citation Tom Goldstein & Amy Howe, But How Will the People Know? Public Opinion as a Meager Influence in Shaping Contemporary Supreme Court Decision Making, 109 MICH. L. REV. 963 (2011). Available at: https://repository.law.umich.edu/mlr/vol109/iss6/7 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. BUT HOW WILL THE PEOPLE KNOW? PUBLIC OPINION AS A MEAGER INFLUENCE IN SHAPING CONTEMPORARY SUPREME COURT DECISION MAKING Tom Goldstein* Amy Howe** THE WILL OF THE PEOPLE: How PUBLIC OPINION HAS INFLUENCED THE SUPREME COURT AND SHAPED THE MEANING OF THE CONSTITUTION. By Barry Friedman.New York: Farrar, Straus and Giroux. 2009. Pp. 614. $35. INTRODUCTION Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than -
Kaupthing Bank Hf. Creditors' Report 5 February 2009 Update March 2009
KAUPTHING BANK HF. CREDITORS' REPORT 5 FEBRUARY 2009 UPDATE MARCH 2009 Disclaimer This report (including all subsequent amendments and additions) was prepared by the Resolution Committee for the creditors of Kaupthing Bank hf. ("the Bank") for information purposes only. It should give creditors an overview of the background, the current situation and the potential steps going forward. The additions and amendments to this report since the previously published versions of this report are intended to give the creditors information on recent developments but are not necessarily and should not be regarded as an exhaustive list of all developments which creditors may consider material. In preparing and updating this report, the Bank has not taken account of the interest of any particular creditor or group of creditors. Where information in this report is based on information from third parties the Bank believes such sources to be reliable. The Bank however accepts no responsibility for the accuracy of its sources. Furthermore, without prejudice to liability for fraud, the Bank accepts no responsibility for the accuracy or completeness of any information contained in this report and, without limitation to the foregoing, disclaims any liability which may be based on the accuracy or completeness of this report. The Bank is under no obligation to make amendments or changes to this publication if errors are found or opinions or information change. The fact that the Bank has made certain additions and amendments does not create any obligation on the Bank to make amendments or changes to this publication in respect of any other developments, errors or changes in opinion or information, regardless of whether such development or changes occur after or before the date of publication of the revised report. -
Ruling for Starr International Companies Win for Barclays Digital
July 2015 REPORT Ruling for Starr International Companies Digital Music Trial Boies, Schiller & Flexner Chairman David Bernanke and former Treasury Secretary Major publications reported on one of the Boies and a team of lawyers from the Firm Timothy Geithner, the Boies, Schiller most impressive antitrust trial wins of the won what many had considered an against- & Flexner team also shed light on the year in December 2014, when Apple Inc. the-odds victory in a case against the U.S. inner workings of the government in the fought off accusations that it had used an government for illegally taking over insurer financial crisis. Bloomberg News said “the iTunes software update to create a monopoly AIG at the height of the financial crisis of ruling solidifies Mr. Boies’s reputation for in the digital music market. As noted by those 2008. Judge Thomas Wheeler ruled on June winning long-shot cases,” while the Wall publications, the jury verdict for the defense 15, 2015, that the government violated the Street Journal described Mr. Boies as “one ended a decade-long dispute in which the law when it took a controlling stake in AIG. of the best trial lawyers in the country.” plaintiffs sought more than $1 billion in treble “The government’s unduly harsh treatment The court denied plaintiffs’ claims for damages under the Sherman Act. Apple’s of AIG in comparison to other institutions damages, based on a legal ruling that is lawyers repeatedly pointed out the plaintiffs’ seemingly was misguided and had no now on appeal. The trial team included Bob side lacked any actual iPod customers saying legitimate purpose,” Judge Wheeler wrote in Silver, Alanna Rutherford, Amy Mauser, Bob they were harmed, the NewYork Times reported. -
The Riksbank's Measures During the Global Financial Crisis 2007-2010
The Riksbank’s measures during the global financial crisis 2007-2010 Riksbank Study, February 2020 KÄNSLIG THE RIKSBANK’S MEASURES DURING THE GLOBAL FINANCIAL CRISIS 2007-2010 3 Contents FOREWORD 4 INTRODUCTION 5 1. THE SWEDISH FINANCIAL SYSTEM WAS SENSITIVE TO GLOBAL ECONOMIC DEVELOPMENTS 7 2. THE CRISIS SPREAD TO SWEDEN 9 3. THE ROLE OF THE RIKSBANK IS TO MAINTAIN PRICE STABILITY, AND TO PROMOTE A SAFE AND EFFICIENT PAYMENT SYSTEM 12 4. THE RIKSBANK EMPLOYED SEVERAL TOOLS DURING THE CRISIS 14 Extraordinary liquidity provisioning 15 Emergency liquidity assistance to specific institutions 22 Swap lines to other central banks 25 5. LESSONS FROM THE CRISIS HAVE SERVED TO STRENGTHEN THE RIKSBANK’S CRISIS PREPAREDNESS 28 REFERENCES 32 ANNEX A. USD LENDING AUCTIONS 34 ANNEX B. SEK LENDING AUCTIONS 35 ANNEX C. PRESS RELEASES 38 4 THE RIKSBANK’S MEASURES DURING THE GLOBAL FINANCIAL CRISIS 2007-2010 Foreword This Riksbank Study describes the measures taken during the global financial crisis 2007- 2010, when the Riksbank provided the Swedish banking system with extraordinary loans, provided emergency liquidity assistance to specific institutions, and limited crisis contagion through swap lines to neighbouring countries. The study complements previously published work on how the Riksbank handled the crisis, by providing a chronological account of the series of events that unfolded in 2007- 2010 and the corresponding Riksbank action. The study also outlines the lessons that the Riksbank learned from the crisis, and how these have served to strengthen our crisis preparedness. The purpose of the study is to contribute to ongoing international initiatives to document case studies from actual financial crises. -
Coping with a Banking Crisis – Rise, Fall and Rebirth of the Icelandic Banking System
Coping with a banking crisis – Rise, fall and rebirth of the Icelandic banking system Second International Workshop on Managing Financial Instability in Capitalist Economies Reykjavik, Iceland September 23 - 25, 2010 Tryggvi Pálsson, Director Financial Stability Central Bank of Iceland SI-65698 Coping with a banking crisis The Rise 2 Iceland • In the 20th century Iceland went from being one of the poorest economies in Europe to a prosperous one – High but volatile growth, -mostly led by fisheries – From 2/3 of labour force in agriculture to 2/3 in services • In past decades: liberalization, deregulation and privatization • Member of the EEA in 1994 – Free movement of capital – European “passport” for financial institutions headquartered in any country within the area – Common legal and regulatory framework … – … but the safety net, e.g. deposit insurance and LOLR, and crisis management and resolution remained largely national (a poisonous coctail) 3 Banking system: - from sectoral and state owned to fully privatized (2003) - major acquisitions abroad 2004-2005 4 Kaupthing Bank Kaupthing began operations in Faroe Islands Stockholm branch opened Kaupthing Bank A new investment bank, New York office Commenced merged wtih Kaupthing Denmark, opens in was opened operations in London Bunadarbanki Islands Copenhagen Organic 2001 2002 2003 2004 2005 2006 2007 2008 Acquired the Stenghthens its Buy a 20% share in the Indian Finnish securities Norwegian operation by Acquired the British bank financial firm FiNoble Advisors Kaupthing acquired Acquired -
The Great Telecom Meltdown for a Listing of Recent Titles in the Artech House Telecommunications Library, Turn to the Back of This Book
The Great Telecom Meltdown For a listing of recent titles in the Artech House Telecommunications Library, turn to the back of this book. The Great Telecom Meltdown Fred R. Goldstein a r techhouse. com Library of Congress Cataloging-in-Publication Data A catalog record for this book is available from the U.S. Library of Congress. British Library Cataloguing in Publication Data Goldstein, Fred R. The great telecom meltdown.—(Artech House telecommunications Library) 1. Telecommunication—History 2. Telecommunciation—Technological innovations— History 3. Telecommunication—Finance—History I. Title 384’.09 ISBN 1-58053-939-4 Cover design by Leslie Genser © 2005 ARTECH HOUSE, INC. 685 Canton Street Norwood, MA 02062 All rights reserved. Printed and bound in the United States of America. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. All terms mentioned in this book that are known to be trademarks or service marks have been appropriately capitalized. Artech House cannot attest to the accuracy of this information. Use of a term in this book should not be regarded as affecting the validity of any trademark or service mark. International Standard Book Number: 1-58053-939-4 10987654321 Contents ix Hybrid Fiber-Coax (HFC) Gave Cable Providers an Advantage on “Triple Play” 122 RBOCs Took the Threat Seriously 123 Hybrid Fiber-Coax Is Developed 123 Cable Modems -
Recommendations for the New Supreme Court Pro Bono Bar and Public Interest Practice Communities
\\jciprod01\productn\N\NYU\86-1\NYU103.txt unknown Seq: 1 29-MAR-11 18:27 COUNTERBALANCING DISTORTED INCENTIVES IN SUPREME COURT PRO BONO PRACTICE: RECOMMENDATIONS FOR THE NEW SUPREME COURT PRO BONO BAR AND PUBLIC INTEREST PRACTICE COMMUNITIES NANCY MORAWETZ* The emergence of a new Supreme Court Pro Bono Bar, made up of specialty prac- tices and law school Supreme Court clinics, has altered the dynamic of litigation related to public interest issues. The new Bar often brings expertise in Supreme Court litigation to cases where there may otherwise be a dearth of resources to support high quality lawyering. But at the same time, this new Bar is subject to market pressures that have important consequences. This Article shows how mem- bers of this new Bar are engaged in a race for opportunities to handle Supreme Court cases on the merits. At the certiorari stage, this Bar can be expected to engage in truncated case analysis, avoid coordination with lawyers handling similar cases, and otherwise make decisions that are influenced by each firm’s interest in being in a position to handle cases on the merits before the Supreme Court. Moreover, throughout the litigation, this Bar may be influenced by the merits opportunity that provided the incentive to take the case in the first place. This Article explores the implications of this new dynamic in Supreme Court litigation for both pro bono practices and public interest practice communities. With respect to pro bono prac- tices, this Article proposes principles that firms could adopt, including those that relate to the selection of cases for free representation and those that relate to the nature of representation that the pro bono practices provide once the firm has taken on representation.