All Articles tagged fraud

• General
  February 28, 2019 EDT
  BREAKING INTO AN EMPTY HOUSE: A THEORY OF REMEDIES FOR CFAA UNAUTHORIZED ACCESS TO NON-PROPRIETARY INFORMATION
  Omri Rachum-TwaigOhad Somech

  This article reviews the doctrinal development of both the CFAA’s unauthorized access doctrine and the parallel trespass to chattels doctrine, as well as the underlying theoretical justifications for such doctrines.

• General
  December 12, 2018 EDT
  SHOULD MISPRISION OF A FELONY BE CONSIDERED A CRIME INVOLVING MORAL TURPITUDE?
  Elyssa Klein

  While there are few convictions for misprision of a felony, it is important to examine the circuit split because it demonstrates the current lack of uniformity in our immigration system.

• Justice Commentaries
  July 17, 2018 EDT
  FORENSIC EVIDENCE INWRONGFUL CONVICTIONCASES: FROM BEING A RIGHT-HAND MAN TO BECOMING A SNAKE IN THE GRASS
  Irina Zakirova

  This article examines the admissibility and reliability of forensic science in the courtroom.

• General
  March 23, 2015 EDT
  GRIM FAIRY TALES: STUDIES OF WICKED STEPMOTHERS, POISONED APPLES, AND THE ELECTIVE SHARE
  Martin D. Begleiter

  This article considers attempts by courts to expand the elective share to will substitutes and finds such attempts to be an impermissible use of public policy by courts.

• Justice Commentaries
  October 16, 2014 EDT
  PROSECUTORIAL MISCONDUCT IN THE DIGITAL AGE
  John G. Browning

  As this article demonstrates, prosecutorial misconduct arising out of the use of technology poses a particular concern thanks to the ease of use and inexorable spread of new communication platforms.

• General
  May 13, 2014 EDT
  AVOIDING CONTRACTUAL LIABILITY TO BASEBALL PLAYERS WHO HAVE USED PERFORMANCE ENHANCING DRUGS: CAN WE KNOCK IT OUT OF THE PARK?
  Bryan Gottlieb

  This paper identifies the availability and relative strengths and weaknesses of various legal safeguards that MLB teams and sponsors of players have for avoiding contractual liability to athletes who have...

• New York Appeals
  January 01, 2014 EDT
  THE EXPANSION OF NEW YORK STATE POST-CONVICTION RELIEF: PEOPLE V. SEEBER AND THE EXTENSION OF CPL 440.10(1)(B) BEYOND BRADY
  Karin S. Portlock

  The Third Department‘s decision in People v. Seeber is a seminal opinion on the purpose, meaning, and scope of New York State Criminal Procedure Law (CPL) section 440.10(1)(b).

• New York Appeals
  March 03, 2013 EDT
  ALBANY‘S DECADE OF CORRUPTION: PUBLIC INTEGRITY ENFORCEMENT AFTER SKILLING V. UNITED STATES, NEW YORK‘S DORMANT HONEST SERVICES FRAUD STATUTE, AND REMEDIAL CRIMINAL LAW REFORM
  Andrew M. Stengel

  After the Supreme Court's decision in Skilling v. United States and the prevalence of corruption in New York state government, Penal Law section 200.25 should be vigorously enforced.

• New York Appeals
  March 03, 2013 EDT
  PUNITIVE DAMAGES: PUBLIC WRONG OR EGREGIOUS CONDUCT?
  John M. LeventhalThomas A. Dickerson

  This article provides a historical perspective of New York state jurisprudence on punitive damages and the rationales for their imposition.

• New York Appeals
  March 03, 2011 EDT
  PLEADING FRAUD IN NEW YORK: CPLR 3016(B)'S HEIGHTENED PLEADING STANDARD AND WHY IT’S IMPORTANT
  James G. CavoliMatthew J. Laroche

  This article reviews the current state of the law regarding CPLR 3016(b).

• General
  January 01, 2011 EDT
  THE FUTURE OF HONEST SERVICES FRAUD
  Jennifer I. Rowe

  This comment suggests that further legislation is needed to delineate an acceptably clear standard for criminalizing nondisclosure of a conflict of interest.

• General
  March 03, 2010 EDT
  AIDING AND ABETTING, A MADOFF FAMILY AFFAIR: WHY SECONDARY ACTORS SHOULD BE HELD ACCOUNTABLE FOR SECURITIES FRAUD THROUGH THE RESTORATION OF THE PRIVATE RIGHT OF ACTION FOR AIDING AND ABETTING LIABILITY UNDER THE FEDERAL SECURITIES LAWS
  Melissa C. Nunziato

  This comment argues that secondary actors should be held accountable for securities fraud through the private right of action for aiding and abetting liability under the federal securities laws.

• General
  January 01, 2009 EDT
  WHITE COLLAR CRIME’S GRAY AREA: THE ANOMALY OF CRIMINALIZING CONDUCT NOT CIVILLY ACTIONABLE
  Wendy Gerwick Couture

  This article proposes a two-step solution to further the rationales of the civil-criminal divide while preserving the delicate balance of the current scheme of securities regulation.

• General
  January 01, 2006 EDT
  FROM PROXY TO PRINCIPLE: FRAUDULENT JOINDER RECONSIDERED
  James M. Underwood

  This article proposes a change to the joinder analysis that will eliminate the doctrinal dilemmas with which the courts have grappled with in cases of federal diversity jurisdiction.