Criminal Law and Torts

Representing the State of Florida, Bruce Jacob argued and lost Gideon v. Wainwright. Thereafter criminal defendants had at least some right to defense counsel.

Mr. Jacob is glad he lost, and loved the experience. The story he tells is well worth reading. His telling also brings back memories of the days when lawyers were not

When should corporate officers face criminal charges? Judge Rakoff famously commented on DOJ not indicting bankers from the 2008 financial fiasco. There also are ongoing media stories regarding GM’s ignition switch recall failures, and some related calls for new criminal laws to foster criminal charges. (see this July 16, 2014 McClatchy News article by

Jennnifer Wagner at the Genomics Law Report includes a great post focused on this week’s oral argument at SCOTUS regarding DNA fingerprinting. Science keeps pushing the law. Set out below is one excerpt from the post – it goes to a key topic: how does law cope with the exponential pace of scientific change?

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UK prosecutors continue to use the nation’s relatively new corporate manslaughter statute. Fields Fisher Waterhouse issued a paper summarizing the 2007 statute and the charges recently asserted against a UK mining company. The fact pattern they describe is as follows: 

"In September 2011 four men tragically died following a flash flood in a coal mineshaft

The Conglomerate includes an interesting post on Dodd-Frank, plus  SEC whistleblower statistic for the first seven weeks. The commentary is from a guest blogger, former insider lawyer, Marcia Narine, now working as a law professor. The theme of this specific post, she seconds the view that the current crisis has been wasted due to

The UK has now seen its first criminal conviction of a corporation for homicide. CMS Cameron McKenna  provides the story in an article here at Mondaq. 

The defendant company, a small entity with only 8 employees, "was convicted of the offence of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007.  The conviction by jury