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The criminal side of the docket is not what you think

SCOTUSBlog

ScotusCrim is a recurring series by Rory Little focusing on intersections between the Supreme Court and criminal law. Crime is a big seller in movies and television, but the criminal law system itself is far less dramatic and generally fails to hold the public’s attention. What even counts as a “criminal law” case?

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Over the Border: Gun and Torts Liability to Collide in Mexican Case Before the Supreme Court

JonathanTurley

However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under existing doctrines to hold the firearms industry. The Court has accepted the review on two questions: 1.

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Colorado Candidate Accused of Yielding to Blackmail While on the Aspen City Council

JonathanTurley

There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. What was so striking about this story is that the owner would seem to be incriminating himself in a potentially criminal act, if true. Here is the criminal extortion statute: 18-3-207.

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Roughing the Protester? Activist Tackled by Rams Players Files Police Report and Threatens Lawsuit

JonathanTurley

The common law allowed for citizen arrests as members of the public responded to the “hue and cry” of others. The Statute of Winchester stated that citizens should “follow them with all the town and the towns near, with hue and cry from town to town until that they be taken and delivered to the sheriff.”

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. 47 U.S.C. §

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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

Rademacher took a closer look at the BGH’s landmark decision from 1992, which deemed the concept of punitive damages intolerable in Germany mainly because its function to punish and deter doesn’t fall in the scope of German private law’s concept of strict compensation; punishment and deterrence are entirely reserved for criminal law.

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Houston Man Arrested As Police Continue Search For Missing Tiger

JonathanTurley

He is facing both criminal and potential tort liability for the tiger incident. The Lacey Act and other federal wildlife statutes could be charged for such conduct. The Lacey Act makes it a federal crime to break the wildlife laws of any state, tribe, or foreign country, in interstate commerce.

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