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The Center for Law, Society, and Culture (http://www.law.indiana.edu/centers/lawsociety/) is sponsored by the Indiana University Maurer School of Law. The Center actively supports and promotes multidisciplinary understanding of law and legal problems through scholarship, teaching, and discussion. The Center is located in the School of Law on the Bloomington campus of Indiana University, but produces, presents and coordinates research conducted by more than 70 scholars from schools and departments across Indiana University. The Center's affiliated scholars hold appointments in African-American studies, business, criminal justice, journalism, history, economics, English, law, and gender studies, among others, and are dedicated to an interdisciplinary approach to the study of the role of law in society and culture. The Center supports research related to the law in a broad sense, including the cultural aspects of law expressed through political theory and scientific aspects of law expressed through technological advances in biotechnology, environmental science and information technology.


Table of Contents

The Incarceration of Foreigners in European Prisons

Thomas Ugelvik, University of Oslo, University of Oxford - Border Criminologies

As Though They Were Not Children: DNA Collection from Juveniles

Kevin Lapp, Loyola Law School Los Angeles

Defining and Profiling Phoenix Activity

Helen L. Anderson, Melbourne Law School
Ann O'Connell, University of Melbourne - Law School
Ian Ramsay, University of Melbourne - Law School, Centre for International Finance and Regulation (CIFR)
Michelle Anne Welsh, Monash University - Faculty of Business and Economics
Hannah Withers, Melbourne Law School

Detecting Knowledge of Incidentally Acquired, Real-World Memories Using a P300-Based Concealed-Information Test

John B. Meixner, Northwestern University - School of Law, Northwestern University - Department of Psychology
J. Peter Rosenfeld, Northwestern University - Department of Psychology

Applications of Neuroscience in Criminal Law: Legal and Methodological Issues

John B. Meixner, Northwestern University - School of Law, Northwestern University - Department of Psychology


LAW & SOCIETY: PUBLIC LAW - CRIME, CRIMINAL LAW, & PUNISHMENT eJOURNAL
Sponsored by: Indiana University Maurer School of Law

"The Incarceration of Foreigners in European Prisons" Free Download
In The Routledge Handbook on Crime and International Migration, Sharon Pickering and Julie Ham (eds), London & New York, Routledge, 2014
Criminal Justice, Borders and Citizenship Research Paper

THOMAS UGELVIK, University of Oslo, University of Oxford - Border Criminologies
Email:

The question of foreign nationals in prison has in many ways been decidedly under-researched; a knowledge 'blind spot'. In this chapter, I hope to contribute to remedy this. I will discuss the rapid increase of foreign nationals in European prisons, employing a dual focus emphasizing both the government and prisoner perspectives. The chapter will offer a specifically European analysis. Despite the explicit focus on the European situation, I believe that many of the problems faced both by governments and incarcerated foreign nationals in Europe will be similar to challenges experienced in other parts of the world.

"As Though They Were Not Children: DNA Collection from Juveniles" Free Download
Tulane Law Review, Vol. 89, p. 435, 2014

KEVIN LAPP, Loyola Law School Los Angeles
Email:

Law enforcement craves data. Among the many forms of data currently collected by law enforcement, perhaps none is more potentially powerful than DNA profiles. DNA databasing helps law enforcement accurately and efficiently identify individuals and link them to unsolved crimes, and it can even exonerate the wrongfully convicted. So alluring is DNA collection that the practice has rapidly expanded to juveniles. The federal government and every state but Hawaii mandate DNA collection from juveniles as a result of some contact with the criminal justice system. A conviction in criminal court, a delinquency adjudication in juvenile court, and even a mere arrest can trigger compulsory DNA collection. Law enforcement also seeks DNA samples from juveniles based on their consent.

This Article provides a comprehensive accounting of current juvenile DNA collection legislation and case law. It then situates DNA collection from juveniles within the law’s longstanding and renewed emphasis on special treatment of children both generally and with particular attention to criminal law and juvenile justice. Bringing to bear Supreme Court jurisprudence, neuroscientific and psychosocial research, juvenile court history, and the critical lens of childhood studies, it argues that DNA collection from juveniles based on contact with the criminal justice system is not reasonable and cannot withstand scrutiny. The government interests served by DNA profiling are reduced with respect to juveniles, and the privacy interests are enhanced. Many of its benefits, including deterrence, are lost with regard to juveniles. The Article calls for the prohibition on DNA collection following an adjudication of delinquency or an arrest, and a ban on consent collection from juveniles. This will protect children, and their childhood, while preserving law enforcement’s ability to exploit genetic databasing and aggregate data collection where its rationale justifies its application.

"Defining and Profiling Phoenix Activity" Free Download

HELEN L. ANDERSON, Melbourne Law School
Email:
ANN O'CONNELL, University of Melbourne - Law School
Email:
IAN RAMSAY, University of Melbourne - Law School, Centre for International Finance and Regulation (CIFR)
Email:
MICHELLE ANNE WELSH, Monash University - Faculty of Business and Economics
Email:
HANNAH WITHERS, Melbourne Law School
Email:

Phoenix activity occurs where the business of a failed company is transferred to a second (typically newly incorporated) company and the second company’s controllers are the same as the first company’s controllers. Phoenix activity can be legal as well as illegal. Phoenix activity has become a significant concern for governments because of the number of individuals promoting illegal phoenix activity, the significant loss of tax revenue it causes, and the recognition of the potentially devastating impact it has on creditors and employees.

A key problem faced by regulators is the difficulty associated with identifying whether particular phoenix activity is illegal or not. This report (which forms part of a larger research project) profiles the characteristics of both legal and illegal phoenix activity to assist regulators in formulating education, detection, and enforcement strategies. The report examines the various historical attempts to define phoenix activity and then identifies the following five categories of phoenix activity and provides examples of each: (1) the legal phoenix or business rescue; (2) the problematic phoenix; (3) illegal type 1 phoenix: intention to avoid debts formed as company starts to fail; (4) illegal type 2 phoenix: phoenix as a business model; and (5) complex illegal phoenix activity.

The report also examines the role of professional advisors in facilitating illegal phoenix activity, the victims of illegal phoenix activity (including governments, unsecured trade creditors and employees) and two industries (the building and construction industry and the financial services industry) where illegal phoenix activity has been identified as a particular concern.

"Detecting Knowledge of Incidentally Acquired, Real-World Memories Using a P300-Based Concealed-Information Test" Free Download
Psychological Science, Vol. 25, No. 11, 2014

JOHN B. MEIXNER, Northwestern University - School of Law, Northwestern University - Department of Psychology
Email:
J. PETER ROSENFELD, Northwestern University - Department of Psychology
Email:

Autobiographical memory for events experienced during normal daily life has been studied at the group level, but no studies have yet examined the ability to detect recognition of incidentally acquired memories among individual subjects. We present the first such study here, which employed a concealed-information test in which subjects were shown words associated with activities they had experienced the previous day. Subjects wore a video-recording device for 4 hr on Day 1 and then returned to the laboratory on Day 2, where they were shown words relating to events recorded with the camera (probe items) and words of the same category but not relating to the subject’s activities (irrelevant items). Electroencephalograms were recorded, and presentation of probe items was associated with a large peak in the amplitude of the P300 component. We were able to discriminate perfectly between 12 knowledgeable subjects who viewed stimuli related to their activities and 12 nonknowledgeable subjects who viewed only irrelevant items. These results have strong implications for the use of memory-detection paradigms in criminal contexts.

"Applications of Neuroscience in Criminal Law: Legal and Methodological Issues" Free Download
Current Neurology and Neuroscience Reports, Vol. 15, Pg. 513 (2015 Forthcoming)

JOHN B. MEIXNER, Northwestern University - School of Law, Northwestern University - Department of Psychology
Email:

The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

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About this eJournal

Sponsored by: Indiana University Maurer School of Law.


This eJournal distributes working and accepted paper abstracts of empirical or theoretical scholarship on topics related to crime, criminal law, and criminal punishment (including the death penalty), from any disciplinary perspective. Covered topics include victims' rights, criminal sentencing rules, criminal sentencing procedures, criminal punishment, theories of criminal punishment, alternatives to traditional criminal punishment, criminal law doctrine, and administration of criminal justice.

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Directors

LAW & SOCIETY EJOURNALS

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal

ALFRED C. AMAN
Roscoe C. O'Byrne Professor of Law, Indiana University-Bloomington, Maurer School of Law

JEANNINE BELL
Professor of Law, Indiana University Maurer School of Law

PETER C. CARSTENSEN
George H. Young-Bascom Professor of Law, University of Wisconsin Law School

KENNETH GLENN DAU-SCHMIDT
Willard and Margaret Carr Professor of Labor and Employment Law, Indiana University Maurer School of Law

LAUREN B. EDELMAN
Director, Center for the Study of Law and Society, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley - Jurisprudence & Social Policy Program and Center for the Study of Law and Society

SALLY ENGLE MERRY
Marion Butler McLean Professor in the History of Ideas, Wellesley College - Department of Anthropology

HOWARD S. ERLANGER
Voss-Bascom Professor of Law, Professor of Sociology [Emeritus] Review Section Editor - Law & Social Inquiry, University of Wisconsin Law School

LUIS E. FUENTES-ROHWER
Professor of Law, Adjunct Professor of Latino Studies, Adjunct Professor of Political Science, Indiana University Maurer School of Law

MARC S. GALANTER
John & Rylla Bosshard Professor of Law, University of Wisconsin Law School, Madison

MICHAEL GROSSBERG
Co-Director, Center for Law, Society and Culture, Professor of History & Law, Indiana University-Bloomington, Maurer School of Law

WILLIAM D. HENDERSON
Professor of Law, Indiana University Maurer School of Law

ANNA-MARIA MARSHALL
Editorial Advisory Board, Law and Society Review, Assistant Professor, University of Illinois at Urbana-Champaign - Department of Sociology

LYNN MATHER
Professor of Law and Political Science, SUNY Buffalo Law School

JOYCE S. STERLING
Professor of Law, University of Denver Sturm College of Law