19 Feb 2016

John Lauro — featured speaker at a program sponsored by Stetson University Law School and the Tampa Bay chapter of the Federal Bar Association

On Friday, February 19, 2016, John Lauro was one of the featured speakers at a program sponsored by Stetson University Law School and the Tampa Bay chapter of the Federal Bar Association. The topic was

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05 Feb 2016

United States v. Clay: Defense Briefs

Please see the briefs filed by the defendants’ attorneys in the United States v. Clay case. The briefs directly address the overcriminalization issues raised by this case:

Brief for defendant-appellant Paul L. Behrens

Reply brief 

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15 Jan 2016

United States v. Clay: A Case Study in Overcriminalization and Unchecked Prosecutorial Discretion

The National Association of Criminal Defense Lawyers’ Director of Public Affairs & Communications Ivan J. Dominguez recently discussed the United States v. Clay case with attorney Matt Kaiser, a partner at the firm of Kaiser, …

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19 Nov 2015

Prosecutors Run Amok?

Please see this link to a wonderful panel discussion led by federal Circuit Court Judge, the Honorable Alex Kozinsky and John G. Malcolm, Director of the Edwin Meese III Center for Legal and Judicial Studies, …

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19 Nov 2015

The WellCare Case Provides an Example of Overcriminalization in Action

Adam Bates authored a great post with the Cato Institute concerning the scourge of overcriminalization and how it affects our criminal justice system. The Cato Institute has been a champion for protecting individual rights and …

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11 Nov 2015

Being an Executive is Not a Crime

Matt Kaiser, an outstanding criminal defense lawyer, wrote a wonderful piece for the Washington Times on how business executives should not be criminally prosecuted  for routine business decisions that violate no law. What is particularly …

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02 Oct 2015

United States v. Clay—Post-Oral Argument—Podcast

Please see this excellent summary podcast of the United States v. Clay oral argument posted by the Federalist Society. Participants include Paul D. Kamenar, Senior Fellow, Administrative Conference of the United States, and John J. …

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01 Oct 2015

Eleventh Circuit Has Opportunity in “U.S. v. Clay” to Reshape Prosecutors’ & Courts’ Approach on Criminal Intent

Please see the link to the Washington Legal Foundation Legal Pulse posting that addresses the role of judges in connection with regulatory criminal prosecutions. This is an outstanding piece — written before the Clay appellate …

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30 Sep 2015

Courthouse Steps Teleforum Preview: Regulatory Crimes: United States v Clay – Oral Argument

Please see the link below to the Federalist Society teleforum preview of the United States v. Clay oral argument before the Eleventh Circuit Court of Appeals, prepared by John J. Park, Jr., Esq. John provides …

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16 Sep 2015

NACDL’s Overcriminalization Panel

Please see the panel discussion before Congressional staffers about overcriminalization planned by the National Association of Criminal Defense Lawyers and sponsored by The Constitution Project. How should our federal government strike the right balance between …

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