Is a AAA rating of an institution’s bonds any different from a five-star Morningstar rating of a mutual fund, or a four-diamond American Automobile Association rating of a hotel, or a three-star Michelin rating of a restaurant, or a “two-thumbs-up” Siskel and Ebert rating of a film, or a single UL symbol on a blender? And if bond ratings differ from ratings of mutual funds, hotels, restaurants, films, and appliances,…
This Article analyzes the Supreme Court’s determination of whether prosecutorial misconduct violated a defendant’s rights, as well as the related issue of what constitutional remedies are available to redress the prosecutor’s violation. The issues are connected because the Court frequently refers to prosecutorial intent as a facet of its misconduct analysis. The Article maintains that reliance on actual intent is misguided because it can elevate punishing a prosecutor to deter…
Part I of this Article examines the historical evolution of criminal copyright infringement in this country, culminating in the adoption of the NET Act. Part I also provides an overview of the changes in criminal copyright infringement affected by the NET Act. Part II analyzes why, after 100 years, Congress eliminated the requirement of a profit motive for criminal liability and significantly expanded the reach of the criminal sanctions of…