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Articles 1 - 30 of 229
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Absolute Immunity: A License To Rape Justice At Will, Prentice L. White
Absolute Immunity: A License To Rape Justice At Will, Prentice L. White
Prentice L White
ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its …
Compensating The Adult Victim Of Childhood Incest: From Criminal To Constitutional Compensation, Limor Ezioni
Compensating The Adult Victim Of Childhood Incest: From Criminal To Constitutional Compensation, Limor Ezioni
Limor Ezioni
Adult victims of childhood incest face a multitude of problems when seeking redress from the courts: complex emotional and psychological issues, administrative difficulties in filing a complaint, the statute of limitation in civil suits, and inadequate financial compensation, to name just a few. Here we focus on the legal, moral, and philosophical dilemmas related to the question of proper punishment for the offender. Every legal system takes a different approach to this matter, often reflective of local legal/social norms. We believe that the Israeli experience can serve as springboard for research and debate on both the theoretical and practical aspects …
We Dream A World: The 2025 Vision For Black Men And Boys, Rhonda Tsoi-A-Fatt Bryant
We Dream A World: The 2025 Vision For Black Men And Boys, Rhonda Tsoi-A-Fatt Bryant
Rhonda Tsoi-A-Fatt Bryant
No abstract provided.
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla
Victor D. Quintanilla
This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social-psychological perspective. The field of social psychology has documented a pervasive phenomena—the Fundamental Attribution Error—the failure of decision-makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social-psychological research on the Fundamental Attribution Error, legal concepts such as intent, intentionality, mens rea, and …
Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic
Two Steps Forward, One Step Back: The 2010 Report By The Un Special Representative On Business And Human Rights, Jernej Letnar Cernic
Jernej Letnar Černič
The relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under …
Studying Japanese Law Because It's There, Tom Ginsburg
Studying Japanese Law Because It's There, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Ca. Gov't Code §11135: A Challenge To Contemporary State-Funded Discrimination, Danfeng S.V. Koon
Ca. Gov't Code §11135: A Challenge To Contemporary State-Funded Discrimination, Danfeng S.V. Koon
Danfeng S.V. Koon
Racially disproportionate outcomes persist in our schools, hospitals, courts, and neighborhoods. While some of these disparities stem from historical inequalities, socio-economic differences, and individual behavior, considerable racial disparities persist, even after holding these factors constant. These disparities are particularly troubling because they are attributable to the unconscious biases embedded in the policies and practices of our public institutions and represent the most pernicious form of contemporary discrimination. This article argues that unlike other disparities, these “super disparities,” can and must be legally redressed. While federal redress for state-funded disparate impacts has been largely foreclosed after Alexander v. Sandoval, California Government …
Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber
Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber
Diane Webber
The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …
The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher
The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher
Anne T Gallagher
Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the articulation and acceptance of legal obligations owed by States to prevent and respond to such harm. Unfortunately, and despite this important progress, victims of trafficking very rarely receive the …
Deconstructing The Marginalization Of “Underclass” Students: Disciplinary Alternative Education, I. India Geronimo
Deconstructing The Marginalization Of “Underclass” Students: Disciplinary Alternative Education, I. India Geronimo
I. India Geronimo
Disciplinary alternative education programs have the potential to marginalize students by separating and permanently tracking them out of the mainstream school system into an underclass of the educational community. The students who are funneled into alternative education programs are often those students who are perceived to be undesirable and low-achieving. Marginalizing these students is attractive because it: 1) is an immediate method for relieving school administrator fatigue; 2) it is an extension of the zero tolerance and punitive approach that has plagued the criminal justice system and is a politically attractive manner for administrators and politicians to appear “tough on …
Iran’S “New Constitutionalism”: Constitutional Politics In Post-Revolutionary Iran, Kambiz Behi
Iran’S “New Constitutionalism”: Constitutional Politics In Post-Revolutionary Iran, Kambiz Behi
Kambiz Behi
This Article argues that the Iranian constitutional system, although distinctive in application and in jurisprudence, is structurally and functionally similar to a set of rapidly globalizing forms of constitutional arrangement. These similarities include, in the main, legal institutions, legal thought, and methods of jurisprudence. In particular, I argue that the post-1989 constitutional reforms in Iran incorporate a globalizing constitutional mode of legal arrangement marked by proportionality analysis and judicial interventionism at the expense of representative politics. The Article also aims to make a contribution to the methodology of legal analysis by applying a Critical approach to the study of a …
Defining Terrorism Within International Law And Legislation Of The Republic Of Azerbaijan, Rahim Hesenov
Defining Terrorism Within International Law And Legislation Of The Republic Of Azerbaijan, Rahim Hesenov
rahim hesenov
No abstract provided.
The Effect Of Religious Affiliation And Church Attendance On State Fiscal Progressivity, Erika Dayle Siu
The Effect Of Religious Affiliation And Church Attendance On State Fiscal Progressivity, Erika Dayle Siu
Erika Dayle Siu
This study finds that with minor exception, neither religious affiliation nor regular church attendance significantly affects state fiscal progressivity. Based on an examination of prevailing theological traditions within major religious groups, a viable hypothesis is that a state’s fiscal progressivity should correlate to its religious demographics to some extent, depending on the social justice beliefs of each religious group. If so, states with a greater percentage of Catholics and Jewish residents would have more fiscal progressivity; states with a greater percentage of Mainline Protestants and Historically Black Church members would also evidence fiscal progressivity but to a lesser extent; and …
Human Trafficking: Iraq - A Case Study, Ali Allawi
Human Trafficking: Iraq - A Case Study, Ali Allawi
Ali Allawi
The accompanying Article explores the issue of human trafficking and sexual exploitation in postwar Iraq. It attempts, in three steps to firstly identify the issue of human trafficking and how it pertains to Iraq, secondly to examine Iraq’s international legal obligations to address the human rights violations and human trafficking issues, and lastly, recommend implementable solutions that the Iraqi government can take to meet its international obligations and remedy the problem at hand. The Article sheds new light on the growing humanitarian crisis in post war Iraq and brings awareness of the monumental challenges that face both the government and …
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Terri R. Day
This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It focuses …
Addressing The Special Problems Of Mentally Ill Prisoners: A Small Piece Of The Solution To Our Nation's Prison Crisis, Michael Vitiello
Addressing The Special Problems Of Mentally Ill Prisoners: A Small Piece Of The Solution To Our Nation's Prison Crisis, Michael Vitiello
Michael Vitiello
After years of neglect, policymakers must confront a crisis in our prisons created by the increasing number of mentally ill prisoners. Mentally ill prisoners are both vulnerable and troublesome. Apart from their special needs, they are an increasing segment of the prison population. Their numbers have risen roughly in proportion with the release of the mentally ill from mental hospitals and the closing of those institutions. As states look for ways to reduce prison costs, meaningful reform may be in the air. That may allow a reexamination of policies that have led to the increase in mentally ill-prisoners. But if …
Can Cia Interrogators Relying Upon Government Counsel Advice Be Prosecuted For Torture?, Adam M. Hochroth
Can Cia Interrogators Relying Upon Government Counsel Advice Be Prosecuted For Torture?, Adam M. Hochroth
Adam M Hochroth
In the spring of 2002, the CIA sought advice from the Office of Legal Counsel (OLC) regarding an interrogation program for high-level al Qaeda detainees. The proposed program included the use of techniques such as walling, stress positions, confinement, sleep deprivation and waterboarding. On August 1, 2002, the OLC provided two memoranda of advice to the CIA on the lawfulness of the proposed program and the specific techniques intended. The OLC advised that the program and the techniques were lawful and did not constitute torture within the meaning of the Torture Statute, 18 U.S.C. §§2340–2340A. This article considers whether interrogators …
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Terri R. Day
This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It focuses …
Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller
Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller
Colin Miller
The “anchoring effect” is cognitive bias by which people evaluate numbers by focusing on a reference point – an anchor – and adjusting up or down from that anchor. Unfortunately, people usually do not sufficiently adjust away from their anchors, so the initial choice of anchors has an inordinate effect on their final estimates. More than 90% of all criminal cases are resolved by plea bargains. In the vast majority of those cases, the prosecutor makes the initial plea offer, and prosecutors often make high initial offers. Assuming that the prosecutor’s opening offer operates as an anchor, nearly all criminal …
The Image Of The Attorney: The Character Of Attorney Randolph Mason In Three Books By Melville Davisson Post, Patricia J. Brown
The Image Of The Attorney: The Character Of Attorney Randolph Mason In Three Books By Melville Davisson Post, Patricia J. Brown
Patricia J Brown
Summary In 1896 a young attorney practicing in West Virginia, Melville Davisson Post, wrote a book entitled The Strange Schemes of Randolph Mason. His stated mission in this book was to invent a new type of story to compete with the currently popular genre of the detective story. His stories would show how a criminal, even if detected, could escape punishment by using loopholes and schemes available in the law. The criminal, not always able to find these loopholes himself, would be guided by a legal misanthrope, an attorney named Randolph Mason. Post wrote two books using this motif and …
Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller
Anchors Away: Why The Anchoring Effect Suggests That Judges Should Be Able To Participate In Plea Discussions, Colin Miller
Colin Miller
The “anchoring effect” is cognitive bias by which people evaluate numbers by focusing on a reference point – an anchor – and adjusting up or down from that anchor. Unfortunately, people usually do not sufficiently adjust away from their anchors, so the initial choice of anchors has an inordinate effect on their final estimates. More than 90% of all criminal cases are resolved by plea bargains. In the vast majority of those cases, the prosecutor makes the initial plea offer, and prosecutors often make high initial offers. Assuming that the prosecutor’s opening offer operates as an anchor, nearly all criminal …
Israel And The International Criminal Court: The United Nations Fact-Finding Mission On The Gaza Conflict And Its Role In The Arab-Israeli Conflict, Adam A. Hussein Mr.
Israel And The International Criminal Court: The United Nations Fact-Finding Mission On The Gaza Conflict And Its Role In The Arab-Israeli Conflict, Adam A. Hussein Mr.
Adam A Hussein Mr.
On September 15, 2009 the United Nations Human Rights Council (UNHRC) released the Report of the United Nations Fact Finding Mission on the Gaza Conflict (UN Report). The UN Report garnered great interest in the international community, as it introduced the question of whether Israel and Palestine could be brought before the International Criminal Court for their acts in the aggression that began in late 2008. This paper discusses the UN Report’s findings, construction, and flaws. The paper then uses the UN Report to assess what role the UNHRC and ICC can play in the Middle East Conflict. After concluding …
Confucian Influence On The Criminal Laws Of Korea And Japan, Woo-Jung Jon
Confucian Influence On The Criminal Laws Of Korea And Japan, Woo-Jung Jon
Woo-Jung Jon
In Korean Criminal Law there are thirteen provisions influenced by Confucian filial piety, imposing heavier punishment on crimes committed against lineal ascendants. The Japanese Criminal Law also had such provisions, but abolished them. This article examines the present and the past of the Confucian influence on the Criminal Laws of Korea and Japan. Chapter II investigates the historical background of the development of Confucianism in Korea and Japan, and the conflicts between traditional Confucianism and newly transplanted Western legal systems. Chapter III analyzes the provisions of the Criminal Laws of Japan and Korea related with aggravated punishment on the crime …
The Failure Of Consent, Michal Buchhandler-Raphael
The Failure Of Consent, Michal Buchhandler-Raphael
michal buchhandler-raphael
What is rape? What are the harms, risks and values that the criminal prohibition on rape attempts to promote? How should criminal law properly conceptualize the offense of rape? Does submission to sexual demands in light of threats to inflict non-physical harms, such as economic and professional harms including firing or demotion, constitute rape? Scholars have been grappling with these questions for several decades, attempting to better align society’s perceptions about the criminal regulation of sexual misconduct with the ever-evolving social perceptions about sexuality and gender norms. This Article argues that while rape law reform has accomplished significant changes in …
Mission Creep And The Compromising Of Strategic Direction In United Kingdom Police Services. An Exploratory Study Of The Evidence., Gordon Marnoch, Gavin Boyd, John Topping
Mission Creep And The Compromising Of Strategic Direction In United Kingdom Police Services. An Exploratory Study Of The Evidence., Gordon Marnoch, Gavin Boyd, John Topping
Gordon Marnoch
This paper examines key problems facing United Kingdom police leaders face in meeting the service expectations of government and the public in a period of austerity. A central problem relates to the extent to which the police leader’s opportunity to pursue strategic actions appropriate to changing circumstances, has been compromised by ‘mission creep’. The empirical evidence presented here is based on a study of one large English police service supplemented by interviews conducted with senior officers in this and other police services. The paper concludes that mission creep and path dependency are inter-linked.
The Consequences Of Incremental Reform And Institutional Dynamics On The Effectiveness Of Performance Management In United Kingdom Police Services., Gordon Marnoch, Karl Mcvicker, Ruth Fee
The Consequences Of Incremental Reform And Institutional Dynamics On The Effectiveness Of Performance Management In United Kingdom Police Services., Gordon Marnoch, Karl Mcvicker, Ruth Fee
Gordon Marnoch
The paper argues that while performance management practices are much in evidence in contemporary police services, the perceptions and views of police officers and civilian staff discussed in this paper should give us pause in concluding that there has been a straightforward triumph of managerialist rationality over operational tradition in the use of policing resources. Evidence is drawn from an extensive study of police officers and civilian staff and their self-reported engagement with performance management systems in three large United Kingdom police services.
The Place Of Repentance In Retributive Sentencing, Itay E. Lipschits, Rinat Kitai-Sangero
The Place Of Repentance In Retributive Sentencing, Itay E. Lipschits, Rinat Kitai-Sangero
itay E. Lipschits
ABSTRACT Repentance touches many aspects of life. It is basic to human relations. The article sets forth the normative reasons for taking repentance into account in the frame of criminal sentencing. Change that takes place in people should be recognized as a relevant measure for society's attitude toward them. The web of social relations among offender, victim, and society needs to permeate the criminal justice system and the considerations of punishment that it includes. Whoever wants to disconnect between the prevailing social reality, which attributes great interpersonal importance to repentance and forgiveness, and the question of how a person is …
War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel
War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel
Collin P Wedel
In recent years, federal courts have tried an increasing number of suspected terrorists. In fact, since 2001, federal courts have convicted over 403 people for terrorism-related crimes. Although much has been written about the normative question of where terrorists should be tried, scant research exists about the impact these recent trials have had upon the Article III court system. The debate, rather, has focused almost exclusively upon the proper venue for these trials and the hypothetical problems and advantages that might inhere in each venue. The war in Afghanistan, presenting a host of thorny legal issues, is now the longest …
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins
Lori A. Ringhand
This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This dataset, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which …
Insulating Agencies: Avoiding Capture Through Institutional Design, Rachel E. Barkow
Insulating Agencies: Avoiding Capture Through Institutional Design, Rachel E. Barkow
Rachel E Barkow
So-called independent agencies are created for a reason, and often that reason is a concern with agency capture. Agency designers hope that a more insulated agency will better protect the general public interest against interest group pressure. But the conventional approach to independent agencies in administrative law largely ignores why agencies are insulated. Instead, discussions about independent agencies in administrative law have focused on three features that have defined independent agencies: whether their heads are removable at will or for cause by the President, whether they must submit regulations to the President’s Office of Information and Regulatory Affairs for cost-benefit …