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Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii Oct 2012

Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii

Pepperdine Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley Jul 2012

Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley

Indiana Law Journal

No abstract provided.


Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer Jun 2012

Is The Prosecution Of War Crimes Just And Effective? Rethinking The Lessons From Sociology And Psychology, Ziv Bohrer

Michigan Journal of International Law

Should perpetrators of genocide, violent acts against civilians during war, or other massive violations of core human rights be punished? International criminal law (ICL) answers this question affirmatively, asserting that the punishment of such atrocities is just and that their effective prosecution can (and should) contribute to the prevention of such future acts. Moreover, an increasing attempt has been made in the international and domestic arenas to act in accordance with these assertions of ICL through the prosecution of war crimes. During the last two decades the role of ICL has become gradually more significant, and the fall of the …


The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher Apr 2012

The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher

Indiana Law Journal

What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …


Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin Feb 2012

Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin

University of Michigan Journal of Law Reform

This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …


Unsportsmanlike Conduct: Curbing The Trend Of Domestic Violence In The National Football League And Major League Baseball, Brant Webb Jan 2012

Unsportsmanlike Conduct: Curbing The Trend Of Domestic Violence In The National Football League And Major League Baseball, Brant Webb

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach Jan 2012

Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach

Michigan Journal of Gender & Law

Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …


Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney Jan 2012

Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney

West Virginia Law Review

No abstract provided.


Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan Jan 2012

Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan

Hofstra Labor & Employment Law Journal

Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …