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Articles 31 - 60 of 1087
Full-Text Articles in Entire DC Network
The Impact Of The Rule Of Law On National Security In African Countries, Catherine Lena Kelly
The Impact Of The Rule Of Law On National Security In African Countries, Catherine Lena Kelly
Judicature International
No abstract provided.
Policing Fiscal Corruption: Tax Crime And Legally Corrupt Institutions In The United Kingdom, Branislav Hock
Policing Fiscal Corruption: Tax Crime And Legally Corrupt Institutions In The United Kingdom, Branislav Hock
Law and Contemporary Problems
No abstract provided.
"The Producers" Of Tax Abuse: The Corrupting Effects Of Tax Laws And Tax Reliefs In The U.K. Film Industry, Lorenzo Pasculli, Stuart Maclennan
"The Producers" Of Tax Abuse: The Corrupting Effects Of Tax Laws And Tax Reliefs In The U.K. Film Industry, Lorenzo Pasculli, Stuart Maclennan
Law and Contemporary Problems
No abstract provided.
Foreword: Tax Evasion, Corruption And The Distortion Of Justice, Diane Ring, Costantino Grasso
Foreword: Tax Evasion, Corruption And The Distortion Of Justice, Diane Ring, Costantino Grasso
Law and Contemporary Problems
No abstract provided.
Corruption, Tax Evasion, And The Distortion Of Justice: Global Challenges And International Responses, Lorena Bachmaier Winter, Donato Vozza
Corruption, Tax Evasion, And The Distortion Of Justice: Global Challenges And International Responses, Lorena Bachmaier Winter, Donato Vozza
Law and Contemporary Problems
No abstract provided.
Developing A Working Model To Fight Fiscal Corruption: The Nexus At Which Tax Crimes And Corruption Meet, Pietro Sorbello, Stephen Holden
Developing A Working Model To Fight Fiscal Corruption: The Nexus At Which Tax Crimes And Corruption Meet, Pietro Sorbello, Stephen Holden
Law and Contemporary Problems
No abstract provided.
Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.
Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.
Faculty Scholarship
In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil-military relations, and in response, this Article comments on and clarifies these well-intended efforts. This Article sequentially dissects each CP/BP in today’s context of hyper-politicization, partisanship, technology, and more. Where necessary, the Article explains how the law may …
Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell
Error Aversions And Due Process, Brandon L. Garrett, Gregory Mitchell
Faculty Scholarship
William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This view is the cornerstone of due process protections for those accused of crimes, giving rise to the presumption of innocence and the high burden of proof required for criminal convictions. While most legal elites share Blackstone’s view, the citizen-jurors tasked with making due process protections a reality do not share the law’s preference for false acquittals over false convictions.
Across multiple national surveys, sampling more than 10,000 people, we find that a majority of Americans views false acquittals and …
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez
Faculty Scholarship
In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …
Forced Justice: The Kosovo Specialist Chambers, Sara L. Ochs, Kirbi Walters
Forced Justice: The Kosovo Specialist Chambers, Sara L. Ochs, Kirbi Walters
Duke Journal of Comparative & International Law
The Kosovo Specialist Chambers (KSC), the court created to adjudicate war crimes and crimes against humanity committed in Kosovo at the turn of the century, is the world’s newest hybrid tribunal. The KSC is classified as a hybrid tribunal because it ostensibly blends aspects of international and domestic law and resources. Upon examination, however, the KSC departs in critical ways from the traditional concept of a hybrid tribunal, representing an internationally dominated court with minimal local involvement. By detailing the history of judicial mechanisms employed to prosecute crimes committed during and in the aftermath of the Kosovo War from 1998-1999, …
Tribal Sovereignty And The Right To Life, Clare Holtzman
Tribal Sovereignty And The Right To Life, Clare Holtzman
Duke Journal of Comparative & International Law
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal citizens on Tribal land. Yet here, the federal government utilized a loophole to seek the death penalty against the Navajo Nation's wishes. Lezmond Mitchell was not a sympathetic man by any means; indeed, he brutally killed a grandmother and her young granddaughter to steal their …
A Way Forward After Dobbs: Human Rights Advocacy And Self-Managed Abortion In The United States, Kelly Keglovits
A Way Forward After Dobbs: Human Rights Advocacy And Self-Managed Abortion In The United States, Kelly Keglovits
Duke Journal of Constitutional Law & Public Policy Sidebar
Even in the era before Dobbs, wherein the Supreme Court repeatedly classified abortion as a "fundamental right," the ability to have an abortion was inaccessible in many parts of the United States. The irony that a "fundamental right" was so difficult to exercise results from how Constitutional rights are understood, which left many open-ended avenues for states to bring restrictions. International Human Rights law, however, offers a more optimistic and accountable approach to steps forward in increasing abortion access—illustrating a need to bring a human rights-based approach home. Dobbs has eviscerated any concept of federal protections for abortion, severely worsening …
Toward Recognizing An International Human Right To Claim Innocence, Brandon Garrett, Laurence R. Helfer, Jayne C. Huckerby, Mark Godsey, Luca Lupària
Toward Recognizing An International Human Right To Claim Innocence, Brandon Garrett, Laurence R. Helfer, Jayne C. Huckerby, Mark Godsey, Luca Lupària
Judicature International
No abstract provided.
The Lost Right To Jury Trials In "All" Criminal Prosecutions, Andrea Roth
The Lost Right To Jury Trials In "All" Criminal Prosecutions, Andrea Roth
Duke Law Journal
The Sixth Amendment states that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” Similarly, Article III mandates that the trial of “all crimes, other than impeachment, shall be by jury.” Nonetheless, tens of thousands of federal defendants each year are denied a jury in “petty” cases with a potential sentence of six months or less. These cases can carry significant consequences and involve not only regulatory crimes but traditional crimes like theft, assault, and sexual abuse. This apparently blatant contradiction of the U.S. Constitution’s text is justified by …
Collective Memory, Criminal Law, And The Trial Of Derek Chauvin, Sean A. Berman
Collective Memory, Criminal Law, And The Trial Of Derek Chauvin, Sean A. Berman
Duke Law Journal
This Note describes how criminal trials for prominent criminal acts contribute to the collective memory of the underlying offense. Hannah Arendt once argued that the purpose of criminal trials is to “render justice, and nothing else.” Unlike criminal trials, political trials strive to produce collective memory. This Note utilizes political trials as a foil to criminal trials to identify the ways that criminal trials succeed (and fail) to produce collective memory. Several features of the criminal trial— namely, the trial’s unique narrative form, constituent storytellers, capacity to capture the gravity of the offense, and jury—add to society’s shared narrative of …
Foreword: Two Americas, Doriane Lambelet Coleman
Foreword: Two Americas, Doriane Lambelet Coleman
Law and Contemporary Problems
No abstract provided.
Unified Criminal Justice Reform, Brandon L. Garrett
Unified Criminal Justice Reform, Brandon L. Garrett
Law and Contemporary Problems
No abstract provided.
Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt
Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt
Judicature International
No abstract provided.
Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham
Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham
Alaska Law Review
Individuals convicted of sex offenses in Alaska are serving extremely long sentences in prison. The Alaska legislature restricted the ability of those convicted of sex offenses to have their cases referred to three-judge panels for sentencing outside the presumptive sentencing range set by the legislature. The Alaska Supreme Court then held that different forms of sexual penetration are distinct and separate offenses, meaning that the associated charges cannot be merged and the sentences must run consecutively. Thus, Alaska has embraced lengthy sentences for sex offenses. Unfortunately, this punitive practice is doing little to protect Alaskan communities or rehabilitate the people …
Done The Time, Still Being Punished For The Crime: The Irrationality Of Collateral Consequences In Occupational Licensing And Fourteenth Amendment Challenges, Mccarley Maddock
Done The Time, Still Being Punished For The Crime: The Irrationality Of Collateral Consequences In Occupational Licensing And Fourteenth Amendment Challenges, Mccarley Maddock
Duke Journal of Constitutional Law & Public Policy Sidebar
Traditionally, retributive models of criminal justice rely on incarceration as punishment for a crime. Under this theory, punishment should end when the offender is released from prison. Yet, a decentralized web of statutes across the United States undermines this commonsense notion and continues to punish formerly incarcerated persons by denying them access to basic services for re-entry into society such as housing, government benefits, and employment. Specifically, thousands of the formerly incarcerated individuals are barred from working in or pursuing a career of their choice based on state statutes that prohibit entry into a given profession based on criminal history. …
Universalizing Fraud, Parmida Enkeshafi
Universalizing Fraud, Parmida Enkeshafi
Duke Journal of Constitutional Law & Public Policy Sidebar
The criminal trial of Elizabeth Holmes has reanimated public interest in fraud. Holmes, once a Silicon Valley prodigy, was charged with two counts of conspiracy to commit wire fraud and eleven counts of wire fraud. A jury found Holmes guilty on four counts, potentially subjecting her to 80 years in prison. This Note uses the example of Elizabeth Holmes's case to examine more broadly the role of morality in fraud and argues for a new framework by which to articulate and prosecute fraud.
Criminal jurisprudence has struggled to construct a satisfactory definition of "white-collar crime" since sociologist Edwin H. Sutherland …
Reparations For Racial Wealth Disparities As Remedy For Social Contract Breach, Martha M. Ertman
Reparations For Racial Wealth Disparities As Remedy For Social Contract Breach, Martha M. Ertman
Law and Contemporary Problems
No abstract provided.
Reason And Rhetoric In Edwards V. Vannoy, Richard M. Re
Reason And Rhetoric In Edwards V. Vannoy, Richard M. Re
Duke Journal of Constitutional Law & Public Policy
Judicial reasoning and rhetoric should be mutually reinforcing, but often they end up at odds. Edwards v. Vannoy offers an unusually rich opportunity to explore this tension. First, the watershed exception, though declared "moribund," may actually have survived. Second, Justice Gorsuch’s ostensibly strict judgment-based approach arguably called for providing relief in Edwards. Third, majority coalitions have a counterintuitive incentive, rooted in rhetoric, to overrule relatively insignificant precedents. Fourth, Edwards featured charges of personal inconsistency that both reflect and facilitate the erosion of conventional legal argument. Finally, the legal system may benefit from the superficial and even fallacious reasoning often …
Paving The Way For Mindreading: Re-Interpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli
Paving The Way For Mindreading: Re-Interpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Getting It Right: Whether To Overturn Qualified Immunity, David D. Coyle
Getting It Right: Whether To Overturn Qualified Immunity, David D. Coyle
Duke Journal of Constitutional Law & Public Policy
Qualified immunity, the defense available to police officers and other government officials facing civil rights lawsuits, has increasingly come under attack. In recent opinions, Justice Clarence Thomas has noted his growing concern that the Court's current qualified immunity jurisprudence, which deals with whether a right is "clearly established", strays from Congress's intent in enacting the Civil Rights Act of 1871 (the statute giving rise to civil rights claims). Other jurists and legal scholars similarly criticize the doctrine, with many calling for the Court to revisit its qualified immunity jurisprudence and abolish or significantly alter the doctrine.
Given that the Court's …
Gary Myers, Gerald B. Tjoflat
Gary Myers, Gerald B. Tjoflat
Special Collections
A discussion with Judge Tjoflat regarding jurisprudence, overall judicial philosophy, and approach to being a judge.
Long Over-Due Process: Proposing A New Standard For Pretrial Detainees' Length Of Confinement Claims, Kendall Huennekens
Long Over-Due Process: Proposing A New Standard For Pretrial Detainees' Length Of Confinement Claims, Kendall Huennekens
Duke Law Journal
Prolonged pretrial detention poses one of the greatest unchecked threats to due process in the United States. The Supreme Court has never announced the proper analysis to adjudicate detainees’ allegations of prolonged detention pending trial (for criminal detainees) or removal (for noncitizens in immigration detention centers). Because the Court has continually ducked this constitutional question, detainees and courts alike lack guidance regarding how to vindicate this fundamental liberty interest.
This Note identifies the inconsistencies in the Court’s due process jurisprudence generally, as well as the dangers intrinsic to collapsing the standards used to evaluate pretrial detainees’ claims under the Due …
Algorithm V. Algorithm, Cary Coglianese, Alicia Lai
Algorithm V. Algorithm, Cary Coglianese, Alicia Lai
Duke Law Journal
Critics raise alarm bells about governmental use of digital algorithms, charging that they are too complex, inscrutable, and prone to bias. A realistic assessment of digital algorithms, though, must acknowledge that government is already driven by algorithms of arguably greater complexity and potential for abuse: the algorithms implicit in human decision-making. The human brain operates algorithmically through complex neural networks. And when humans make collective decisions, they operate via algorithms too—those reflected in legislative, judicial, and administrative processes. Yet these human algorithms undeniably fail and are far from transparent. On an individual level, human decision-making suffers from memory limitations, fatigue, …
Defining Sex, Edward Schiappa
Robert Parrish, Gerald B. Tjoflat
Robert Parrish, Gerald B. Tjoflat
Special Collections
A discussion with Judge Tjoflat regarding his work with the North Florida Council of the Boy Scouts of America