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Articles 1 - 30 of 74
Full-Text Articles in Entire DC Network
The Contraception Mandate, Caroline Mala Corbin
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
Northwestern Journal of Law & Social Policy
This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
Northwestern Journal of Human Rights
No abstract provided.
Literary Property And Copyright, Alina Ng
Literary Property And Copyright, Alina Ng
Northwestern Journal of Technology and Intellectual Property
Copyright laws emerged out of necessity when the earliest printing presses were introduced into the book trade. After the Statute of Anne codified an assortment of censorship, licensing, and trade-control rules to produce the world’s first copyright statute in 1710,1 it soon became clear in the United Kingdom and in the United States that all rights in creative works were provided by statute.2 Copyright laws have steadily expanded since the Statute of Anne to protect owners of creative works. In the past decade, attacks on these expansions by left-leaning critics have become visceral and intense. As copyright owners assert absolute …
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
Northwestern Journal of Human Rights
No abstract provided.
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Northwestern Journal of Human Rights
No abstract provided.
National Discretion And International Deference In The Restriction Of Human Rights: A Comparison Between The Jurisprudence Of The European And The Inter-American Court Of Human Rights, Pablo Contreras
Northwestern Journal of Human Rights
No abstract provided.
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Northwestern Journal of Human Rights
No abstract provided.
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
NULR Online
No abstract provided.
Justifying Diversity In The Federal Judiciary, Carl Tobias
Justifying Diversity In The Federal Judiciary, Carl Tobias
NULR Online
No abstract provided.
Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles
Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles
Northwestern Journal of Law & Social Policy
This Article is the first to analyze comprehensively the relationship between the continuing offense doctrine and criminal statutes of limitations. The continuing offense doctrine is a powerful tool for prosecutors who face statute of limitations challenges. It functions to delay the running of statutes of limitations for certain crimes by postponing the completion of those crimes. In order to trigger the operation of the doctrine, a court must conclude that a particular crime is a “continuing offense” for statute of limitations purposes. Identifying what crimes are continuing offenses has been a problematic exercise for federal courts, leading to a growing …
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Northwestern Journal of Law & Social Policy
On the twenty-fifth anniversary of the United States Supreme Court’s decision in Turner v. Safley, this Article examines how federal courts across the country are applying the Turner standard today in cases involving the First Amendment free speech rights of inmates. Are courts too quick today to support the censorial proclivities of prison officials? Do judges too readily capitulate in deference to the concerns of those tasked with overseeing the incarcerated? Those are the key questions this Article addresses by analyzing inmate access to magazines, movies, books, and other common forms of media artifacts. This Article’s determinations stem from …
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Northwestern Journal of Law & Social Policy
The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
Check-In, Attendees Of The Symposium
Check-In, Attendees Of The Symposium
NJTIP Annual Symposium
Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium
The Bin Laden Exception, Erik Luna
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
NULR Online
No abstract provided.
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon W. Penney
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon W. Penney
Northwestern Journal of Technology and Intellectual Property
Freedom, liberty, and autonomy were the initial ideals heralded by cyberspace’s first generation of thinkers, writers and citizens, by those who helped forge the Internet and the early technological and intellectual foundations of “cyberspace.” These ideas were, says Lawrence Lessig, the “founding values of the Net” and inspired an entire generation of scholarship focused on preserving the free and libertarian nature of the Internet’s culture and architecture. But what has anyone to say about equality? Few, if any, scholars today focus on equality as a similar Internet “founding value” that ought to be preserved—if it indeed ever existed—or promote it …
Fantasyscotus: Crowdsourcing A Prediction Market For The Supreme Court, Josh Blackman, Adam Aft, Corey Carpenter
Fantasyscotus: Crowdsourcing A Prediction Market For The Supreme Court, Josh Blackman, Adam Aft, Corey Carpenter
Northwestern Journal of Technology and Intellectual Property
Every year the Supreme Court of the United States captivates the minds and curiosity of millions of Americans—yet the inner-workings of the Court are not fully transparent. The Court, without explanation, decides only the cases it wishes. They deliberate and assign authorship in private. The Justices hear oral arguments, and without notice, issue an opinion months later. They sometimes offer enigmatic clues during oral arguments through their questions. Between arguments and the day the Court issues an opinion, the outcome of a case is essentially a mystery. Sometimes the outcome falls along predictable lines; other times the outcome is a …
Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality (C U L8r: G2g 2 Jail), Dawn C. Nunziato
Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality (C U L8r: G2g 2 Jail), Dawn C. Nunziato
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Rethinking The Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures, Miriam Bitton
Rethinking The Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures, Miriam Bitton
Journal of Criminal Law and Criminology
No abstract provided.
The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne
The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne
Journal of Criminal Law and Criminology
No abstract provided.
Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson
Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson
Journal of Criminal Law and Criminology
No abstract provided.
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan
Journal of Criminal Law and Criminology
No abstract provided.
Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria
Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria
Journal of Criminal Law and Criminology
No abstract provided.
Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.
Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.
Journal of Criminal Law and Criminology
No abstract provided.
Prosecution In 3-D, Kay L. Levine, Ronald F. Wright
Prosecution In 3-D, Kay L. Levine, Ronald F. Wright
Journal of Criminal Law and Criminology
No abstract provided.
Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet
Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet
Faculty Working Papers
This essay tells the story of Shields Green and John Copeland, two black men who joined John Brown's raid on Harper's Ferry. Along with Brown and several others, Green and Copeland were taken prisoner in the aftermath of the failed insurrection, and they were brought to trial in nearby Charlestown on charges of murder and treason. Unlike Brown, who was treated respectfully by his captors, Green and Copeland were handled roughly. Copeland in particular was subjected to a harsh interrogation that was criticized even by pro-slavery Democrats in the North. The black prisoners did, however, have the benefit of a …
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
Ideals Without Illusions: Corruption And The Future Of A Democratic North Africa, Juliet Sorensen
Ideals Without Illusions: Corruption And The Future Of A Democratic North Africa, Juliet Sorensen
Northwestern Journal of Human Rights
In the Arab Spring of 2011, corruption was high on the list of grievances presented by protesters, and rightfully so: countries in the Middle East and North Africa region have been dogged by corruption for years. Concerns about the quality of governance, including the protection of rights, the rule of law and corruption have long been voiced in tandem with calls for democracy. While the absence of corruption alone does not engender democracy, true democracy cannot exist where corruption thrives. This article analyzes the progress that three countries affected by the Arab SpringEgypt, Tunisia, and Moroccohave made toward democracy over …