Digital Commons Network^™

One Department's View Of America's 9/11 Ride, Rick Parfitt

Rick Parfitt

No abstract provided.

The Georgia Justice Project, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

When Laws Backfire: Unintended Consequences Of Public Policy, Roger Roots

Roger Roots

Why is it that so many laws perpetually fall short of their intended goals? Why haven’t humanity’s greatest minds managed to solve basic social ills? This article amasses considerable evidence suggesting that (a) law is inherently incapable of producing major social change because legal restrictions unsettle social equilibria and generate counteractions and (b) the subconscious purpose behind many laws is the promotion of social solidarity for its own sake. The author concludes that laws and the politics that forge them are essentially religious practices that have little basis in rational analysis. Thus can be explained both the perpetual failure of …

Behavior Analysis And The Patrol Officer, Rick Parfitt

Rick Parfitt

No abstract provided.

Juvinile Justice System, Pankaj Singh

Pankaj Singh

The term juvenile delinquency is very often used in common man’s vocabulary. The dictionary meaning of ‘juvenile’ is a ‘young person’ or a child and of ‘delinquency’ is failure in or ‘omission of duty’ or ‘fault’ or crime. Juvenile delinquency indicates any failure in or omission of duty or fault or crime on the apart of a child. Likewise delinquent according to dictionary means an individual who fails or leaves his duty or a transgressor. So it refers to a offender or a transgressor who is a child. That is to say that by juvenile delinquency, one should bear in …

The Supreme Court, Foreign Law And Constitutional Governance, Lawrence J. Connell

Lawrence J. Connell

No abstract provided.

The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper

André Nollkaemper

No abstract provided.

The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …

Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Margo Schlanger, Anne Morrison Piehl

Margo Schlanger

No abstract provided.

Understanding Prc Criminal Justice Process: Anatomy Of The “Big Spender” Case, Kam C. Wong

Kam C. Wong

On October 20, 1998 Cheung Tse-keung, also known as the “Big Spender,” and 35 others accomplices went on trial in China for a host of criminal charges, ranging from murder to kidnapping to smuggling of explosives committed in Hong Kong and China from 1991 to 1997. The “Big Spender” case made legal history in Hong Kong and China. It is the first time a Hong Kong legal resident (Cheung Tse-keung) was prosecuted, tried and executed in China under the PRC Criminal Law for criminal conduct largely perpetrated in Hong Kong. As such, it tests for the first time the criminal …

Fighting Cross-Border Crimes Between China And Hong Kong, Kam C. Wong

Kam C. Wong

This article is a first attempt to investigate into HKP and PSB cooperative practices in dealing with cross-border crimes penetrating the two jurisdictions, in the backdrop of “one country two systems” political settlement, provided for under the Basic Law oh Hong Kong. It is hoped that findings from this investigation can be used to inform upon future discussion and facilitate prospective handling of cross-border crimes and criminals.

This article is organized into six parts. After this brief introduction, Part II: “The nature and extent of cross-border crime problem in China” informs upon the nature and extent of cross-border crimes in …

Confucianization Of Qing Law Ii, Kam C. Wong

Kam C. Wong

In traditional China, the Confucians proposed to govern people with li (rites) and by means of ren (benevolence). The legalists wanted to govern the people with fa (law) and with the use of xing (punishment). Confucianization of the law integrated these two schools of contending philosophical thoughts, i.e., Confucian (“ru jia”) vs. legalist (“fa jia”), in search of a better way to govern China. Confucianization of the law in merging these two schools of thought proposed that: firstly, law should adopt Confucian ethical values and principles, and, secondly, Confucian ethical rules should be enforced by law. Though the Confucianization of …

Taking Conservatives Seriously: A Moral Justification For Affirmative Action And Reparations, Kim Forde-Mazrui

Kim Forde-Mazrui

Underlying the debate over affirmative action and reparations for black Americans is a dispute about the extent to which American society is responsible for present effects of past racial discrimination. Although much has been written on the subject, the scholarship too often sheds more heat than light, and tends to be dominated by extreme positions incapable of taking opposing claims seriously. This Article weighs in on this debate in a novel and constructive manner. The Article defends a societal obligation to remedy past discrimination by accepting, rather than dismissing, principles of conservatives who oppose affirmative action and reparations. Taking conservatives …

"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson

John L Anderson

No abstract provided.

The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman

Deborah M. Weissman

This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …

Vergelding: Een Kernbegrip Van Het Strafrecht ?’, [Retribution: A Fundamental Concept Of Criminal Law ?], Serge Gutwirth, Paul De Hert

Serge Gutwirth

Waarom zou vergelding evident zijn als grondslag voor het strafrecht ?

Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma

Saumya Uma

This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.