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2014

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Articles 4591 - 4620 of 4629

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Foster Youth & Social Support: The First Rct Of Independent Living Services, Johanna K.P. Greeson, Antonio R. Garcia, Minseop Kim, Mark E. Courtney Dec 2013

Foster Youth & Social Support: The First Rct Of Independent Living Services, Johanna K.P. Greeson, Antonio R. Garcia, Minseop Kim, Mark E. Courtney

Johanna K.P. Greeson, PhD, MSS, MLSP

Objective: Conduct secondary data analysis to evaluate the effectiveness of Massachusetts’ Adolescent Outreach Program for Youths in Intensive Foster Care (Outreach) for increasing social support (SS) among enrolled youth. Participants: 194 youth in intensive foster care under the guardianship of the Massachusetts Department of Children and Families with a goal of independent living (IL) or long-term substitute care, and born between August 1985 and December 1990 (67% female, 66% White, 27% Hispanic) participated in the study between September 2004 and March 2009. Method: We hypothesized that Outreach compared to services as usual (SAU; control group) would increase participants’ SS and …

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Nuremberg Lives On: How Justice Jackson's International Experience Continues To Shape Domestic Criminal Procedure, Brian Gallini Dec 2013

Nuremberg Lives On: How Justice Jackson's International Experience Continues To Shape Domestic Criminal Procedure, Brian Gallini

Brian Gallini

The end of Germany’s participation in World War II came with its formal surrender on May 8, 1945. After extensive debate over what would become of top Nazi leaders, twenty-two Nazi defendants were tried and nineteen were ultimately convicted after 216 days of trials held in Nuremberg spread across eleven months between November 1945 and 1946. Associate Supreme Court Justice Robert H. Jackson took a leave of absence from the Court to lead the trial’s prosecutorial effort.

Decades of scholarship have considered and evaluated the Nuremberg trials alongside Jackson’s role in them. But no article has evaluated how Justice Jackson’s …

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Drug Addiction And Public Policy: A Public Health Perspective, Peter A. Depergola Ii Dec 2013

Drug Addiction And Public Policy: A Public Health Perspective, Peter A. Depergola Ii

Peter A. DePergola II

No abstract provided.

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Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg Dec 2013

Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg

Thomas D. Lyon

No abstract provided.

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4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon Dec 2013

4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

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Foreword, The Future Of International Criminal Justice, Claudio M. Grossman Dec 2013

Foreword, The Future Of International Criminal Justice, Claudio M. Grossman

Claudio M. Grossman

International criminal law attempts to sanction crimes that have a global nature and impact. After World War II, the international community came together to begin addressing important international issues, including preventing future war and non-war related atrocities and crimes. From the International Military Tribunals established in the wake of World War II to the world's first permanent International Criminal Court (ICC), a number of international bodies, treaties, and statutes have been formed in an effort to effectively administer criminal justice on an international level. Yet the administration and application of international criminal justice has faced significant hurdles and there are …

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State Constitutions And The Basic Structure Doctrine, Manoj Mate Dec 2013

State Constitutions And The Basic Structure Doctrine, Manoj Mate

Manoj S. Mate

cross the United States, voters in many states have enacted initiative constitutional amendments that abrogate protections for equality and fundamental rights. In most cases, state supreme courts have upheld the validity of these amendments, undermining protections for fundamental rights at the state level. This Article proposes a novel solution to this problem: it argues for the application of the basic structure doctrine in the review of constitutional amendments by state supreme courts. Under this doctrine, the Supreme Court of India (like constitutional courts in other nations) asserted the power to invalidate amendments that abrogate "basic features" of the Indian Constitution …

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Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio M. Grossman Dec 2013

Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio M. Grossman

Claudio M. Grossman

 Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …

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Mercy In Immigration Law, Allison B. Tirres Dec 2013

Mercy In Immigration Law, Allison B. Tirres

Allison Tirres

What role should mercy play in immigration law? This essay draws on the robust debate in the criminal law about the role of mercy in the hopes of starting a conversation among immigration law scholars and practitioners. Mercy skeptics argue that mercy contravenes justice, while advocates argue that mercy is a necessary countermeasure to the unrelenting harshness of criminal law today. I argue that the problems of mercy in the criminal law are amplified in the immigration law context. The lack of procedural and substantive protections for immigrants, the acceptance of unfettered discretion and lack of oversight of agency action, …

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Ohana Ho‘Opakele: The Politics Of Place In Corrective Environments, Marilyn Brown, Sarah Marusek Dec 2013

Ohana Ho‘Opakele: The Politics Of Place In Corrective Environments, Marilyn Brown, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

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Modeling Minority Stress Effects On Homelessness And Health Disparities Among Young Men Who Have Sex With Men, Douglas Bruce Dec 2013

Modeling Minority Stress Effects On Homelessness And Health Disparities Among Young Men Who Have Sex With Men, Douglas Bruce

Douglas Bruce

No abstract provided.

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The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan Dec 2013

The Dispute Tree And The Legal Forest, Catherine R. Albiston, Lauren B. Edelman, Joy Milligan

Joy Milligan

No abstract provided.

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The International Rule Of Law In A Human Rights Era, Evgenia Pavlovskaia Dec 2013

The International Rule Of Law In A Human Rights Era, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The Brandeis Institute for International Judges (BIIJ) has established itself as a significant and world-renowned program that promotes the role of judges working in the domain of international law and justice. Organized by the International Center for Ethics, Justice and Public Life of Brandeis University, the BIIJ provides a venue for judges from international and regional courts to discuss important issues relating to the administration of justice across their varied jurisdictions.

In 2013, the BIIJ was organized, for the first time in its 12-year history, in partnership with outside academic bodies working in the same field. The institute was held …

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Collateral Compliance, Joshua D. Blank Dec 2013

Collateral Compliance, Joshua D. Blank

Joshua D. Blank

As most of us are aware, the failure to comply with the tax law can lead to tax penalties, which almost always take the form of monetary sanctions. But tax noncompliance has other consequences as well. Collateral sanctions for tax noncompliance — which apply on top of traditional tax penalties and revoke or deny government-provided benefits — increasingly apply to individuals who have failed to obey the tax law. They range from denial of hunting permits to suspension of driver’s licenses to revocation of passports. Further, as the recent Supreme Court case Kawashima v. Holder demonstrates, some individuals who are …

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Sexual And Reproductive Health Needs And Access To Health Services For Adolescents Under 18 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner Esq. Dec 2013

Sexual And Reproductive Health Needs And Access To Health Services For Adolescents Under 18 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner Esq.

Brendan M. Conner

This paper addresses the sexual and reproductive health (SRH)—including HIV prevention, care and treatmenta — and other health service needs of adolescents aged 10 – 17 engaged in selling sex in the Asia Pacific region. While the United Nations defines adolescents as 10 – 19, we purposefully focus on ages 10 – 17 due to the unique legal and policy implications faced by this age group as compared to older cohorts. In regards to terminology, the term “engaged in selling sex” is used for its inclusive and non-stigmatising connotations as well as the benefit of a behavioural description to tailoring …

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Dronefare The Normality Of Governance And State Crime, Jeffrey Ian Ross Ph.D., Dawn L. Rothe Ph.D. Dec 2013

Dronefare The Normality Of Governance And State Crime, Jeffrey Ian Ross Ph.D., Dawn L. Rothe Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Developing Convict Criminology Beyond North America, Jeffrey Ian Ross Ph.D., Sacha Darke, Andy Aresti, Greg Newbold, Rod Earle Dec 2013

Developing Convict Criminology Beyond North America, Jeffrey Ian Ross Ph.D., Sacha Darke, Andy Aresti, Greg Newbold, Rod Earle

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Controlling State Crime And The Possibility Of Creating More Victims, Jeffrey Ian Ross Ph.D., Peter Grabosky Dec 2013

Controlling State Crime And The Possibility Of Creating More Victims, Jeffrey Ian Ross Ph.D., Peter Grabosky

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Misidentified And Misunderstood: Extremists And Extremist Groups Incarcerated In U.S. Correctional Facilities, Jeffrey Ian Ross Ph.D. Dec 2013

Misidentified And Misunderstood: Extremists And Extremist Groups Incarcerated In U.S. Correctional Facilities, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

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"I'Ve Got Better Things To Worry About" Police Perceptions Of Graffiti And Street Art In A Large Mid-Atlantic City, Jeffrey Ian Ross Ph.D. Dec 2013

"I'Ve Got Better Things To Worry About" Police Perceptions Of Graffiti And Street Art In A Large Mid-Atlantic City, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

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Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins Dec 2013

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins

Ira P. Robbins

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …

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Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins Dec 2013

Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins

Ira P. Robbins

Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …

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The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins Dec 2013

The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins

Ira P. Robbins

"Not guilty" these two simple words elicit intense relieffrom any defendant at the conclusion qf a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non- indigent defendants, financially. Where do defendants who have successfully defended themselves against criminal prosecution turn for assistance in paying the debts incurred in securing their freedom? 

Some states, as well as the federal government, have implemented laws that allow acquitted defendants to seek public reimbursement of certain legal expenses they incurred in their defense. These reimbursement methods …

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Race And Crime In Canada And The Usa, Sharlette A. Kellum Dec 2013

Race And Crime In Canada And The Usa, Sharlette A. Kellum

Dr. Sharlette A. Kellum-Gilbert

The author of this article is black. Who cares? Apparently, millions do. What would happen if the use of racial adjectives becomes extinct? How would it affect the criminal justice statistical classification system? How would the auditors of racial crime statistics categorize their arguments? Racial categories are outdated and a cause for continuous segregation. Many segments of society suffer, because of the persistent, “us vs. we” mind-numbing statistical jargon. Some use racial classifications to heighten their arguments for racial disparities, while others use them to tear down an entire group of people. The word “race” causes some to feel as …

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Losing It In Hawai‘I: Weight Watchers And The Paradoxical Nature Of Weight Gain And Loss (With Kathryn Besio), Kathryn Besio, Sarah Marusek Dec 2013

Losing It In Hawai‘I: Weight Watchers And The Paradoxical Nature Of Weight Gain And Loss (With Kathryn Besio), Kathryn Besio, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

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A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen E. Henderson Dec 2013

A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen E. Henderson

Stephen E Henderson

This brief memorial remembers Andy's incredible friendship and service, and explains why this Symposium volume is so appropriately dedicated to his memory.

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Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson Dec 2013

Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson

Stephen E Henderson

"Secrets are lies. Sharing is caring. Privacy is theft." So concludes the main character in Dave Egger’s novel The Circle, in which a single company that unites Google, Facebook, and Twitter – and on steroids – has the ambition not only to know, but also to share, all of the world's information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented …

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Reforming The Grand Jury To Protect Privacy In Third Party Records, Stephen E. Henderson, Andrew E. Taslitz Dec 2013

Reforming The Grand Jury To Protect Privacy In Third Party Records, Stephen E. Henderson, Andrew E. Taslitz

Stephen E Henderson

In late 2014, two grand juries returned controversial no bill decisions in police killings, one in Ferguson, Missouri, and one in New York City. These outcomes have renewed calls for grand jury reform, and whatever one thinks of these particular processes and outcomes, such reform is long overdue. One logical source of reform to better respect privacy in records, which would have incidental benefits beyond this privacy focus, would be the newly enacted American Bar Association Standards for Criminal Justice on Law Enforcement Access to Third Party Records (LEATPR).

But LEATPR exempts from its requirements access to records via a …

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Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang Dec 2013

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang

Janie A Chuang

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.

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Juvenile Serious Crime In Nazi Germany, Robert G. Waite Dec 2013

Juvenile Serious Crime In Nazi Germany, Robert G. Waite

Robert G. Waite

a study of the problem of serious and violent teenage crime in Nazi Germany, the incidence and how the regime responded

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