Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (8)
- Criminal Law (5)
- Military, War, and Peace (3)
- Human Rights Law (2)
- International Law (2)
-
- Legislation (2)
- Social and Behavioral Sciences (2)
- Transnational Law (2)
- Comparative and Foreign Law (1)
- Courts (1)
- Criminal Procedure (1)
- Criminology and Criminal Justice (1)
- Education (1)
- Fourth Amendment (1)
- International Humanitarian Law (1)
- International and Area Studies (1)
- Law Enforcement and Corrections (1)
- Legal Studies (1)
- National Security Law (1)
- Organizations Law (1)
- Other Law (1)
- Rule of Law (1)
- Social Control, Law, Crime, and Deviance (1)
- Sociology (1)
- Soviet and Post-Soviet Studies (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Why Arrest?, Rachel A. Harmon
Why Arrest?, Rachel A. Harmon
Michigan Law Review
Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as …
Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco
Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco
Michigan Law Review
Federal prosecutors routinely charge public officials with “extortion under color of official right” under a public-corruption statute called the Hobbs Act. To be prosecuted under the Hobbs Act, a public official must promise official action in return for a bribe or kickback. The public official, however, does not need to have actual authority over that official action. As long as the victim reasonably believed that the public official could deliver or influence government action, the public official violated the Hobbs Act. Private citizens also solicit bribes in return for influencing official action. Yet most courts do not think the Hobbs …
How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley
How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley
Articles
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Last spring, the Court made this rule retroactive in Welch v. United States. Then in June, the Court granted certiorari in Beckles v. United States to resolve two questions that have split lower courts in the wake of Johnson and Welch: (1) whether an identically worded “residual clause” in a U.S. Sentencing Guideline—known as the career offender Guideline—is unconstitutionally void for vagueness; and (2) if so, whether the rule invalidating the Guideline’s residual …
A Study Of Old Dominion Student Opinions On Crimes Committed With Firearms By Convicted Felons, William Domebnick Euefueno
A Study Of Old Dominion Student Opinions On Crimes Committed With Firearms By Convicted Felons, William Domebnick Euefueno
OTS Master's Level Projects & Papers
The problem of this study was to determine college student’s opinions regarding crimes committed by convicted felons with the use of firearms. This study was undertaken to determine if students support more aggressive legislation regarding the purchasing of firearms, specifically targeting convicted felons, to further prevent them obtaining weapons.
In identifying the methods to be used to obtain data for the study, the researcher reviewed the current laws pertaining to owning and possessing firearms, as well as national gun violence statistics for the past decade. This was broken down further by looking at criminal activity, and gun violence reported from …
The Problem Of Purpose In International Criminal Law, Patrick J. Keenan
The Problem Of Purpose In International Criminal Law, Patrick J. Keenan
Michigan Journal of International Law
Keenan addresses the problem of purposes in this Article, with two principal objectives. The first is to sort through the competing theories to identify the core purposes of international criminal law. The second is to show how those purposes are or can be put into effect in actual cases. These questions are important because the purposes for which the law is deployed significantly influence how it is deployed. Prosecutors bring different kinds of cases and argue different theories based at least in part on what they hope to achieve. For example, in the domestic context, prosecutors might choose to prioritize …
Human Trafficking In Southeast Asia: Uncovering The Dynamics Of State Commitment And Compliance, Catherine Renshaw
Human Trafficking In Southeast Asia: Uncovering The Dynamics Of State Commitment And Compliance, Catherine Renshaw
Michigan Journal of International Law
In Part I of this Article, Renshaw explains some of the current theories about how and why states come to adopt human rights norms and then translates these norms into laws and policies. In Part II, she sets out the contours of the TVPA and the global regime with which it coexists, the United Nations Palermo Protocol. Part III considers how ASEAN States have responded to the global anti-trafficking regime. Part IV explores how ASEAN states perceive the issue of human trafficking. Part V describes how ASEAN states have responded to the threat of sanctions under the TVPA. Part VI …
Introduction, David Akerson, Nandish Wuetilleke
Introduction, David Akerson, Nandish Wuetilleke
Denver Journal of International Law & Policy
No abstract provided.
Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma, C. Elizabeth Bundy
Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma, C. Elizabeth Bundy
Michigan Journal of International Law
Part I of this Note will analyze the current framework governing hostage situations to determine the permissibility of ransom payments under international law. Part II will examine the two dominant positions that have developed among states and identify the justifications and shortcomings of each. Part III will conclude, firstly, that for states to develop a multilateral approach to hostage situations, they must take the lead within their respective domestic spheres and, secondly, that the option to negotiate for ransomed release should be preserved as an essential tool for confronting terrorist organizations.
State-Enabled Crimes, Rebecca Hamilton
State-Enabled Crimes, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …