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Full-Text Articles in Law
Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone
Is There Really A Difference Between Justification And Excuse Or Did We Academics Make It Up?, Linda A. Malone
Linda A. Malone
No abstract provided.
Behavioral Genetics And Crime, In Context, Owen D. Jones
Behavioral Genetics And Crime, In Context, Owen D. Jones
Owen Jones
This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime.
It provides, among other things, an overview of the emerging points of consensus, scientifically, on what behavioral genetics can and cannot tell us about criminal behavior. It also discusses a variety of important implications (as well as complexities) of attempting to use insights of behavioral genetics in legal contexts.
Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky
Legal Burdens Of Proof Under U.S. Law, Tsion Chudnovsky
Tsion Chudnovsky, JD
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
Donna M. Hughes
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Donna M. Hughes
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
Bartram Brown
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Donna M. Hughes
Ri Should Target Sex Buyers, Donna M. Hughes Dr.
Ri Should Target Sex Buyers, Donna M. Hughes Dr.
Donna M. Hughes
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Danielle Ireland-Piper
Nations states are demonstrating an increased willingness to assert jurisdiction over conduct occurring extraterritorially. This paper considers why that may be the case, and seeks to examine the extent to which assertions of extraterritorial criminal jurisdiction are consistent with the rule of law. Case studies of assertions of extraterritorial jurisdiction are presented and analysed using five principles as benchmarks. To that end, the rule of law is taken to refer to the following five principles: 1) The law must be both readily known and available, and certain and clear; 2) The law should be applied to all people equally, and …
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Danielle Ireland-Piper
Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Expunging America's Rap Sheet In The Information Age, Jenny Roberts
Jenny Roberts
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Judith L Ritter
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell
The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell
Dr. Edward E. Bell
Black males are in jail. Are "we" to blame? The New Jim Crow is alive.
Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman
Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman
Michelle Oberman
Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine
Samuel J. Levine
No abstract provided.
An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer
An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer
David Field
The general practice in courts throughout Australia is to accept without question the accuracy of what are popularly referred to as 'breathalysers', or breath analysis instruments as they are legally described. The possibility that they might be providing false readings is only considered if that possibility is raised as a matter of evidence by a motorist who has been breathalysed, and who now faces the prospect of legal sanctions as a result of what it is alleged was revealed by the breath analysis instrument. In this article, it is argued that the methodological and statistical bases for such an assumption …
Rethinking Immigration Detention, Anil Kalhan
Rethinking Immigration Detention, Anil Kalhan
Anil Kalhan
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …
Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.
Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
Keeping Incest In The Family, David Field
Keeping Incest In The Family, David Field
David Field
In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency …
The Citizens Were Heard, Donna M. Hughes Dr.
The Citizens Were Heard, Donna M. Hughes Dr.
Donna M. Hughes
Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.
Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.
Donna M. Hughes
Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.
Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.
Donna M. Hughes
Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.
Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.
Donna M. Hughes
Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.
Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.
Donna M. Hughes
Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.
Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.
Donna M. Hughes
The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.
The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.
Donna M. Hughes
Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.