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Articles 1 - 8 of 8
Full-Text Articles in Law
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat
Notre Dame Law Review
After twenty years of operation, we know that the International Criminal Court (ICC) works in practice. But does it work in theory? A debate rages regarding the proper conceptualization of the Court’s jurisdiction. Some have argued that the ICC’s jurisdiction is little more than a delegation by states of a subset of their own criminal jurisdiction. They contend that when states ratify the Rome Statute, they transfer some of their own prescriptive or adjudicative criminal jurisdiction to the Court, meaning that the Court cannot do more than the state itself could have done. Moreover, they argue that these constraints are …
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Marquette Benefits and Social Welfare Law Review
The decision of the U.S. Supreme Court in the case of Bostock v. Clayton County that sexual orientation is included in the concept of “sex” in the non-discrimination provisions of the Civil Rights Act of 1964 is historically indefensible. The Civil Rights Act was initiated by President John F. Kennedy to combat racial discrimination in the workplace and the word “sex” was included in the Act by a “claque of Southern Congressmen” as part of a filibuster attempt to prevent its enactment. It was accepted by proponents of the Act on the instructions of President Johnson merely to avoid the …
The Trouble With Time Served, Kimberly Ferzan
The Trouble With Time Served, Kimberly Ferzan
All Faculty Scholarship
Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …
Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud
Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud
Faculty Articles
This Essay examines the emergence and application of the “ultimate source” test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.
Martyrdom And Criminal Defense, Abbe Smith
Martyrdom And Criminal Defense, Abbe Smith
Georgetown Law Faculty Publications and Other Works
According to research on the emotional well-being of lawyers, public defenders may be among the happiest. This comports with my own anecdotal experience as a teacher and mentor of law students and post-graduate fellows interested in criminal defense, many of whom are now career defenders. They may be deeply frustrated by the system in which they work, but they are happy to do what they can to make a difference for their clients. They also adore their defender colleagues. My former students and fellows in large law firms don’t seem quite as happy.
Notwithstanding the data, there seems to be …
Kahler V. Kansas: How The Current Insanity Defense Regime Underserves Postpartum Psychosis Defendants, How The Supreme Court Failed To Act, And How Now Is The Perfect Time To Implement A Gender-Specific Postpartum Defense, Victoria Frazier
St. Mary's Law Journal
No abstract provided.
Holding Enablers Of Child Sexual Abuse Accountable: The Case Of Jeremy Bell, Amos N. Guiora, Valeri Craigle, Aya Hibben, Henry F. Fradella
Holding Enablers Of Child Sexual Abuse Accountable: The Case Of Jeremy Bell, Amos N. Guiora, Valeri Craigle, Aya Hibben, Henry F. Fradella
Utah Law Faculty Scholarship
In the United States, 1 in every 5 women and 1 in every 13 men report being sexually abused as a child. Of the child sexual abuse that occurs during the K-12 years, much of it is aided and abetted by those in positions of authority who look the other way when abuse is known or suspected. This article uses the novel approach of holding not just the perpetrators of child sexual abuse accountable for these crimes, but also those who enable their criminal acts by failing to report suspicious behaviors or witnessed accounts of abuse. No case in more …
How Do Prosecutors "Send A Message"?, Steven Arrigg Koh
How Do Prosecutors "Send A Message"?, Steven Arrigg Koh
Faculty Scholarship
The recent indictments of former President Trump are stirring national debate about their effects on American society. Commentators speculate on the cases’ impact outside of the courtroom — on the 2024 election, on political polarization, and on the future of American democracy. Such cases originated in the prosecutor’s office, begging the question of if, when, and how prosecutors should consider the societal effects of the cases they bring.
Indeed, prosecutors often publicly claim that they “send a message” when they indict a defendant. What, exactly, does this mean? Often, their assumption is that such messaging goes in one direction: indictment …