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Full-Text Articles in Law

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian Jan 2005

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …


Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell Jan 2005

Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell

Liz Campbell

Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. This article seeks to establish whether the purported benefits of the pre-trial police diversion programme in Ireland outweigh any infringements on the rights of the child. Firstly, the salient legislative provisions are briefly elucidated, and then the application of the Programme to date is examined. Next, the issue of whether traditional due process rights are relevant or necessary in the context of the Garda diversion programme …


Big Government And Its Wars On Crime: Crime Control As A Method Of Government Expansionism, Paul R. Rickert Jan 2005

Big Government And Its Wars On Crime: Crime Control As A Method Of Government Expansionism, Paul R. Rickert

Paul R Rickert

The federal government has expanded to meet perceived social needs and as issues come to the forefront that Washington elites believe they can fix. Consequently, they expand the power and role of the government. One way this is done is through progressive criminalization of once held freedoms. Consider the first drug laws, consider the war on poverty, consider the tax code, the new war on drugs, and hate-crimes legislation. Although tax law is not criminal law per-se, in the end, choosing not to pay taxes results in prosecution. Laws and regulations ultimately must have “teeth” for it to be effective. …