Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Rule of law (26)
- Law (25)
- Rhode Island (24)
- Decriminalized prostitution (21)
- Prostitution (16)
-
- Rule of Law (16)
- Law and Society (13)
- Sex trafficking (12)
- Legislation (11)
- Human trafficking (10)
- Jurisprudence (10)
- Democracy (9)
- Human rights (9)
- Constitutional Law (8)
- Constitutionalism (8)
- Judges (7)
- Natural law (7)
- Public Law and Legal Theory (7)
- Constitutional law (6)
- International Law (6)
- Politics (6)
- Violence (6)
- Courts (5)
- Economic development (5)
- Human Rights Law (5)
- Judicial reform (5)
- Legal education (5)
- Legal positivism (5)
- Legal theory (5)
- Slavery (5)
- Publication Year
- Publication
-
- Donna M. Hughes (35)
- David Barnhizer (12)
- Donald J. Kochan (12)
- Noel B Reynolds (11)
- Thomas A Faunce (9)
-
- Jocelyn Stacey (3)
- Michele Carducci Prof. (3)
- Amit Chhabra (2)
- Brian D Anderson (2)
- Christopher J. Walker (2)
- Daniel Kanstroom (2)
- Douglas Antônio Rocha Pinheiro (2)
- Erin Ryan (2)
- J.Benton Heath (2)
- Jack Tsen-Ta LEE (2)
- Jamie Cameron (2)
- Joseph Isanga (2)
- Keith J. Bybee (2)
- Mary Ellen O'Connell (2)
- Padideh Ala'i (2)
- Randy J Kozel (2)
- Shubhankar Dam (2)
- Siyuan CHEN (2)
- The Hon Justice Matthew Palmer (2)
- Timur R. Korotkiy (2)
- Abdullahi Saliu Ishola (1)
- Adam I. Muchmore (1)
- Adonis E. Hoffman Esq. (1)
- Amartya Shrivastava (1)
- Amy C. Gaudion (1)
Articles 1 - 30 of 194
Full-Text Articles in Law
The Effectiveness Of Measures To Increase Appellate Court Efficiency And Decision Output, Thomas B. Marvell, Carlisle E. Moody
The Effectiveness Of Measures To Increase Appellate Court Efficiency And Decision Output, Thomas B. Marvell, Carlisle E. Moody
Carlisle Moody
This Article will examine the effectiveness of measures commonly employed to increase appellate court productivity. Part I of the Article sets forth some common design problems and explains how the research technique employed in the present study avoids these problems by using a multiple time-series research design. Part II applies this design to state court data. Part II also describes the dependent variable, the number of appeals decided per judge, used in the regression analysis. Part III discusses the results of that analysis-the impact of each change listed above on judicial productivity. The Article, although not advocating the adoption of …
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Dermot M Groome
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Amy C. Gaudion
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey
The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey
Jocelyn Stacey
This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: they reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework …
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
Jocelyn Stacey
This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
Preventive Justice, The Precautionary Principle And The Rule Of Law, Jocelyn Stacey
Preventive Justice, The Precautionary Principle And The Rule Of Law, Jocelyn Stacey
Jocelyn Stacey
Despite its largely preventive orientation, environmental law has, with one exception, remained distinct from the burgeoning field of preventive justice. The exception is the precautionary principle, which has become a subject of interest and frequent skepticism amongst preventive justice scholars. The precautionary principle is a central principle in environmental law. Its centrality arises from the pervasiveness of scientific uncertainty in environmental regulation; that is, our inability to reliably predict the consequences of our policy choices on environmental and human health. The precautionary principle squarely addresses the question of how we ought to proceed in the face of unavoidable uncertainty. This …
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Donald J. Kochan
The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo Garcia Sanchez
The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo Garcia Sanchez
Guillermo J. Garcia Sanchez
“Collusion” And The Criminal Law, Robert M. Sanger
“Collusion” And The Criminal Law, Robert M. Sanger
Robert M. Sanger
The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga
The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga
Joseph Isanga
African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as …
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
Joseph Isanga
Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such conditions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such conflicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ambivalent character …
Formal And Informal Amendment Of The United States Constitution, Richard S. Kay
Formal And Informal Amendment Of The United States Constitution, Richard S. Kay
Richard Kay
On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen
On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen
Matthew Steilen
This essay explores a constitutional account of the elevation of the judiciary in American states following the Revolution. The core of the account is a connection between two fundamental concepts in Anglo-American constitutional thinking, discretion and a government of laws. In the periods examined here, arbitrary discretion tended to be associated with alien power and heteronomy, while bounded discretion was associated with self-rule. The formal, solemn, forensic, and public character of proceedings in courts of law suggested to some that judge-made law (a product of judicial discretion under these proceedings) did not express simply the will of the judge or …
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Mutua
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Mutua
Makau Mutua
The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.
Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin
Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin
Cynthia A. Williams
In this article we examine the rapid emergence and expansion of a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce, especially in developing countries where rule of law is weak and court systems are absent or inadequate. This infrastructure is provided by a proliferation of performance codes and standards, and a rapidly-growing global army of privately-trained and authorized inspectors and certifiers that we call the "third-party assurance industry." The growth in the third party assurance business has been phenomenal in the last decade. The business …
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen
The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen
Siyuan CHEN
The exercise of prosecutorial discretion is a unique executive act that continues to be very well-protected from public scrutiny in many jurisdictions throughout the world. In this article, I attempt to survey virtually the entire body of case law on the limits of prosecutorial discretion in Singapore. Probably because prosecutorial discretion is protected by the Constitution, it took a while for the Singapore courts to retreat from its initial characterisation of the discretion as absolute and outside the scope of any form of review. Against a wider backdrop of increasing rights-consciousness (especially within the courts) and the public demand for …
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Donna M. Hughes
New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.
New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.
Donna M. Hughes
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner
Limits To The Independent Anti-Corruption Commission Model Of Corruption Reform: Lessons From Indonesia, Leslie Gielow Jacobs, Benjamin B. Wagner
Leslie Gielow Jacobs
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
Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq
Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq
Donna M. Hughes
Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr.
Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Stephen E Henderson
Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.
Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.
Donna M. Hughes
Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), Ann Lousin
Ann M. Lousin
No abstract provided.
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
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Stare Decisis As Judicial Doctrine, Randy J. Kozel
Randy J Kozel
Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.
This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable factors …