Law Commons^™

A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein

All Faculty Scholarship

Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …

Exploitation Or Fun?: The Lived Experience Of Teenage Employment In Suburban America, Yasemin Besen-Cassino

Department of Sociology Faculty Scholarship and Creative Works

Objectivist scholars characterize typical teenage jobs as “exploitive”: highly routinized service sector jobs with low pay, no benefits, minimum skill requirements, and little time off. This view assumes exploitive characteristics are inherent in the jobs, ignoring the lived experience of the teenage workers. This article focuses on the lived work experience of particularly affluent, suburban teenagers who work in these jobs and explores the meaning they create during their everyday work experience. Based on a large ethnographic study conducted with the teenage workers at a national coffee franchise, this article unravels the ways in which objectivist views of these “bad …

Expert On Sex Trafficking Contributes To Passage Of Historic New Law

Donna M. Hughes

No abstract provided.

Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell

Liz Campbell

This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB’s ability to pursue …

The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell

Liz Campbell

The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated …

Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell

Liz Campbell

Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …

Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal

Jenneke Christiaens

No abstract provided.

Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas

Jenneke Christiaens

No abstract provided.

Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Restorative Processes & Doing Justice, Paul H. Robinson

All Faculty Scholarship

This essay argues that, while many restorative processes are quite valuable, there is the potential for their use to produce results that conflict with the community's shared intuitions of justice and to thereby undermine the criminal law's moral credibility. Because such moral credibility can have practical crime-control value, it ought not be undermined unless the crime-control benefits of doing so clearly outweigh the costs. In practice, it is entirely possible to rely upon restorative processes in ways that avoid injustice and that assure justice is done.

Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi

All Faculty Scholarship

No abstract provided.

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim