Law Commons^™

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover Page

Journal of Vincentian Social Action

No abstract provided.

Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie

The Great Lakes Journal of Undergraduate History

Gang violence in El Salvador has resulted in conditions that have perpetuated an environment of terror and culture of violence. This paper aims to understand the emergence of transnational gangs in El Salvador and the US involvement in this process. The article is divided into the following subtitles; 1980s civil war and the repercussions of US involvement, Salvadorans migration to the US and reverse migration (with a focus on Los Angeles and San Salvador), and US exportation of heavy-handed policies to El Salvador’s institutionalized use of political violence. The paper concludes that US involvement in El Salvador created a foundation …

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.

Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

Book Review: The Killing Of Death: Denying The Genocide Against The Tutsis, Kee En Chong

Genocide Studies and Prevention: An International Journal

No abstract provided.

Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes

St. Mary's Journal on Legal Malpractice & Ethics

In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …

Dimensi Politik Dalam Polemik Vonis Mati, Fikri Disyacitta

Jurnal Politik

No abstract provided.

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …

Trade Union Trade-Offs: Unions, Voters, And The Rise Of Right-Wing Populism, Kim Gabbitas

Claremont-UC Undergraduate Research Conference on the European Union

Trade union membership in European Union member states has been in decline for decades, which has many concerned about the future of workers’ rights. While existing work examines the reasons for this decline, my research shifts the focus from union density to the functions unions serve and how these functions affect and are affected by changing electoral behavior. I examine the rise of right-wing populist movements in Europe and how these movements and the challenges today’s labor unions face can be traced to the same underlying forces. I argue that, as the relevance of trade unions declines for blue-collar workers, …

The Evolution Of The European Union's Asylum Policy Through The 2015 Migrant Crisis, Roshni J. Sopariwalla

Claremont-UC Undergraduate Research Conference on the European Union

Since 2015, an unexpected number of migrants have rushed to the European Union in hopes of improving their lives. Contrary to their expectations, asylum-seekers realized that the EU is neither prepared nor willing to host them. This paper follows the progression of the EU’s asylum policies, beginning with the 1951 Geneva Convention and the principle of non-refoulement. After establishing the criteria necessary for a migrant to be legally recognized as a refugee, the paper will look at how the EU evaluates individual applications for asylum. Through the lens of the 2015 Migrant Crisis, this paper highlights the shortcomings of the …

Toward A Non-Nuclear World: The Npt Regime – Nuclear Disarmament And The Challenge Of A Wmdfz In The Middle East, Sameh Aboul-Enein

International Journal of Nuclear Security

This paper aims to provide a comprehensive overview of various approaches for nuclear disarmament and nonproliferation with the intention of determining how best to promote a Weapons of Mass Destruction Free Zone in the Middle East (MEWMDFZ). Using a qualitative approach, I investigate historical cases of agreements regarding nonproliferation zones and examine the causes for deadlock through both a perusal of historic successes and failures and a review of relevant literature. Particular focus is given to the failure of the NPT Review Conference of 2015. Furthermore, I discuss the importance of role-play simulations and their indications of the need for …

Fss 2020: Pension Sector, Zarah Gadzama

Bullion

The Nigerian Pensioner over the years is seen to have been deprived of his/her benefits even after retirement. The inconsistency of payments, corruption and lack of data or payments to Ghost Pensioners was a major setback to the defined benefits pension scheme of the Federal Government. To curtail these challenges, the Federal Government commenced the reform of the sector through legislative reforms to create a robust Pension industry that can meet the needs of all pensioners. This Paper intends to review the Journey So for of the FSS2020 Pension Sector. The paper ls divided into five Sections; Section one deals …

Nigeria's Power Sector Roadmap: Policy Perspectives And Prospects, Bandele A. G. Amoo, O. M. Adebayo, Derek Ibeagha

Bullion

Various strategies have been employed over the years by the Government to boost power in the country. These strategies have been hinged on policies, reforms and roadmaps, including the 2005 Electric Power Sector Reform Act, the Roadmap for Power Sector Reform 2010 and the current Roadmap for Change. A perfunctory look at previous reforms has resulted in significant progress, including unbundling and privatizing the long-standing government-owned monopoly in the power sector. This paper takes a comprehensive assessment of the Roadmap of Change comparing it to previous policies, isolating policy perspectives, prospects and challenges facing it. It also gleans lessons from …

Transforming The Insurance Sector In Nigeriain Using The Fss 2020 Platform, Chris O. Muo

Bullion

The National lnsurance Commission (NAICOM) is the statutory Regulatory body of insurance business created to ensure the effective administration, supervision and regulation of insurance business and regulate transactions between insurers and reinsurers within and outside Nigeria. FSS 2020 Insurance Sector, in collaboration with NAICOM aims to deepen the insurance market; ensure lnsurance credibility and protect policy holders; Embed governance and risk management framework for the lnsurance Companies; Enhance access to finance (financial inclusion) with business development support and new products; and risk-based capitalization of lnsurance Companies.

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

Public Security & Digital Forensics In The United States: The Continued Need For Expanded Digital Systems For Security, Deborah G. Keeling, Michael Losavio

Journal of Digital Forensics, Security and Law

Digital Forensics is one of the latest challenges for the use of forensics in the investigative process in the United States. Some of the challenges are created by conditions and circumstances present for law enforcement around the world. However, many are unique to the United States and created by the standards of evidence within our courts, nature of our law enforcement organizations, and structure of our judicial and prosecutorial systems. It is essential for the preservation of public security and individual safety that competent systems of digital forensics are developed for law enforcement at all levels. The failure to do …

Prosecuting Buyers In Human Trafficking Cases: An Analysis Of The Implications Of United States V. Jungers And United States V. Bonestroo, Andrea J. Nichols, Erin Heil

Dignity: A Journal of Analysis of Exploitation and Violence

This article provides a review and analysis of United States v. Jungers and United States v. Bonestroo, important court cases providing precedent for charging buyers of sex as traffickers in cases involving minors. The decisions in these court cases, and in subsequent cases, further solidify the presence of end-demand efforts in the form of prosecution. Yet, the decisions in these cases raise additional questions about their implications for state-level prosecution, the prosecution of buyers in cases involving adults who experience sex trafficking, and the buyers of trafficked labor. Drawing from an analysis of relevant cases, this article analyzes the …

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Almonds, A Fiesty Industry, Kenneth M. Petrowsky

Marriott Student Review

A bitter power struggle between the almond industry and the milk industry has become a test of the United States’ free market. The National Milk Producers Federation has turned to Washington for aid while the Almond board of California and the Blue Diamond co-op have focused on improving their product.

Restorative Justice: A Look At Victim Offender Mediation Programs, Katie L. Moran

21st Century Social Justice

This report conceptualizes the effectiveness and benefits of utilizing the restorative justice model of Victim Offender Mediation (VOM) within the criminal and juvenile justice systems to serve the rights of victims, offenders, and society more justly. Victim Offender Mediation is discussed as a possible alternative justice model which reframes the victim-offender relationship to foster and respect the dignity and worth of each participant. This restorative justice model combats victims’ feelings of helplessness by giving them back their voice, while having the potential to specifically offer relief to those secondarily victimized by the legal system in cases of simple rape. Offenders …

A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb

BYU Law Review

Corpus linguistics is more than just a new tool for legal interpretation. Work in corpus linguistics has generated new ways of thinking about word meaning and about the interpretation of words in context. These insights challenge the assumptions that lawyers and judges generally make about words and their meaning. Although the words that make up a sentence are generally regarded as the basic units of meaning, corpus analysis has shown that in many cases, the meaning of a word as it is used in a given context is a function, not of the word by itself, but of the word’s …

Ordinary Meaning And Corpus Linguistics, Stefan Th. Gries, Brian G. Slocum

BYU Law Review

This Article discusses how corpus analysis, and similar empirically based methods of language study, can help inform judicial assessments about language meaning. We first briefly outline our view of legal language and interpretation in order to underscore the importance of the ordinary meaning doctrine, and thus the relevance of tools such as corpus analysis, to legal interpretation. Despite the heterogeneity of the judicial interpretive process, and the importance of the specific context relevant to the statute at issue, conventions of meaning that cut across contexts are a necessary aspect of legal interpretation. Because ordinary meaning must in some sense be …

Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick

BYU Law Review

This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.

The Dictionary As A Specialized Corpus, Jennifer L. Mascott

BYU Law Review

Scholars consider reliance on dictionary definitions to be the antithesis of objective, big-data analysis of ordinary meaning. This Article contests that notion, arguing that when dictionaries are treated as a specialized database, or corpus, they provide invaluable textured understanding of a term. Words appear in dictionaries both as terms being defined and as terms defining other words. Examination of every reference to a contested term throughout a dictionary’s definitional entries of other words may substantially benefit statutory and constitutional interpretation. Because dictionaries catalog language, their use as a specialized corpus provides invaluable insight into the ways a particular word is …

Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content Analysis Methodologies To Improve Corpus Design And Analysis, James C. Phillips, Jesse Egbert

BYU Law Review

The nascent field of law and corpus linguistics has much to offer legal interpretation. But to do so, it must more fully incorporate principles from survey and content-analysis methodologies used in the social sciences. Importing such will provide greater rigor, transparency, reproducibility, and accuracy in the important quest to determine the meaning of the law. This Article highlights some of those principles to provide a best- practices guide to those seeking to perform law and corpus linguistic analysis.

The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman

BYU Law Review

By offering an international and interdisciplinary point of comparison, Hamann and Vogel demonstrate that current American forays into corpus-based legal scholarship reflect only a small sliver of the full range of possibilities for such research. This Comment considers several key branching points that may lie ahead, as the nascent literature begins to mature. In particular, the Comment examines two vexing ambiguities in the corpus-linguistic agenda: the first centers on the ambiguous meaning of legal “empiricism”; the second, on the ambiguous relationship between words and actions. To achieve its full potential, legal corpus linguistics will need to move beyond mere description, …