Law Commons^™

Marihuana: Legalización Uruguaya, Fernando Carrión Mena Arq.

Fernando Carrión Mena

Uruguay es un país pequeño con 3.3 millones habitantes distribuidos a lo largo de 176 mil kilómetros cuadrados, lo cual le convierte en el segundo país más diminuto de Sur América, después de Surinam. Es un país que está haciendo bien las cosas en su interior, tanto que se ha convertido en un referente mundial, por ejemplo, en el reconocimiento a los derechos civiles (matrimonio igualitario, derechos de género), en la calidad del Fútbol que tiene, en el respeto a la democracia, en la imagen austera que transmite su presidente y, ahora, en la regulación legal del canabis. Todo ello …

Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks

Danielle Keats Citron

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.

Is Stop-And-Search Breaking Down Our Trust In The Police Force?, Sophie Banat

Sophie Banat

Stop & searching was introduced into the UK as a measure to help combat crime. The uncertainly on what constitutes a stop search has led to a high proportion of non arrests, leading to privacy and racial issues. This article briefly analyses the significance this has on the community and to what extent it is being used successfully.

Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein

Peter R. Hoffman

No abstract provided.

12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

Prosecutorial Decriminalization, Erik Luna

Erik Luna

The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.

Effective Assistance Of Counsel: In Quest Of A Uniform Standard Of Review, Theresa L. Springmann, John Eric Smithburn

J. Eric Smithburn

No abstract provided.

The Supreme Court And The Politics Of Death, Stephen F. Smith

Stephen F. Smith

This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …

Proportional Mens Rea, Stephen F. Smith

Stephen F. Smith

No abstract provided.

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Stephen F. Smith

No abstract provided.

Proportionality And Federalization, Stephen F. Smith

Stephen F. Smith

No abstract provided.

Responses To The Ten Questions, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell

Mary Ellen O'Connell

Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Judith L Ritter

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …

Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna

Erik Luna

The article presents a response to the article by Professor Albert Alschuler on the administrative rulemaking in criminal law enforcement and guiding the power which was wielded by criminal justice officials. It mentions that the increase in the rate of the punishment given to the convicts is less effective in reducing the crime and enhancing public safety. It informs that bureaucratization can be considered as the means to improve the criminal process in the U.S.

Correcting A Fatal Lottery: A Proposal To Apply The Civil Discrimination Standards To The Death Penalty, Joseph Thomas

Joseph Thomas

Claims of discrimination are treated differently in the death penalty context. Discrimination in employment, housing, civil rights and jury venire all use a burden-shifting framework with the preponderance of the evidence as the standard. Discrimination that occurs in death penalty proceedings is the exception to the rule -- the framework offers less protections; there is only one phase of argumentation, with a heightened evidentiary standard of “exceptionally clear proof.” With disparate levels of protections against discrimination, the standard and framework for adjudicating claims of discrimination in the death penalty is unconstitutional.

Death is different as a punishment. But does discrimination …

Constitutional Road Maps, Erik Luna

Erik Luna

No abstract provided.

Defining Extortion: Rico, Hobbs, And Statutory Interpretation In Scheidler V. National Organization For Women, Inc., 123 S. Ct. 1057 (2003), Daniel B. Kelly

Daniel B Kelly

No abstract provided.

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule

Jimmy Gurule

No abstract provided.

Does "Proceeds" Really Mean "Net Profits"? The Supreme Court's Efforts To Diminish The Utility Of The Federal Money Laundering Statute, Jimmy Gurule

Jimmy Gurule

No abstract provided.

Unfunding Terror - Perspectives On Unfunding Terror (Panel One), Jimmy Gurule

Jimmy Gurule

According to the FBI, the September 11, 2001 terrorist attacks against the World Trade Center and the Pentagon that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda, the jihadi terrorist organization responsible for the mass killings, was operating on an annual budget between $30 and $50 million. However, despite the obvious fact that terrorists need money to support their terrorist operations and organizational infrastructure, prior to 9/11, preventing the financing of terrorism was not a priority for the United States or international community. Moreover, a comprehensive legal framework to …

The Money Laundering Control Act Of 1986: Creating A New Federal Offense Or Merely Affording Federal Prosecutors An Alternative Means Of Punishing Specified Unlawful Activity?, Jimmy Gurule

Jimmy Gurule

No abstract provided.

Depravity Thrice Removed: Using The 'Heinous, Cruel, Or Depraved' Factor To Aggravate Convictions Of Nontriggermen Accomplices In Capital Cases, Richard W. Garnett

Richard W Garnett

No abstract provided.

Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.

Headline Kidnappings And The Origins Of The Lindbergh Law, Barry Cushman

Barry Cushman

No abstract provided.

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Douglass Cassel

No abstract provided.

The Order-Maintenance Agenda As Land Use Policy, Nicole Stelle Garnett

Nicole Stelle Garnett

Debates about the broken windows hypothesis focus almost exclusively on whether the order-maintenance agenda represents wise criminal law policy — specifically on whether, when, and at what cost, order-maintenance policing techniques reduce serious crime. These questions are important, but incomplete. This Essay, which was solicited for a symposium on urban-development policy, considers potential benefits of order-maintenance policies other than crime-reduction, especially reducing the fear of crime. The Broken Windows essay itself urged that attention to disorder was important not just because disorder was a precursor to more serious crime, but also because disorder undermined residents’ sense of security. The later …

The International Criminal Court And Lubanga: The Feminist Critique And Jus Cogens, Eric Allen Engle

Bocconi Legal Papers

The Lubanga decision, despite procedural missteps, further anchors the prohibition of child soldiers and child auxiliaries under international law. Feminist criticisms of Lubanga misapprehend the potential of Lubanga to attain the types of legal victories feminists strive for. While one can criticize Lubanga as a matter of procedure, Lubanga methodically strengthens the prohibition of child soldiery. The prohibition of child soldiers, like the prohibition of wartime rape, forced prostitution, and child sex-tourism are or are becoming jus cogens norms. Lubanga contributes to this coherence of jus cogens and sets the stage for extension of its logic into other wrongs committed …

The Mistake Of Fact Defense And The Reasonableness Requirement, Margaret F. Brinig

Margaret F Brinig

This article examines specifically the mistake of fact defense and its disparate treatment under these two systems of justice. The British approach is to retain a subjective element in the mistake of fact defense, while American courts impose an objective "reasonableness" requirement. The substantive criminal law approach, utilizing the concept of mens rea, will be discussed first, and will be followed by a treatment of recent American constitutional developments in the area of burden of proof standards in their criminal context. Finally, two factually similar rape cases, one British and one American, will be analyzed to show the present contrasting …

Chasing Bits Across Borders, Patricia L. Bellia

Patricia L. Bellia

As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …