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Articles 1 - 30 of 35
Full-Text Articles in Law
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Pepperdine Law Review
No abstract provided.
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh
Cornell International Law Journal
The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court's enforcement practice is evolving.
Between The Scylla And Charybdis Of Prosecution And Reconciliation: The Khmer Rouge Trials And The Promise Of International Criminal Justice, Neha Jain
Duke Journal of Comparative & International Law
No abstract provided.
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Law and Contemporary Problems
In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …
Exploring Lay Participation In Legal Decision-Making: Lessons From Mixed Tribunals, Sanja Kutnjak Ivkovic
Exploring Lay Participation In Legal Decision-Making: Lessons From Mixed Tribunals, Sanja Kutnjak Ivkovic
Cornell International Law Journal
No abstract provided.
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Law and Contemporary Problems
In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.
The Media As Participants In The International Legal Process, Monica Hakimi
The Media As Participants In The International Legal Process, Monica Hakimi
Duke Journal of Comparative & International Law
No abstract provided.
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, And Law, Brent Garland, Mark S. Frankel
Law and Contemporary Problems
Garland and Frankel issue a call for scientists, lawyers, courts and lawmakers to begin a critical dialogue about the implications of scientific discoveries and technological advances in criminal law, behavioral genetics and neuroscience.
A Feminist Look At The Death Penalty, Amy E. Pope
A Feminist Look At The Death Penalty, Amy E. Pope
Law and Contemporary Problems
Pope gives an exploration of the need for a feminist perspective on capital punishment. She then begins to determine which feminist methodology is most appropriate to an analysis of the death penalty.
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Duke Law Journal
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a raceconscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism values, …
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
Scapegoating The Jury, Clay S. Conrad
Scapegoating The Jury, Clay S. Conrad
Cornell Journal of Law and Public Policy
No abstract provided.
Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman
Myth Of Black Juror Nullification: Racism Dressed Up In Jurisprudential Clothing, Elissa Krauss, Martha Schulman
Cornell Journal of Law and Public Policy
No abstract provided.
Comments On Jury Nullification, John W. Bissell
Comments On Jury Nullification, John W. Bissell
Cornell Journal of Law and Public Policy
No abstract provided.
Holding A Child In Contempt, Maggie L. Hughey
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Law and Contemporary Problems
Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Law and Contemporary Problems
The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.
Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.
Cornell Law Review
No abstract provided.
Human Rights In The Context Of Criminal Justice: Identifying International Procedural Protections And Equivalent Protections In National Constitutions, M. Cherif Bassiouni
Human Rights In The Context Of Criminal Justice: Identifying International Procedural Protections And Equivalent Protections In National Constitutions, M. Cherif Bassiouni
Duke Journal of Comparative & International Law
No abstract provided.
Seeking Pluralism In Judicial Systems: The American Experience And The South African Challenge, A. Leon Higginbotham Jr.
Seeking Pluralism In Judicial Systems: The American Experience And The South African Challenge, A. Leon Higginbotham Jr.
Duke Law Journal
No abstract provided.
A Re-Evaluation Of Alaska’S Plea Bargaining Ban, Teresa White Carns, John Kruse
A Re-Evaluation Of Alaska’S Plea Bargaining Ban, Teresa White Carns, John Kruse
Alaska Law Review
No abstract provided.
The Judiciary: Its Organization And Status In The Parliamentary System, Percy R. Luney Jr.
The Judiciary: Its Organization And Status In The Parliamentary System, Percy R. Luney Jr.
Law and Contemporary Problems
No abstract provided.
The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels
The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels
Law and Contemporary Problems
No abstract provided.
Foreword: Study On Paths To A Better Way, Warren E. Burger
Foreword: Study On Paths To A Better Way, Warren E. Burger
Duke Law Journal
No abstract provided.
Emotional Justice: Moralizing The Passions Of Criminal Punishment , Samuel H. Pillsbury
Emotional Justice: Moralizing The Passions Of Criminal Punishment , Samuel H. Pillsbury
Cornell Law Review
No abstract provided.
Law Regained , Owen M. Fiss
Researching Civil Justice: Problems And Pitfalls, Deborah R. Hensler
Researching Civil Justice: Problems And Pitfalls, Deborah R. Hensler
Law and Contemporary Problems
No abstract provided.
Perfecting Federal Civil Rules: A Proposal For Restricted Field Experiments, Laurens Walker
Perfecting Federal Civil Rules: A Proposal For Restricted Field Experiments, Laurens Walker
Law and Contemporary Problems
No abstract provided.
The Impact Of Procedure-Impact Studies In The Administration Of Justice, Maurice Rosenberg
The Impact Of Procedure-Impact Studies In The Administration Of Justice, Maurice Rosenberg
Law and Contemporary Problems
No abstract provided.