Law Commons^™

Vladimir Putin And The Rule Of Law In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

During his two terms as President of Russia, did Vladimir Putin further the net development of a legal culture in Russia? This article is based on public lectures given in late 2007 and early 2008 at Oxford University, the Norwegian Institute of International Affairs (NUPI), and the Kennan Institute at the Woodrow Wilson International Center for Scholars.

This article examines three "windows" into the development of Russia's legal culture under Vladimir Putin: (1) the Second Chechen War; (2) Russian membership in the Council of Europe; and, (3) renewed efforts under Putin at codification of law, as evidenced by the creation …

Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also …

Punishing Family Status, Jennifer M. Collins, Ethan J. Leib

Faculty Journal Articles and Book Chapters

This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …