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When Impunity And Corruption Embrace: How The Past Becomes The Future In The Struggle Against Torture And Genocide, Elizabeth M. Iglesias Jan 2018

When Impunity And Corruption Embrace: How The Past Becomes The Future In The Struggle Against Torture And Genocide, Elizabeth M. Iglesias

Articles

In this article, Professor Elizabeth Iglesias takes up the challenge of overcoming impunity for atrocity crimes as a problem of structural corruption. Beginning with the 2013 trial and conviction of Guatemalan leader Efrain Rios Montt for crimes against humanity and genocide in the courts of his own country, the article turns to the scandal surrounding United States' President Donald Trump's repeated threats to fire the special counsel investigating allegations that he and his campaign colluded with foreign nationals to steal the 2016 presidential election and the scandal surrounding the nomination and confirmation of Gina Haspel as the first woman ...


The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack Jan 2018

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

Articles

No abstract provided.


Fearless Speech, Mary Anne Franks Jan 2018

Fearless Speech, Mary Anne Franks

Articles

The American conception of free speech is primarily defined as the freedom to say whatever one wants, with little regard for the quality, context, or impact of the speech. Thus, American free speech doctrine is often characterized as neutral with regard to the speaker and the content of speech; in practice, however, it consistently privileges powerful over vulnerable speakers and harmful over critical speech.

From Philadelphia to Skokie to Charlottesville, the First Amendment has been interpreted to protect speech by white men that silences and endangers women and minorities. As free speech doctrine and practice become increasingly concerned with private ...


The Consensus Myth In Criminal Justice Reform, Benjamin Levin Jan 2018

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Articles

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame ...