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Full-Text Articles in Law
Developing Environmental Law For All Citizens, Patricia W. Moore, Eliana S. Pereira, Gillian Duggin
Developing Environmental Law For All Citizens, Patricia W. Moore, Eliana S. Pereira, Gillian Duggin
Faculty Articles
On 20 May 2002, Timor-Leste became a country. Its Constitution, which came into force on 20 May 2002, is based on civil law, with many similarities to Portugal's legal system. The Constitution also laid the foundation for environmental law, which the government has been developing ever since. This overview of the development of environmental law in Timor-Leste describes the constitutional provisions that are the source of environmental law in the country; presents the policy basis for environmental law; reviews the legal instruments governing the environment that the government has adopted since 2002; introduces draft laws under consideration at the end …
Judicial Participation In Plea Bargaining: A Dispute Resolution Perspective, Rishi Batra
Judicial Participation In Plea Bargaining: A Dispute Resolution Perspective, Rishi Batra
Faculty Articles
There is a common perception that judges do not or should not play a role in the criminal plea bargaining discussions between prosecutors and defense counsel. However, in many state jurisdictions, judicial participation is allowed or even encouraged by statute or by case law. This Article briefly summarizes some of the issues with the plea bargaining process, including how structural issues with the way defense counsel are appointed and compensated, along with the power of prosecutors, makes good representation for defendants less likely. By then performing a fifty-state survey of rules for judicial participation in plea bargaining, the Article explicates …
The Rule Of Law In China And The Prosecution Of Li Zhuang, Vincent R. Johnson, Stephen C. Loomis
The Rule Of Law In China And The Prosecution Of Li Zhuang, Vincent R. Johnson, Stephen C. Loomis
Faculty Articles
The rule of law is a philosophical concept, an ideal against which any legal system can be measured. Whether China adheres to the rule of law is critical not only to people in China but also to other nations that look to China for leadership. Serious questions can be raised about whether the recent Chongqing da hei fell short of compliance with the rule of law in the criminal law field. This article considers the Li Zhuang case from a comparative perspective rooted in legal principles that resonate cross-culturally. The article recounts the recent development of a new Chinese legal …