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2000

Justice

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Articles 1 - 30 of 32

Full-Text Articles in Law

Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook Dec 2000

Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook

William & Mary Bill of Rights Journal

In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God ...


Choosing Law And Giving Justice, Louise Weinberg Aug 2000

Choosing Law And Giving Justice, Louise Weinberg

Louisiana Law Review

No abstract provided.


The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin Aug 2000

The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin

International Law Studies

No abstract provided.


Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit Jan 2000

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Nancy Levit

As kids we called it having to use the old noodle: needing to think real hard about something that was real hard to think about. It was the kind of thinking that would cause your face to get all scrunched up, and if you didn't stop or if someone didn't stop you - it would eventually make your head hurt. The expression came from our families when we figured something out: that's using your old noodle, they'd tell us. The noodle we eventually understood to be our brains, which, we reckon, do look something like noodles, though ...


Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson Jan 2000

Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson

ILSA Journal of International & Comparative Law

The year 1999 saw a series of extraordinary developments in the search for justice in the case of Cambodia's Khmer Rouge.


2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet Jan 2000

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.


2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad Jan 2000

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.


Linking The Visions, Thomas A. Green Jan 2000

Linking The Visions, Thomas A. Green

Other Publications

Professor Thomas Green talks about his teaching and work.


When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes Jan 2000

When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes

Fordham Urban Law Journal

This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.


Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.


Trade And Inequality: Economic Justice And The Developing World, Frank J. Garcia Jan 2000

Trade And Inequality: Economic Justice And The Developing World, Frank J. Garcia

Michigan Journal of International Law

This Article attempts to lay the foundation for such a framework in the area of international trade law. More specifically, this Article develops the argument that the principle of special and differential treatment, a key element of the developing world's trade agenda, plays a central role in satisfying the moral obligations that wealthier states owe poorer states as a matter of distributive justice. Seen in this light, the principle of special and differential treatment is more than just a political accommodation: it reflects a moral obligation stemming from the economic inequality among states.


Transitional Justice, Ruiti G. Teitel Jan 2000

Transitional Justice, Ruiti G. Teitel

Books

Ruti Teitel explores the ways in which a society should respond to evil rule. This is an insightful analysis of one of the most fundamental political science issues of our times - how the emerging democracies in Eastern Europe and elsewhere should deal with the legal systems inherited from their authoritarian pasts.

Should the past system be repudiated altogether? Should the leaders from the authoritarian period be punished? If so, how? Under what principles of law would punishment be justified, given that the leaders were, in general, acting legally according to the legal systems in effect at the time? This book ...


Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier Jan 2000

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It happens ...


Is The Rule Of Law Cosmopolitan?, Robin West Jan 2000

Is The Rule Of Law Cosmopolitan?, Robin West

Georgetown Law Faculty Publications and Other Works

What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of ...


First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure Jan 2000

First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure

Scholarly Works

For many years, a battle has raged over export restrictions on strong encryption products. Encryption ensures confidential and secure communications among individuals, and the Commerce Department and the State Department have long restricted its export because of national security concerns. Industry and privacy groups have fought against the restrictions for various reasons, ranging from the desire to sell encryption software in new markets to preventing government from accessing personal communications between individuals. Daniel Bernstein, a computer science graduate student, challenged these restrictions in 1996, placing himself in the center of this ongoing battle. In 1999, the Ninth Circuit Court of ...


Supreme Court Federalism Decisions, Leon Friedman Jan 2000

Supreme Court Federalism Decisions, Leon Friedman

Touro Law Review

No abstract provided.


Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.


Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle Jan 2000

Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle

Fordham Urban Law Journal

This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.


Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman Jan 2000

Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman

Fordham Urban Law Journal

This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.


Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.


Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love Jan 2000

Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love

Fordham Urban Law Journal

A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.


Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello Jan 2000

Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello

Fordham Urban Law Journal

This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.


Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator) Jan 2000

Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.


Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love Jan 2000

Of Pardons, Politics And Collar Buttons: Reflections On The President's Duty To Be Merciful, Margaret Colgate Love

Fordham Urban Law Journal

A discussion of the President's ability to grant Federal Pardons, and the moral and political factors which influence the exercise of that power. The article proposes that the President has a duty to pardon, not so much as to do justice in particular cases, but to be merciful as a more general obligation of office.


When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes Jan 2000

When Victims Seek Closure: Forgiveness, Vengeance And The Role Of Government, Susan Bandes

Fordham Urban Law Journal

This article discusses the role of victims and their families in the sentencing of criminal defendants, including the emotional and ethical components of victims' desires to achieve justice and closure.


Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello Jan 2000

Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello

Fordham Urban Law Journal

This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.


Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.


Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle Jan 2000

Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle

Fordham Urban Law Journal

This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.


Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman Jan 2000

Forgiveness In The Criminal Justice System: If It Belongs, Then Why Is It So Hard To Find?, David M. Lerman

Fordham Urban Law Journal

This essay advocates the role of forgiveness within the criminal justice system, particularly from a prosecutor's perspective, and discusses common impediments to its increased presence and the leadership needed to allow it to develop within the system.


Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator) Jan 2000

Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.