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The Crime Of Sedition: At The Crossroads Of Reform And Resurgence, Adam M. Smith, Charlene Yim, Marryum Kahloon, Human Rights Institute Apr 2022

The Crime Of Sedition: At The Crossroads Of Reform And Resurgence, Adam M. Smith, Charlene Yim, Marryum Kahloon, Human Rights Institute

Human Rights Institute

The offense of “sedition” — often characterized as criminalizing the incitement of rebellion against the government — is an archaic crime that is frequently used to target political speech. Introduced in the sixteenth century in England specifically to suppress dissent, sedition laws spread through the British colonies. These laws still persist in some legal systems, and while there are reforms underway in some of those jurisdictions, in a few outliers, the offense continues to be prosecuted — and in some there has been a resurgence in cases.

Sedition laws have been criticized by the United Nations (“U.N.”), human rights experts, …


Socialist Republic Of Vietnam V. Pham Thi Doan Trang, David Mccraw, Human Rights Institute Apr 2022

Socialist Republic Of Vietnam V. Pham Thi Doan Trang, David Mccraw, Human Rights Institute

Human Rights Institute

On the night of October 6, 2020, at the conclusion of a virtual human rights meeting between the governments of the United States of America and Vietnam, Vietnamese police arrested the journalist and human rights activist Pham Thi Doan Trang at her home in Hanoi. Ms. Trang was arrested and detained for allegedly “conducting propaganda against the Socialist Republic of Vietnam” and “making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” — two of the most notorious of Vietnam’s fifteen national security offenses.

It would be a full year — during …


Crime And The Corporation: Making The Punishment Fit The Corporation, John C. Coffee Jr. Jan 2022

Crime And The Corporation: Making The Punishment Fit The Corporation, John C. Coffee Jr.

Faculty Scholarship

The debate over corporate criminal liability has long involved a fight between proponents who argue that corporate liability is necessary for effective deterrence and opponents who claim that it “punishes the innocent.” This Article agrees and disagrees with both sides. Corporate criminal liability could play a critical role in establishing an effective deterrent to organizational misconduct, but today it largely fails. Currently, we have a system that combines Deferred Prosecution Agreements, Non-Prosecution Agreements, and extraordinarily generous sentencing credits for compliance plans that have failed, and the result is a system that is more carrots than sticks. The evidence seems clear …