Law Commons^™

State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli

Journal of Civil Rights and Economic Development

(Excerpt)

“There’s something you need to know about me . . . I am dead,” said Fraidy Reiss, a survivor of an abusive forced marriage, as she stood alone on a stage, speaking to a crowd. “I know what you’re thinking, [I don’t] look particularly dead . . . you might want to tell that to my family [because] they declared me dead almost thirteen years ago.”

Reiss, who founded the organization Unchained at Last to help forced marriage victims like herself, grew up in an ultra-Orthodox Jewish community in Brooklyn. Right after finishing high school, Reiss was asked to …

Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden

American University International Law Review

Kyi sat on the banks of the Inya Lake, saying goodbye to the place they said was no longer her home. The government of Myanmar had given her an option: leave or be arrested. She felt lucky to leave; most activists she knew did not get a warning first. A few kilometers away, her parents’ graves sat cleaned, adorned with fresh flowers. She hoped her sister would keep up the task in her absence, but she hadn’t been able to get ahold of her in quite some time. The feeling of the country was getting more concerned—"frantic" she explained, laughing, …

The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan

American University International Law Review

In little more than twenty-five years, the field of international criminal law has grown from a small slice of public international law into a functioning system of international justice, complete with multiple juridical bodies and substantial scholarly attention. Building on the legacy of the Nuremberg Tribunals and drawing from international humanitarian law, human rights law, and domestic criminal law principles, international criminal law has become its own discipline. Creating any new field of law is a complicated endeavor; this is especially true when the field affects and is affected by so many politically sensitive issues. Throughout this doctrinal experiment, one …

Mens Rea In Comparative Perspective

Marquette Law Review

This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …

The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad

San Diego International Law Journal

To conclude on this issue, the rights of others, as individuals and as a whole, are formulated as the social protected interest that criminal law seeks to protect through criminal means, and it is with these rights that criminal law theory should be concerned in the first level of scrutiny. However, in the second level of scrutiny, an additional set of rights are brought into play; these are the rights of the individual, namely the actor, to exercise their constitutional rights e.g., free speech, liberty, free exercise of religion. The second level of scrutiny requires balancing those rights with the …

Contents

Georgia Journal of International & Comparative Law

No abstract provided.

Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath

The Journal of Business, Entrepreneurship & the Law

In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.

Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong

Pace International Law Review

This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some cultural …

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

University of Miami Inter-American Law Review

No abstract provided.

Child Pornography In Canada And The United States: The Myth Of Right Answers, Travis Johnson

Dalhousie Law Journal

Child pornography is an increasing worldwide concern and is one of the most active fronts in the ongoing battle between freedom of expression and public safety and morality. In 2005, the child pornography provisions of the Canadian Criminal Code were amended in response to the controversial decision of the Supreme Court in R. v. Sharpe. Similar legislative response has occurred in the United States following the U.S. Supreme Court decision inAshcroft v. Free Speech Coalition. A comparative examination of the legislative and judicial treatments of the issue of child pornography in these countries reveals that despite reaching differing rights-balancing positions, …

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle

ILSA Journal of International & Comparative Law

Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …

Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba

University of Miami Inter-American Law Review

No abstract provided.