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Full-Text Articles in Comparative and Foreign Law

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin Dec 2016

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin

D'Andre Lampkin

This essay provides an overview of the USA Patriot Act and introduce readers to some of the controversial aspects of the main provisions outlined in the original bill. While the paper states an affirmative position regarding the language of the law, this essay challenges readers to decide whether the benefits of the Patriot Act outweighed the founded, potential, and unknown violations of the United States Constitution.


The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen Dec 2016

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

In France as elsewhere, prosecutors and their offices are seldom seen as agents of democracy. A distinct theoretical framework is itself missing to conceptualize the prosecutorial function in democratic states committed to the rule of law. What makes prosecutors democratically legitimate? Can they be made accountable to the public? Combining democratic theory with original qualitative empirical data, my hypothesis is that in the French context, prosecutors’ professional status and identity as judges determines to a great extent whether and how they can be considered democratic figures.
 
The French judicial function is defined more broadly than in the United States, …