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Criminal Law

2011

Institution
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Articles 31 - 33 of 33

Full-Text Articles in Legal History

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan Dec 2010

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan

Lucian E Dervan

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …


Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan Dec 2010

Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan

Lucian E Dervan

This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …


Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs Dec 2010

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on and governed by the social and religious norms of the society. Consequently, the sanctity of marriage is a well accepted principle in the world community .
Marriage could either be monogamous or polygamous in nature. A monogamous marriage has bee described as ‘…the voluntary union for life of one man and one woman to the exclusion of all others’ . A polygamous marriage on the other hand can be defined as a voluntary union for life of one …