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Articles 1 - 30 of 36
Full-Text Articles in Other Law
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi
Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis Taniguchi
Department of Justice Studies Faculty Scholarship and Creative Works
Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Techno-Policing, I. Bennett Capers
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Nevada Supreme Court Summaries
The Court determined that NRS 30.130, which concerns the Attorney General’s right to be notified and an opportunity to be heard in constitutional challenges to Nevada statutes, does not apply to criminal proceedings. Instead, NRS 30.130 only refers to a proceeding for declaratory relief, which is treated as a civil action.
It Must Have Been Him: Coherence Effects Within The Legal System, Jonathan N. Carbone
It Must Have Been Him: Coherence Effects Within The Legal System, Jonathan N. Carbone
FIU Electronic Theses and Dissertations
The present series of studies examine how jurors and public defenders evaluate different pieces of evidence and integrate them into a coherent conclusion within the context of a criminal case. Previous research has shown that in situations where both sides of the case are compelling, decision-makers nevertheless come to highly confident and polarized decisions, called coherence shifts (Simon, 2004). The present research sought to expand on coherence effects, improve upon the methodology of previous studies, and explore potential moderators of coherence. In Study 1, mock jurors (n = 306) read about a criminal case and evaluated multiple pieces of …
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship
No abstract provided.
Statutory Interpretation, Morality, And The Text, Lawrence Solan
Statutory Interpretation, Morality, And The Text, Lawrence Solan
Faculty Scholarship
No abstract provided.
The Comparative Nature Of Punishment, Adam Kolber
The Comparative Nature Of Punishment, Adam Kolber
Faculty Scholarship
No abstract provided.
How (Not) To Think Like A Punisher, Alice Ristroph
How (Not) To Think Like A Punisher, Alice Ristroph
Faculty Scholarship
No abstract provided.
Attempt By Omission, Michael T. Cahill
The Subjective Experience Of Punishment, Adam Kolber
The Subjective Experience Of Punishment, Adam Kolber
Faculty Scholarship
No abstract provided.
How To Improve Empirical Desert, Adam Kolber
How To Improve Empirical Desert, Adam Kolber
Faculty Scholarship
No abstract provided.
Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill
Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill
Faculty Scholarship
No abstract provided.
The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley
The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley
Scholarly Works
Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.
Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …
Pain Detection And The Privacy Of Subjective Experience, Adam Kolber
Pain Detection And The Privacy Of Subjective Experience, Adam Kolber
Faculty Scholarship
No abstract provided.
Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton
Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen
The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen
Faculty Scholarship
No abstract provided.
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
Faculty Scholarship
No abstract provided.
Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth
Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth
Scholarly Works
At a time of renewed scrutiny of capital punishment, Nevada lawyers may be interested in some of the recent legal scholarship on the death penalty based on social science data, rather than on legal philosophy or constitutional theory. Three projects are of particular interest: Professor James Liebman's work on errors in death penalty cases; the National Jury Project's data about how jurors decide capital cases; and David Baldus' recent study of peremptory challenges in capital cases.
Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman
Applying Apprendi To The Federal Sentencing Guidelines: You Say You Want A Revolution?, Susan Herman
Faculty Scholarship
No abstract provided.
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship
No abstract provided.
Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman
Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman
Faculty Scholarship
No abstract provided.
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
Faculty Scholarship
No abstract provided.
Resistance To Equality, Elizabeth M. Schneider
Resistance To Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider
Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Law, Culture, And Harassment, Anita Bernstein
Law, Culture, And Harassment, Anita Bernstein
Faculty Scholarship
No abstract provided.
Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel
Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Procedural Due Process In Guidelines Sentencing, Susan Herman
Procedural Due Process In Guidelines Sentencing, Susan Herman
Faculty Scholarship
No abstract provided.
Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman
Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman
Faculty Scholarship
No abstract provided.