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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 Oct 2023

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 Feb 2021

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 Nov 2020

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 Apr 2018

Techno-Policing, I. Bennett Capers

Faculty Scholarship

No abstract provided.


Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski Apr 2017

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 Jun 2015

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 Jul 2011

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 Jan 2011

Statutory Interpretation, Morality, And The Text, Lawrence Solan

Faculty Scholarship

No abstract provided.


The Comparative Nature Of Punishment, Adam Kolber Dec 2009

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


How (Not) To Think Like A Punisher, Alice Ristroph Sep 2009

How (Not) To Think Like A Punisher, Alice Ristroph

Faculty Scholarship

No abstract provided.


Attempt By Omission, Michael T. Cahill May 2009

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.


The Subjective Experience Of Punishment, Adam Kolber Jan 2009

The Subjective Experience Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


How To Improve Empirical Desert, Adam Kolber Jan 2009

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.


Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill Sep 2007

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 Jan 2007

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 Jan 2007

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 Jan 2005

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 Jan 2003

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2001

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 Jan 2000

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 Oct 1998

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 Apr 1996

Resistance To Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider Jan 1995

Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Law, Culture, And Harassment, Anita Bernstein Apr 1994

Law, Culture, And Harassment, Anita Bernstein

Faculty Scholarship

No abstract provided.


Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Procedural Due Process In Guidelines Sentencing, Susan Herman Jan 1992

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 Jan 1992

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.