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Criminal Law

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2017

Articles 1 - 21 of 21

Full-Text Articles in Rule of Law

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty Oct 2017

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty

Maine Law Review

President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …

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Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

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Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant Jul 2017

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins Jul 2017

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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Procedural Due Process Claims, Erwin Chemerinsky Jun 2017

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

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A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr May 2017

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

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Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields Apr 2017

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs

No abstract provided.

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Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon Apr 2017

Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon

Penn State Journal of Law & International Affairs

No abstract provided.

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The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen Apr 2017

The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen

Siyuan CHEN

The exercise of prosecutorial discretion is a unique executive act that continues to be very well-protected from public scrutiny in many jurisdictions throughout the world. In this article, I attempt to survey virtually the entire body of case law on the limits of prosecutorial discretion in Singapore. Probably because prosecutorial discretion is protected by the Constitution, it took a while for the Singapore courts to retreat from its initial characterisation of the discretion as absolute and outside the scope of any form of review. Against a wider backdrop of increasing rights-consciousness (especially within the courts) and the public demand for …

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Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr. Apr 2017

Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.

Donna M. Hughes

In December 2016, Professor of Gender and Women’s Studies Donna M. Hughes published the inaugural issue of the journal Dignity: A Journal on Sexual Exploitation and Violence as editor-in-chief. Just a few months ago, in January, Dignity released its second issue. Professor Hughes has been working on issues related to sexual violence and exploitation, such as human trafficking since the 1980s. She saw an opening in the field for a journal about the particular work that she has been doing for so long. “There is no other scholarly journal that addresses sexual exploitation and violence and has an editorial position …

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New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr. Apr 2017

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

With large global reach already, the journal Dignity is first of its kind in the world. A new journal devoted to the broad examination of sexual exploitation, violence and slavery has been launched by a prominent University of Rhode Island professor and researcher Donna M. Hughes. Since its debut last year, the first-of-its-kind online journal Dignity has been a global success, with people from more than 100 countries downloading articles, according to URI. 

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Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr. Apr 2017

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.

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Twenty Reasons To Publish In Dignity, Donna M. Hughes Apr 2017

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 

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Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. Feb 2017

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear of …

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Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq Feb 2017

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

A bibliography of sources on the research we did on prostitution and sex trafficking and the advocacy work we did to end decriminalized prostitution. For 29 years prostitution was decriminalized in Rhode Island (if it occurred indoors). Sexual exploitation and violence against women and girls were integrated into economic development. The number of sex businesses grew rapidly and organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, sex traffickers, and other violent criminals. The lack of laws impeded police from investigating serious crimes, including sex trafficking

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The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg Jan 2017

The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg

Notre Dame Journal of Law, Ethics & Public Policy

Penetrating the minds and souls of alleged terrorists while still upholding the constitution, federal law, and the human rights obligation to treat the suspects with dignity and without torture or cruel, inhuman, and degrading treatment was not the immediate objective for high-ranking American officials and military interrogators in the early years following the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. Although the United States was a party to the Geneva Conventions (GC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT)—all three …

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Sovereign Display And Fiscal Techniques, Magnus Hornqvist Jan 2017

Sovereign Display And Fiscal Techniques, Magnus Hornqvist

Vanderbilt Journal of Transnational Law

Over recent decades, the state has come to increasingly rearticulate sovereignty at the very center of society. To support the thesis of a migration of sovereignty from the periphery to the center, from the punishment of marginalized groups to the regulation of economic transactions, this Article sketches the development of rules, monitoring, and sanctions--the three phases of regulation in the strict sense--with respect to first tax evasion and undeclared work and then organized crime, money laundering, and terrorist financing. Unbounded reasons of state, symbolic authority, and conflicts with formidable foes are found to be expressed in the economic sphere, which …

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Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr. Dec 2016

Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

This paper is a case study of decriminalized prostitution. For 29 years (1980 to 2009) prostitution was decriminalized in Rhode Island. Lack of laws or regulations created a permissive legal, economic and cultural environment for the growth of sex businesses. During this time, sexual exploitation and violence against women and girls were integrated into the economic development of urban areas. The number of sex businesses grew rapidly during this time period. Organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, traffickers, and other violent criminals. The lack of laws impeded …

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Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson Dec 2016

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Stephen E Henderson

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil.

In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …

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