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Articles 1 - 16 of 16
Full-Text Articles in Social and Behavioral Sciences
An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue
An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue
John Donohue
This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and …
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
Ron D. Katznelson
When comparing patent litigation rates or “rarity” across decades, one must take into account the proportion to the actual scale of commercial activities that give rise to patent disputes. Such normalizing scales are preferably national metrics of commercial activity such as (a) the number of patents issued in the year, (b) the total number of patents in force over which disputes may arise, (c) the total number of Federal civil suits, or (d) the economic scale of the Gross National Product (GDP) in real dollars. This paper marshals for the first time information on all patent litigation in Federal district …
Hiv Disclosure As Practice And Public Policy, Barry D. Adam
Hiv Disclosure As Practice And Public Policy, Barry D. Adam
Barry D Adam
Responses to the largest surveys of HIV-positive people in Ontario show that most either disclose to or do not have partners who are HIV-negative or of unknown status. Non-disclosure strategies and assumptions are reported by relatively small sets of people with some variation according to employment status, sexual orientation, gender, ethnicity, and having had a casual partner. Interviews with 122 people living with HIV show that disclosure is an undertaking fraught with emotional pitfalls complicated by personal histories of having misread cues or having felt deceived leading up to their own sero-conversion, then having to negotiate a stigmatized status with …
The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson
The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson
LESTER JACKSON
Murderer advocates place a far greater value on the lives of the most savage murderers than on the lives of their victims. Let them deny it; their words and deeds conclusively give the lie to that denial. The critical question is this: Whose concept of justice is going to prevail? The concept of a small but vocal well-financed minority with influence and power out of all proportion to its numbers, or that of the large but poorly financed and disorganized majority. In recent decades, the former have dominated. Tragically, compared to media-dominant murderer advocates, victims have been virtually voiceless. Yes, …
Changing The Culture Of Reporting Suspicious Behavior, Rick Parfitt
Changing The Culture Of Reporting Suspicious Behavior, Rick Parfitt
Rick Parfitt
No abstract provided.
Stato Moderno E Pubblico Ministero. Il Modello Brasiliano, Eduardo Meira Zauli Dr.
Stato Moderno E Pubblico Ministero. Il Modello Brasiliano, Eduardo Meira Zauli Dr.
Eduardo Meira Zauli
No abstract provided.
Justice And Starvation In Cambodia: The Khmer Rouge Famine, Randle C. Defalco
Justice And Starvation In Cambodia: The Khmer Rouge Famine, Randle C. Defalco
Randle C DeFalco
No abstract provided.
Translation Of Legal Texts Between Arabic And English: The Case Study Of Marriage Contracts, Mohammed H. Al Aqad
Translation Of Legal Texts Between Arabic And English: The Case Study Of Marriage Contracts, Mohammed H. Al Aqad
Mohammed H. M. Al Aqad
Over decades, there used to be a number of studies on Legal translation since it was one of the most challenging issues for translators and it still a critical and authoritative translation produced by legal bodies. Actually, translating legal texts might raise some problems in translation pertaining to the differences between the Source and Target Texts. Thus, it can result in a certain amount of ambiguity with respect to the legal texts, as it belongs to people‟s beliefs and cultures. This study investigates the quality of the translated message from Arabic into English. Hence, the focus is on the changes …
The Two-Seat Solution, Hippu Salk Kristle Nathan
The Two-Seat Solution, Hippu Salk Kristle Nathan
Hippu Salk Kristle Nathan
The article highlights the fallacy in the system of provisioning more than one constituency/seat to a single candidate in Lok Sabha or Assembly elections. It gives instances of how the veteran leaders have historically exploited this system. This is a violation of principle of equity, justice, and fairness as enshrined in the Constitution. This reminds the Orwellian saying: "All are equal, but some are more equal than others." The article proposes that the only way out is make a leader's candidature void if he or she files nomination from more than one constituency.
Towards An Understanding Of Modern Policing Norms: Social Identity, Organization Identity, And Efficient Policing, Billy R. Close, Patrick Leon Mason
Towards An Understanding Of Modern Policing Norms: Social Identity, Organization Identity, And Efficient Policing, Billy R. Close, Patrick Leon Mason
Patrick L. Mason
This study examines the relationship between bureaucratic identity, social identity and policing outcomes. We utilize alternative outcomes tests to examine traffic stop data collected by the Florida Highway Patrol during 2000-2009. This study finds that representation of African American and Hispanic troopers improves outcomes for all groups of drivers, by increasing efficiency in searches. All troopers, regardless of race, engage in fewer searches when they are assigned to racially diverse or minority troops. Importantly, we show that this decrease in search activity simultaneously yields higher hit rates, thereby increasing efficiency. Finally, the data reveal that the greatest change in search …
How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
Stacia N. Stolzenberg
Little is known about how the dynamics of sexual abuse and disclosure are discussed in criminal court. We examined how attorneys ask child witnesses in sexual abuse cases (N = 72, 6–16 years of age) about their prior conversations, both with suspects and with disclosure recipients. Prosecutors’ questions were more open-ended than defense attorneys, but most questions asked by either attorney were yes/no questions, and children tended to provide unelaborated responses. Prosecutors were more inclined to ask about children’s prior conversations with suspects than defense attorneys, but focused on the immediate abuse rather than on grooming behavior or attempts to …
Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner
Table Annexed To Article: Counting Words In The Federalist, Peter Aschenbrenner
Peter J. Aschenbrenner
Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).
Public Reason As Higher Law, Gordon D. Ballingrud
Public Reason As Higher Law, Gordon D. Ballingrud
Gordon D Ballingrud
This paper presents a model of higher-law formation by employing a modified version of John Rawls’ idea of public reason. The model specifies a theory of public reason that combines the procedural and substantive aspects of public reason, and extends the concept over a third dimension, time. This concept, by virtue of its multi-generational democratic pedigree, forms a repository of political and legal concepts of justice that conform to the duty of civility, and the broad consensus on political and legal norms required of the content of public reason, which forms the overlapping consensus. Thus, public reason as higher law …
Legitimation, Mark C. Modak-Truran
Legitimation, Mark C. Modak-Truran
Mark C Modak-Truran
This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …
The Weaknesses Of Criticism Against Supermajority, Sergio Verdugo Sverdugor@Udd.Cl
The Weaknesses Of Criticism Against Supermajority, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
The article critically examines the objections that professors Guillermo Jiménez, Pablo Marshall and Fernando Muñoz have made to the exceptional legislative supermajority rule, defended by Sergio Verdugo in a prior paper of 2012. The objections relies in a biased conception of democracy and political equality. Their arguments conduct to a naïve position that prevents the evaluation of supermajorities in an instrumental way. Verdugo defends the idea that legislative supermajorities are useful given certain conditions and under certain cases.
Justice Stewart Meets The Press, Keith Bybee
Justice Stewart Meets The Press, Keith Bybee
Keith J. Bybee
Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of his colleagues …