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21,439 full-text articles. Page 5 of 362.

Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz 2019 William & Mary Law School

Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz

Faculty Publications

No abstract provided.


The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett 2019 Hewlett Packard Enterprise

The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett

Notre Dame Law Review

The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected ...


The Parochial Uses Of Universal Jurisdiction, Eugene Kontorovich 2019 George Mason University Antonin Scalia Law School

The Parochial Uses Of Universal Jurisdiction, Eugene Kontorovich

Notre Dame Law Review

This Article presents a new account of the function served by universal jurisdiction (UJ). This doctrine—one of the most diplomatically controversial in modern international law— allows states to prosecute certain grave international crimes, even committed abroad, and with no connection to the prosecuting state.

This Article shows that, far from being used as a tool of global policing, the UJ doctrine is, in practice, used to protect the parochial domestic interests of the prosecuting state. In showing this, this Article reconciles several paradoxes related to UJ—its broad and longstanding normative acceptance by states contrasted with its extremely rare ...


Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski 2019 Notre Dame Law School

Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski

Notre Dame Law Review

International criminal law is concerned with holding perpetrators responsible for the gravest crimes committed by humanity. The larger and more heinous the crime, however, the more complicated the prosecution. Identifying the relevant actors, producing sufficient evidence to impose liability, and bringing criminals to justice is a challenging endeavor. This complex process becomes even more daunting when factoring in complicit actors. This Note discusses the different legal mechanisms to hold individual corporate officers criminally liable for complicity in committing crimes against humanity and other human rights atrocities in the Democratic Republic of the Congo (“DRC”) as a result of their participation ...


Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli 2019 Baylor University Law School

Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli

Texas A&M Law Review

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial ...


Constraint And Control, Patricia Ayres 2019 CUNY Hunter College

Constraint And Control, Patricia Ayres

School of Arts & Sciences Theses

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods 2019 University of Arkansas School of Law, Fayetteville

Policing, Danger Narratives, And Routine Traffic Stops, Jordan Blair Woods

Michigan Law Review

This Article presents findings from the largest and most comprehensive study to date on violence against the police during traffic stops. Every year, police officers conduct tens of millions of traffic stops. Many of these stops are entirely unremarkable—so much so that they may be fairly described as routine. Nonetheless, the narrative that routine traffic stops are fraught with grave and unpredictable danger to the police permeates police training and animates Fourth Amendment doctrine. This Article challenges this dominant danger narrative and its centrality within key institutions that regulate the police.

The presented study is the first to offer ...


The New Amy, Vicky, And Andy Act: A Positive Step Towards Full Restitution For Child Pornography Victims, Paul Cassell, James R. Marsh 2019 S.J. Quinney College of Law, University of Utah

The New Amy, Vicky, And Andy Act: A Positive Step Towards Full Restitution For Child Pornography Victims, Paul Cassell, James R. Marsh

Utah Law Faculty Scholarship

In this article, we review some of the valuable steps forward found in the AVAA, as well as the work that remains to be done. But in closing, it may be useful to remember that the legal issues swirling around restitution decisions have real world consequences, both for the defendants who must pay the restitution awards and the victims who need and deserve compensation. As between these two groups, however, the equities tip decisively in favor of victims. To be sure, large restitution awards have financial consequences for criminal defendants. But the stark fact remains that criminals have a choice ...


International Criminal Court Comes Of Age, Nancy Amoury Combs 2019 William & Mary Law School

International Criminal Court Comes Of Age, Nancy Amoury Combs

Popular Media

No abstract provided.


Mass Arrests & The Particularized Probable Cause Requirement, Amanda Peters 2019 South Texas College of Law Houston

Mass Arrests & The Particularized Probable Cause Requirement, Amanda Peters

Boston College Law Review

Three Supreme Court cases—United States v. Di Re, Ybarra v. Illinois, and Maryland v. Pringle—established the need for individualized or particularized probable cause in multiple-suspect arrests and searches. These three Supreme Court decisions have been used by plaintiffs seeking to sue police departments and municipalities under 42 U.S.C. § 1983 for civil rights violations stemming from mass arrests unsupported by probable cause. Oddly enough, these decisions have also been relied upon by defendants who allege that the law is unclear when it comes to particularized probable cause and multiple-suspect arrests. This Article seeks to carefully examine the ...


Champions For Justice & Public Interest Auction 2019, Roger Williams University School of Law 2019 Roger Williams University

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.


Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr. 2019 University of Georgia School of Law

The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr.

Popular Media

In the second half of the 19th Century, hundreds of murders occurred in Georgia, but only two murder cases electrified the entire state. Both cases were the subject of massive amounts of publicity in Georgia newspapers, and for years both cases were ceaselessly talked about in every part of this state.

One of these two notable murder cases was the Woolfolk murder case, involving Tom Woolfolk, nicknamed Bloody Woolfolk, who in 1887 murdered nine members of his family with an axe in Bibb County and after two trials was hanged in 1890. In 1997, I published a book review in ...


Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam 2019 The University of Akron

Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam

ConLawNOW

Tony Amsterdam, lead counsel for Sandra Lockett in the U.S. Supreme Court case Lockett v. Ohio, offers his reflections on the case.


Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky 2019 The University of Akron

The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky

Akron Law Review

Over the past twenty years, the international criminal tribunals have increasingly relied upon expert testimony describing the intergenerational and cultural effects of mass trauma events in their decisions. The admission of such broad, generalized expert testimony is facilitated by permissive rules of evidence and the broad and complex scope of international criminal litigation. To date, few litigators have attempted to present American courts with similar expert testimony. This article explores the admissibility and uses of this kind of evidence in American legal forums and provides a how-to guide for practitioners hoping to use similar testimony to build their cases.


Rico Run Amok, John K. Cornwell 2019 Seton Hall

Rico Run Amok, John K. Cornwell

SMU Law Review

In 1970, Congress enacted RICO to eradicate organized crime in America. To enlist the help of private citizens in this effort, the statute included civil provisions providing treble damages for plaintiffs who proved that they were injured by a pattern of racketeering activity. As the decades passed, civil RICO dramatically expanded its reach, addressing misconduct in a diverse array of contexts, including high-profile suits against the Clinton Foundation and Trump University. This Article examines this evolution, focusing on three factors that have figured prominently in civil RICO’s runaway growth: the broad interpretation of what constitutes a RICO “enterprise”; the ...


Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Special Issue, December 2018, 2019 James Madison University

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic Competition in Kosovo.

65 – 87 Saranda Leka and ...


Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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