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Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado 2010 Seattle University

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

Washington University Law Review

Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to maintain control in the face of demographic change. The paper argues that qualitative concerns, as well as numbers and statistics, supported this thesis and that California was beginning to take on the ―feel of a neocolonial society. The argument, on the basis of several kinds of evidence, is that seeing California in those terms better explain events than does race and racial competition. The paper presentts an argument for a gestalt shift and posits that doing ...


The Scope Of Congress's Thirteenth Amendment Enforcement Power After City Of Boerne V. Flores, Jennifer Mason McAward 2010 University of Notre Dame Law School

The Scope Of Congress's Thirteenth Amendment Enforcement Power After City Of Boerne V. Flores, Jennifer Mason Mcaward

Washington University Law Review

Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme Court held that Section 2 permits Congress to define the badges and incidents of slavery and pass all laws necessary and proper for their abolition. Congress has passed a number of civil rights laws under this understanding of its Section 2 power. Several commentators have urged Congress to define the badges and incidents of slavery expansively and to use Section 2 to address everything from racial profiling to discrimination on the basis of gender and ...


Strategic Enforcement, Margaret H. Lemos, Alex Stein 2010 Duke Law School

Strategic Enforcement, Margaret H. Lemos, Alex Stein

Faculty Scholarship

No abstract provided.


Lessons Of Disloyalty In The World Of Criminal Informants, Michael Rich 2009 Elon University School of Law

Lessons Of Disloyalty In The World Of Criminal Informants, Michael Rich

Michael L Rich

Without informants, policing would grind to a halt. The majority of drug and organized crime prosecutions hinge on the assistance of confidential informants, and white collar prosecutions and anti-terrorism investigations increasingly depend on them. Yet society by and large hates informants. The epithets used to describe them – “snitch,” “rat,” and “weasel,” among others – suggest the reason: the informant, by assisting the police, is guilty of betrayal. And betrayal is, in the words of George Fletcher, “one of the basic sins of our civilization.” But identifying disloyalty as the reason for society’s disdain raises more questions than it answers. Are ...


Responding To Gun Crime In Ireland, Liz Campbell 2009 University of Aberdeen

Responding To Gun Crime In Ireland, Liz Campbell

Liz Campbell

From stereotypical views of Ireland as a peaceful and ‘low crime’ society, the media and policy makers now report the worsening of gun crime, in particular crimes of homicide committed by firearm. Despite this sometimes hyperbolic popular commentary, serious and fatal gun crime has indeed increased. In reacting through extraordinary legal measures, the Irish state adopts an unduly narrow perspective, predicated on a rational actor model; what this paper seeks to do is put forward two more profitable and persuasive means of analysis, by focusing on social deprivation and the expression of masculinity.


The Scottish Dna Database And The Criminal Justice And Licensing (Scotland) Bill, Liz Campbell 2009 University of Aberdeen

The Scottish Dna Database And The Criminal Justice And Licensing (Scotland) Bill, Liz Campbell

Liz Campbell

In Scotland, at present, DNA samples may be obtained from anyone arrested, and then retained indefinitely after conviction in the criminal courts and for limited periods following acquittal for certain serious offences. The Criminal Justice and Licensing (Scotland) Bill proposes to extend this to allow retention of DNA data obtained from children who have committed sexual or violent offences and who are being dealt with by the children’s hearings system. The Bill will also articulate explicitly the permitted uses of retained DNA data. This note comments on the problematic aspects of these proposals.


Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan 2009 Faculty of Law, University of Haifa

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias ...


The Recovery Of ‘Criminal’ Assets In New Zealand, Ireland And England: Fighting Organised Crime In The Civil Realm, Liz Campbell 2009 University of Aberdeen

The Recovery Of ‘Criminal’ Assets In New Zealand, Ireland And England: Fighting Organised Crime In The Civil Realm, Liz Campbell

Liz Campbell

This article considers the recent introduction of the Criminal Proceeds (Recovery) Act 2009 in New Zealand, and compares it with the established processes of civil asset recovery in Ireland, England and Wales. Salient differences between the models are examined, including the more expansive definitions in Ireland. The paper posits that the recovery process in these three jurisdictions in fact is a criminal one which merits the adoption of due process rights, given the promotion of the aims of punishment, the centrality of the targeted individual’s culpability, and the powers of the agencies involved. However, the extant jurisprudence in Ireland ...


The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez 2009 The University of Michigan Law School

The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez

Héctor Zayas Gutiérrez

The purposes of this presentation are to (1) elucidate main principles of the Criminal Law of the Enemy Theory, (2) explain how the criminal law of the enemy has been adopted and expanded in the US legal system, and (3) give a quick glimpse to some comparative law examples on the Criminal Law of the Enemy Theory applications. Criminal Law of the Enemy, Enemy Criminal Law, Derecho Penal del Enemigo.


Criminal Law In Ireland: Cases And Commentary, Liz Campbell 2009 University of Aberdeen

Criminal Law In Ireland: Cases And Commentary, Liz Campbell

Liz Campbell

Criminal Law: Cases and Commentary is a new book from Clarus Press designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland. It attempts to address a comprehensive range of issues including, the definition of a crime, its various classifications, the imposition of liability, the range of substantive criminal law offences, the procedural rules that shape the pre-trial and trial processes and the possible defences that may arise. It provides students with a broad range of perspectives including formal case law, statutory and constitutional provisions, academic commentaries and Law ...


Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug 2009 Lund University, Faculty of Law

Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug

Ulf Maunsbach

No abstract provided.


One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo 2009 University of San Francisco School of Law

One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo

Richard Leo

In this article the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. The authors argue that traditional sources of error (eyewitness misidentification, false confessions, perjured testimony, forensic error, tunnel ...


Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo 2009 University of San Francisco

Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo

Richard Leo

This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding individual vulnerability to false confession over situation-based testimony describing how the context or nature of interrogation can promote false confessions. The authors argue that it is important to understand both the forces of influence within police interrogations and the individual differences that enhance vulnerability to these forces. Most false confessions occur in the context of interrogation and in response to the sources of distress and persuasive tactics of the interrogation. For this reason, this article suggests that experts asked to evaluate an interrogation-induced confession should ...


Aproximación A La Implementación De Los Programas De Clemencia Como Instrumentos Del Derecho De La Competencia (Approach To The Implementation Of Leniency Programs As Competition Law Instruments), Jesús Soto 2009 Universidad Externado de Colombia

Aproximación A La Implementación De Los Programas De Clemencia Como Instrumentos Del Derecho De La Competencia (Approach To The Implementation Of Leniency Programs As Competition Law Instruments), Jesús Soto

Jesús Alfonso Soto Pineda

En el presente escrito se expone como una realidad del mercado, la presencia de acuerdos restrictivos de la libre competencia. Se presentan las políticas de clemencia como instrumento efectivo del Derecho en el combate contra el Cartel y las prácticas colusorias. Se realiza un análisis comparativo de una elección de territorios que han implementado los programas de clemencia y se estructuran los inconvenientes que comúnmente afectan dicho sistema, así como los paliativos escogidos que han generado un mayor nivel de eficacia en el mismo. Los aprendizajes logrados en torno a la implementación de programas de clemencia en pasos ya recorridos ...


Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume 2009 Columbia Law School at Catholic University

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed ...


Commentary On Predicting Crime, Tom Bell 2009 Chapman University, Fowler School of Law

Commentary On Predicting Crime, Tom Bell

Tom W. Bell

The market mechanisms proposed in Predicting Crime offer many virtues. The authors describe several of these—unbiased information collection; incentives that encourage disclosure; opinions weighted by conviction; information aggregation; instantaneous and continuous feedback—and convincingly argue that these structural features stand to help prediction markets outperform alternative institutions in forecasting the interplay of crime rates and crime polices. In that, Predicting Crime adopts an economic point of view and speaks in terms of practical experience. After all, similar structural features have already appeared in other successful prediction markets, such as those offering trading in claims about the weather, flu outbreaks ...


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