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The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke 2017 The Graduate Center, City University of New York

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights ...


Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe 2016 Tulane University School of Law

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.


The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia 2016 University of Wollongong

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Dr Gabriel Garcia

After the onset of the Asian Financial Crisis, the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries, they have disentangled themselves from the conditionality of the International Monetary Fund (IMF) and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. The article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence and explores the potential consequences of the rise of middle-income nations for Law and Development.


A Duty To Document, Marc Kosciejew 2016 University of Malta

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of ...


Teaching Subjectively: Interdisciplinary Insights, Stacy Douglas, Betina Kuzmarov, Karen Schwartz, Mira Sucharov, Sarah L. Todd 2016 Carleton University

Teaching Subjectively: Interdisciplinary Insights, Stacy Douglas, Betina Kuzmarov, Karen Schwartz, Mira Sucharov, Sarah L. Todd

The Canadian Journal for the Scholarship of Teaching and Learning

This article of linked, short essays reflecting on the experiences of five female scholars across three disciplines — law, social work and political science - draws upon Britzman’s (1991) notion of the “dialogic discourse” to explore how these professors’ sense of self is constituted through interplay with colleagues and their perceptions of students within the classroom. The authors explore the teacher/learner relationship as a dialogue within which learners and educators shape each other as they come to understand how and what they know. What the collection makes explicit is what is often only implicit, that the ways in which professors ...


Reformers Against The Clock, William Sloan Greenawalt 2016 St. John's University School of Law

Reformers Against The Clock, William Sloan Greenawalt

The Catholic Lawyer

No abstract provided.


Too Little, Too Late?, Revius O. Ortique, Jr. 2016 St. John's University School of Law

Too Little, Too Late?, Revius O. Ortique, Jr.

The Catholic Lawyer

No abstract provided.


Alternate Legal Assistance Plans, John D. Robb 2016 St. John's University School of Law

Alternate Legal Assistance Plans, John D. Robb

The Catholic Lawyer

No abstract provided.


Trends In Legal Services For The Poor, Junius L. Allison 2016 St. John's University School of Law

Trends In Legal Services For The Poor, Junius L. Allison

The Catholic Lawyer

No abstract provided.


The O.E.O. Legal Services Program, Earl Johnson, Jr. 2016 St. John's University School of Law

The O.E.O. Legal Services Program, Earl Johnson, Jr.

The Catholic Lawyer

No abstract provided.


Police Education And Training: A Comparative Analysis Of Law Enforcement Preparation In The United States And Canada., Citlali Alexandra Déverge 2016 University of Southern Mississippi

Police Education And Training: A Comparative Analysis Of Law Enforcement Preparation In The United States And Canada., Citlali Alexandra Déverge

Master's Theses

Police academy training for newly hired officers varies across locations and regions in regard to both training process and training content. The needs and demands of modern-day societies have evolved, and it is very important for police training academies to keep up with the practice of the police profession. Higher education adds value to police training as it reinforces the development of critical thinking skills and the necessary values needed to face the needs and demands of society, particularly in terms of accountability, professionalism, and legitimacy. This research presents a case study of two police training academies located in a ...


Testing Specific Deterrence In The National Basketball Association: An Application Of Beccaria's Theory Of Deterrence, Michael McCutcheon 2016 East Tennessee State University

Testing Specific Deterrence In The National Basketball Association: An Application Of Beccaria's Theory Of Deterrence, Michael Mccutcheon

Electronic Theses and Dissertations

While the concept of deterrence has been applied to punishment in America’s criminal justice system, the empirical data is mixed on whether is effectively deters crime. This lack of consensus may be a result of missing elements from deterrence theory; namely, that punishment is often neither swift nor certain. Similar to the criminal justice system, professional sports leagues aim to control behavior of athletes by having guidelines that, when violated, result in punishment. However, these punishments are delivered much quicker and there is a higher level of certainty. The current study examines specific deterrence in the National Basketball Association ...


Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker 2016 East Tennessee State University

Policing Postsecondary Education: University Police Legitimacy And Fear Of Crime On Campus, Christina N. Barker

Electronic Theses and Dissertations

Assessing the perceptions that students have of the university police officers charged with ensuring student safety is important to maintaining the overall safety of the campus. The current study sought to assess the relationship between student perceptions of university police and the fear of crime felt by students while on campus. Data collection was conducted through a survey methodology using a convenient sample of students in which a self-report survey was sent to the university email addresses of all students enrolled in a southeastern university (n=260). Through the employment of a scale developed to assess the perceptions of university ...


Crossing Borders: Mexican Drug Trafficking Organizations Influence On Interstate Gang Structure, Stacey Michelle Goldberg 2016 California State University - San Bernardino

Crossing Borders: Mexican Drug Trafficking Organizations Influence On Interstate Gang Structure, Stacey Michelle Goldberg

Electronic Theses, Projects, and Dissertations

Not only has gang membership been expanding, but the formation of cooperative ties with Mexican drug trafficking organizations (MDTOs) has been increasing as well. Collaborative relationships with MDTOs appear to be the driving force behind the continuing gang expansion and its subsequent effects. Using social network analysis, this study examines the linkage between MDTOs and American-based gang activity and the potential influence that MDTOs may have in U.S. drug market through their associations with American street gangs. Findings show the MDTOs to be extensively linked to each other by their affiliations with U.S. gangs, and a high level ...


"I Can Haz Applicants": An Analysis Of Police Recruitment And Marketing Through Social Media, Kelly Lee Helldorfer 2016 University of Southern Mississippi

"I Can Haz Applicants": An Analysis Of Police Recruitment And Marketing Through Social Media, Kelly Lee Helldorfer

Master's Theses

In recent decades, the Internet has flourished with the advancement of social media: apps, blogs, social networking, multimedia sources, podcasts, and more. Consequently, the Millennial Generation has grown up immersed in both the Internet and social media networks differently than previous generations. Due to the rapid expansion of social media outlets and their effects on future employees, police departments must consider their agency “brand” and how effectively they market their departments to this generation for the purpose of recruitment both on the Internet and with social media platforms.

This research analysis employed a netnography to examine 500 police websites and ...


The Inaugural Issue Of Dignity, Donna M. Hughes 2016 University of Rhode Island

The Inaugural Issue Of Dignity, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


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