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Articles 2041 - 2070 of 53121
Full-Text Articles in Entire DC Network
Worker Protection Or Commercial Facilitation: The British Empire, Labor Governance And The Gradual Invisibilization Of Labor Coercion During The Age Of High Imperialism, Christopher Roberts, Michelle Ong
Worker Protection Or Commercial Facilitation: The British Empire, Labor Governance And The Gradual Invisibilization Of Labor Coercion During The Age Of High Imperialism, Christopher Roberts, Michelle Ong
Seattle Journal for Social Justice
This article considers labor governance and coercive labor practices in the British Empire between the late nineteenth and early twentieth centuries. In particular, it focuses its attention on several major commissions of inquiry undertaken around the British Empire in the period, as well as reforms that took place alongside those inquiries. In part, the article concludes these reforms were motivated by protective purposes, demonstrating some degree of genuine concern with workers’ well-being. More significantly, however, it finds these reforms were motivated by British imperial desire to ensure stable labor supplies, enhance the legitimacy of the British Empire, and establish more …
U.S. Residents' Current Attitudes Towards Immigrants And Immigration: A Study From The Life In Hampton Roads Survey, Daniel K. Pryce
U.S. Residents' Current Attitudes Towards Immigrants And Immigration: A Study From The Life In Hampton Roads Survey, Daniel K. Pryce
Sociology & Criminal Justice Faculty Publications
Immigration is a fiery topic in U.S. society, as it generally brings to a boil native-born citizens’ disparate attitudes toward immigrants and immigration. While immigration has its fierce supporters and opponents alike, the topic provides fodder for politicians who use it to stoke the fear of an impending “immigrant invasion” among citizens. This is why scholars must regularly undertake empirical studies to assess community members’ views about immigrants and immigration in U.S. society. To add to the contemporary immigration debate, I analyze data from a random sample of 610 respondents who reside in the seven cities that make up the …
Is The Defendant Mad Or Bad? The Association Between Mental Health, Race And Sex In Sentencing In Federal Courts, Tracy Sohoni, Sylwia Piatkowska, Briana Paige
Is The Defendant Mad Or Bad? The Association Between Mental Health, Race And Sex In Sentencing In Federal Courts, Tracy Sohoni, Sylwia Piatkowska, Briana Paige
Sociology & Criminal Justice Faculty Publications
Although US courts regularly sentence individuals with mental health problems, to date, there has been little research on whether mental health indicators are related to sentencing decisions. The focal concerns perspective suggests that sentencing decisions reflect perceptions of the blameworthiness of the defendant, concerns about protecting the community, and practical considerations. Potentially, mental health issues could serve as a mitigating factor in sentencing decisions by making defendants seem less culpable for their actions and more deserving of assistance rather than punishment, and/or due to concerns about practical considerations related to higher costs of incarceration or of exacerbating current mental health …
Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell
Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell
Kentucky Law Journal
No abstract provided.
“Forced Worship Stinks In God’S Nostrils”: The Inquisition, Sepharad, And The American Experiment, Isaac Amon
“Forced Worship Stinks In God’S Nostrils”: The Inquisition, Sepharad, And The American Experiment, Isaac Amon
Touro Law Review
In December 1791, the Bill of Rights, comprising the first 10 amendments to the U.S. Constitution, enshrined fundamental protections for individual freedoms, with the First Amendment guaranteeing liberty of conscience. This milestone, however, was the culmination of centuries of struggle. The arrival of Iberian Jews, including conversos, in North America played a pivotal role in shaping the course of American history. The Founders referenced the Inquisition in their letters and debates, particularly in discussions on legal protections for criminal suspects and the broader issue of religious liberty. Founding assurances of religious freedom to Jews and Christians stand in stark contrast …
Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum
Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum
Touro Law Review
This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …
Penderitaan Tanpa Ukuran: Mengapa Kuhap Harus Segera Mengatur Kerugian Imateriil?, Setiani Budi Utami, Mardian Putra Frans
Penderitaan Tanpa Ukuran: Mengapa Kuhap Harus Segera Mengatur Kerugian Imateriil?, Setiani Budi Utami, Mardian Putra Frans
Jurnal Hukum & Pembangunan
Law enforcement must ensure that the justice process operates in accordance with the principles of true justice. The criminal justice system in Indonesia emerged as a response to public dissatisfaction with the performance of law enforcement agencies that overly emphasized formal law and order alone, without regard for human dignity. The preamble of the Criminal Procedure Code (KUHAP) affirms that this system aims to protect human dignity, thus substantive justice must be prioritized. In this context, human rights, particularly the protection of crime victims, become crucial. However, in practice, victims are often marginalized, especially regarding compensation for immaterial damages that …
Ai Artists On The Stand: Bias Against Artificial Intelligence-Generated Works In Copyright Law, W. Michael Schuster, Joseph J. Avery
Ai Artists On The Stand: Bias Against Artificial Intelligence-Generated Works In Copyright Law, W. Michael Schuster, Joseph J. Avery
Scholarly Works
Generative artificial intelligence (AI) is revolutionizing the creation of art, literature, and music, challenging the boundaries of intellectual property law. To date, scholars have primarily focused on AI's authorship/entity status and the regulation of its use, overshadowing a critical issue: how AI's involvement in creative processes influences legal judgments in copyright disputes. Our empirical research reveals systemic bias against AI-generated works in such legal matters. In our studies, participants read about a company that had hired either a human designer (condition one) or a generative AI art system (condition two) to produce works of art, and those works of art …
Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Alexander W. Scherr
Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Alexander W. Scherr
Scholarly Works
This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …
Values-Ambiguous Clinics, Willow Tracy
Values-Ambiguous Clinics, Willow Tracy
Scholarly Works
As law school clinical programs have grown in recent decades, many of the newer offerings focus on business law, entrepreneurship, intellectualproperty, and technology. It is commonly presumed that social justice values, such as the amelioration ofpoverty or theprotection offundamental rights, are notfoundational goals of these non-traditional clinics. This Article calls these clinics "values-ambiguous" to highlight the frequent uncertainty and skepticism about their relationship to traditional clinical social justice values. Importantly, "values-ambiguous"does not describe a quality of the clinic itself it describes a quality ofperception of the clinic. In other words, "values-ambiguous clinics" are clinics that are typically not perceived as …
Active Learning Seminar Assignment: Broken Windows Perusall Activity, Penny Geyer
Active Learning Seminar Assignment: Broken Windows Perusall Activity, Penny Geyer
Open Educational Resources
This collaborative reading assignment created by Professor Penny Geyer was created as part of a seminar on Active Learning using OERs in 2025. The assignment uses the social annotation tool, Perusall, to transform a traditional reading assignment into an active learning exercise that encourages close reading, peer engagement and structured discussion of the foundational text, "Broken Windows" by James Wilson and George Kelling.
In Defense Of Pardons, Stephen E. Henderson
In Defense Of Pardons, Stephen E. Henderson
Faculty Articles
Pardons by the past two U.S. presidents—one Democratic and one Republican—have caused some to question the wisdom of executive clemency. American criminal justice is imperfect, such critics of course recognize, but here the cure might be worse than the disease. If pardons have become the playthings of would-be monarchs and tyrants, perhaps it is time to let them go. As a strong proponent of role-reversible criminal justice, I am sympathetic to this view—even in mercy, why is the decision of the single elite supplanting the will of the people? Still, I write in pardons’ defense. Not only are pardons an …
High Crimes In Low Airspace: The Rise Of Drones In Cross-Border Drug Trafficking, Hannah Haight
High Crimes In Low Airspace: The Rise Of Drones In Cross-Border Drug Trafficking, Hannah Haight
Journal of Air Law and Commerce
Can the United States effectively regulate its airspace when criminal actors exploit it without entering traditional territorial channels? Mexican drug trafficking organizations increasingly deploy drones to deliver narcotics across the U.S.–Mexico border. These flights often occur at low altitudes, at night, and in remote areas, which renders them nearly undetectable by conventional enforcement methods. Yet, no statute squarely addresses the use of drones in cross-border drug trafficking. The Federal Aviation Administration (FAA) regulates drones under the FAA Modernization and Reform Act of 2012, but its mandate is safety, not interdiction. The result? A growing technological asymmetry: criminal cartels innovate, while …
Tribute To Professor Kevin C. Mcmunigal, Michael J. Benza
Tribute To Professor Kevin C. Mcmunigal, Michael J. Benza
Case Western Reserve Law Review
No abstract provided.
Annotated Legal Bibliography
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Contested Sovereignty And Jurisdictional Flux In Oklahoma Indian Country 2025, Darla Jackson
Contested Sovereignty And Jurisdictional Flux In Oklahoma Indian Country 2025, Darla Jackson
Other Faculty Publications
No abstract provided.
Introduction: In Honor Of Professor Megan A. Fairlie, Antony Page
Introduction: In Honor Of Professor Megan A. Fairlie, Antony Page
FIU Law Review
No abstract provided.
Provisional Release At International Criminal Courts And Tribunals – Lessons Learned?, Ava Schuster, Göran Sluiter
Provisional Release At International Criminal Courts And Tribunals – Lessons Learned?, Ava Schuster, Göran Sluiter
FIU Law Review
This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional …
Adults Drug Court Model's Review: A Case Study, Byron R. Titus
Adults Drug Court Model's Review: A Case Study, Byron R. Titus
Antioch University Dissertations & Theses
In 1989 Dade County, Florida, the so-called “War on Drugs” was in full swing. As a result, drug courts were created, acting as a diversion program for the many people subsequently caught up in this “war.” Since then, such “specialty courts” have proliferated across the planet. In some cases, local versions have been adopted to adjust to their unique population, culture, risk, and needs. This dissertation is a case study that reviews three Intensive Probation Supervision Programs (IPSP). These IPSPs identify a drug court in their state or country before it becomes a “certified drug court” (now more often referred …
Implications Of The Second Chance Act For African American Females And Reentry: A Content Analysis Rooted In Critical Race Theory And Intersectionality, Tumia Romero
Antioch University Dissertations & Theses
This dissertation examines the content of the Second Chance Act (SCA) to understand its potential impact on the reentry of African American females into society, highlighting the intersectionality of race and gender within the criminal justice system. Despite the SCA’s intentions to facilitate the reintegration of incarcerated individuals, its language and implementation have mainly remained gender-neutral, not addressing the unique challenges faced by African American females. This study employs a qualitative content analysis approach to examine the Second Chance Act, assessing its effectiveness in addressing the social determinants and barriers to reentry that are specific to African American females. According …
How Pretrial Detention Deprives A Child’S Access To Education: The Convention On The Rights Of The Child And The Juvenile Justice Reform Act, Abby Groetsch
Human Rights Brief
Although the United States (“U.S.”) has not ratified the Convention on the Rights of the Child, which specifically outlines the rights of juvenile defendants, the Supreme Court’s interpretation of the Fifth and Fourteenth Amendments provides implicit rights for children accused of criminal acts. In 1967, the Supreme Court decided In re Gault, definitively establishing that the Due Process Clause of the Fourteenth Amendment applied to juvenile defendants. The Supreme Court has also stated that children should be treated differently than adults, outlining different sentencing requirements for crimes committed while a person is under the age of eighteen.
Foreword: The Geneva Conventions At 75: Need For Innovation, Michael P. Scharf, Annalie Buscarino
Foreword: The Geneva Conventions At 75: Need For Innovation, Michael P. Scharf, Annalie Buscarino
Case Western Reserve Journal of International Law
No abstract provided.
New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank
New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank
Case Western Reserve Journal of International Law
Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …
Table Of Contents, Loyola University Chicago International Law Review
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
The Damage Done: How The Disease Model Of Addiction Harms Marginalized People In Canada, Sara Gordon
The Damage Done: How The Disease Model Of Addiction Harms Marginalized People In Canada, Sara Gordon
All Faculty Publications
Over 50,000 Canadians have died of unregulated drug poisoning since 2016. And while the toxic drug crisis is the leading cause of death in British Columbia for people between the ages of 10 and 59, some British Columbians are at a higher risk than others. In 2023, First Nations people—who comprise 3.4% of BC’s population—accounted for 17.8% of its toxic drug deaths. Other marginalized communities are also at heightened risk: racialized people, young people, and people living in poverty or without shelter are all disproportionately impacted. These disparities reflect more than a public health crisis—they largely exist due to legal …
Scientific Educations Among U.S. Judges, Christa J. Laser
Scientific Educations Among U.S. Judges, Christa J. Laser
American University Law Review
Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% of federal judges have majors in …
Still Here: Reflections After Fifty Years Of Teaching Law, Ira P. Robbins
Still Here: Reflections After Fifty Years Of Teaching Law, Ira P. Robbins
American University Law Review
No abstract provided.
Officers’ Perceptions Of Body-Worn Cameras: An Exploratory Study Of Small Police Departments In Upstate New York, Stefan A. Dela Riva
Officers’ Perceptions Of Body-Worn Cameras: An Exploratory Study Of Small Police Departments In Upstate New York, Stefan A. Dela Riva
Electronic Theses & Dissertations (2024 - present)
The aim of this exploratory study is to examine how police officers perceive the impact of body-worn cameras (BWCs) on their use of discretion when communicating with members of the public. In this context, “discretion” refers to an officer’s authority to make independent judgments while enforcing the law; deciding whether to issue a warning, make an arrest, or resolve an incident informally when legality permits. To understand officers’ opinions, a cross-sectional, quantitative online survey was distributed to various police departments and sheriff’s offices in upstate New York. Participants completed a series of Likert-style survey items addressing their general views on …