Digital Commons Network^™

The Role Of Soft Law In International Securities Cooperation: The Implementation Of The Iosco Mmou, Christine Fimognari

Washington Semester Program

No abstract provided.

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

Penn State Journal of Law & International Affairs (2012 - Present)

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …

International Institutions And The Resource Curse, Patrick Keenan

Penn State Journal of Law & International Affairs (2012 - Present)

Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.

This article challenges the conventional wisdom and argues …

The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud

Penn State Journal of Law & International Affairs (2012 - Present)

In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …

The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen

Penn State Journal of Law & International Affairs (2012 - Present)

The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks.

The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram Dana

Penn State Journal of Law & International Affairs (2012 - Present)

Idealism about what international criminal justice mechanisms can achieve has lead to ideologically driven judicial decision-making in international criminal law (ICL). ICL idealism manifests itself in the belief that international criminal prosecutions can achieve an awesome array of goals. These include retribution, deterrence, reconciliation, rehabilitation, incapacitation, restoration, building a historical record, preventing revisionism, expressive and didactic functions, crystallizing international norms, general affirmative prevention, establishing peace, preventing war, vindicating international law prohibitions, setting standards for fair trials, combating impunity, and more. Ironically, this idealistic overreach, although usually well intended, has actually contributed to the politicization of the international judicial process.

The …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Penn State Journal of Law & International Affairs (2012 - Present)

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …

Foreword, Claudio Grossman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

In The Furtherance Of Justice, Injustice, Or Both? A Multilevel Analysis Of Courtroom Context And The Implementation Of Three Strikes, Elsa Y. Chen

Political Science

A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced. The analysis finds that discretion is widely exercised by elected prosecutors and judges in the administration of Three Strikes. Discretion functions as a “safety valve” and preserves some sentencing proportionality, but may also allow political concerns to influence sentencing decisions. A more conservative political environment is strongly associated with stricter application of the law. Consistent with racial threat theory, eligible felons are more likely to receive Three Strikes sentences in counties with larger Latino populations. However, the …

Juvenile Diversion Programs: High-Risk Youth And Their Effect On Offense Targeting, Chelsey R. Warner

Political Science Theses and Capstones

One of the largest problems that plague the juvenile justice system today is how to better handle juvenile crime without causing the juvenile to revert back to that behavior, but still helping them understand and acknowledge the crime they have committed. The state of Minnesota has created juvenile diversion programs as an attempt to aid in that endeavor. These programs however are under researched. The goal of this article is to shed some light on what those programs look like and how some counties programs vary from other programs on other counties; specifically focusing on the variation between offense-targeting for …

Volume 06, Kristen Gains, Amanda Willis, Holly Backer, Monika Gutierrez, Cara O'Neal, Sara Nelson, Sasha Silberman, Jessica Beardsley, Jamie Gardner, Edward Peeples, Matthew Sakach, Tess Lione, Emily Wilkins, Kelsey Holt, Jessica Page, Jamie Clift, Charles Vancampen, Gilbert Hall, Jenny Nehrt, Kasey Dye, Amanda Tharp, Jamie Leeuwrik, Ashley Mcgee, Emily Poulin, Michael Kropf, Nick Pastore, Austin Polasky, Morgan Glasco, Laura L. Kahler, Melinda L. Edwards, Brandon C. Smith, Mariah Asbell, Cabell Edmunds, Amelia D. Perry, Alyssa Hayes, Irina Boothe, Perry Bason, James Early

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Caught Between Folklore and the Cold War: The Americanization of Russian Children's Literature by Kristen Gains

Graphic Design by Amanda Willis

Graphic Design by Holly Backer

Prejudices in Swiss German Accents by Monika Gutierrez

Photography by Cara O'Neal

Photography by Sara Nelson

Edmund Tyrone's Long Journey through Night by Sasha Silberman

Photography by Jessica Beardsley

Photography by Jamie Gardner and Edward Peeples

The Republican Razor: The Guillotine as a Symbol of Equality by Jamie Clift

Graphic Design by Matthew Sakach

Genocide: The Lasting Effects of Gender Stratification in Rwanda By Tess Lione and Emily …

The United States Prison System: A Comparative Analysis, Rachel O'Connor

USF Tampa Graduate Theses and Dissertations

Throughout history the penal system has been viewed as the paramount means of dealing with criminals, though its function has transformed throughout time. It has served as a pit for detaining suspected criminals, a home for the vagrant, an institution for the insane, a dreaded place of repute, quarters for cleansing and renewal, and an establishment of cataloged charges. The trials and transformations of history have developed and shaped the institution that we recognize today. Presently, the United States prison population far exceeds that of any other country in the world. The political climate, tough on crime policies, determinate sentencing, …

Key Ingredients In The Rule Of Law Recipe: The Role Of Judicial Independence In The Effective Establishment Of The Rule Of Law, Lauren A. Shumate

USF Tampa Graduate Theses and Dissertations

In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries. Despite the fact that the concepts of judicial independence and the rule of law continue to be contested among political and legal scholars, popular wisdom and belief in the international community suggests that an independent judiciary is the cornerstone of a democratic, market-based society based on the rule of law. However, the disagreement over the extent to which an independent judiciary effects the establishment of the rule of law has …

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann

Political Science Faculty Research

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.

Prosecution Complex: America's Race To Convict And Its Impact On The Innocent, Kathleen M. Donovan

Political Science Faculty/Staff Publications

In lieu of an abstract, here is the review's first paragraph:

They say the first step to curing addiction is admitting that you have a problem. Daniel Medwed’s terrific book, PROSECUTION COMPLEX: AMERICA’S RACE TO CONVICT AND ITS IMPACT ON THE INNOCENT, attempts to do exactly that. The thesis of the book is laid out in the first few pages: prosecutors are professionally and politically incentivized to earn the greatest number of convictions. In conjunction with vast discretion over an individual’s case and powerful psychological forces that discourage prosecutors from critically entertaining the possibility of being wrong, an estimable but …

The Globalization Of Human Rights In Post-Genocide Rwanda, Sadara Shine

Bridges: A Journal of Student Research

In the past two decades, Rwanda has been through major changes, from a conflict-ridden society with deep divisions between the two main ethnic groups–Hutus and Tutsis–to a case of impressive economic growth. Despite the progress, deep divisions and human rights issues exist. To avoid the recurrence of any conflict, both state and non-state actors are playing varied roles in a post-genocide Rwanda. Based on both primary and secondary sources, this article argues that in an era of globalization and postgenocide in Rwanda, non-state actors like international non-governmental organizations have the most impact in the preservation of human rights. So, in …

Book Review: James Phelps, Jeff Dailey, And Monica Koenigsberg, Border Security, Robert J. Bunker

CGU Faculty Publications and Research

Robert J. Bunker reviews the book, Border Security, by James Phelps, Jeff Dailey, and Monica Koenigsberg. (Durham, NC: Carolina Academic Press, 2014)

Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla

Claremont-UC Undergraduate Research Conference on the European Union

This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The …

Health Professionals’ Attitude Towards Substance Abusers : A Part Of The Health Professionals’ Value And Belief System Which Prevails In Society, Ana Gotay

Master in Public Administration Theses

No abstract provided.

Three Strikes Legislation, Elsa Y. Chen

Political Science

Three Strikes and You're Out ("Three Strikes") laws mandate long sentences for certain habitual offenders, usually 25 years to life in prison for third-time violent offenders. Since 1993, Three Strikes has been implemented for federal offenses and in at least 25 states.

Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman

Honors Projects

The 21^st century is an era in which the dependence on technology is at an all-time high. The availability of information on social networking sites has recently sparked a debate in regards to jury impartiality. Over the last few years states such as Florida, Michigan, and New York have received scholastic attention for making changes to local jury instructions to ensure defendant’s rights of an impartial jury guaranteed by the Sixth Amendment. Federal national jury instructions addressing juror social media usage has also drawn attention. Little, however, scholastic attention has been directed towards Northwest Ohio. This project will look …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.

Aiming For Certainty: The Kanun, Blood Feuds And The Ascertainment Of Customary Law, Sandra F. Joireman

Political Science Faculty Publications

Customary law is an alternative legal framework to statute or public law. In the past the existence of customary law was viewed as problematic due to the uncertainty which accompanies legal pluralism. Increasingly, scholars are recognizing legal pluralism as simply a reality to be negotiated, rather than a problem. One frequently proposed solution to the difficulties posed by the existence of customary law is to write it down, or ascertain it, in order to provide for legal certainty. This article addresses this goal in three parts. The first part describes customary law and how it functions in its uncodified form …

Advice Or Consent: The U. S. Senate's Role In Confirming Supreme Court Nominees And The Robert H. Bork Confirmation Hearing, Marjory O'Leary

Undergraduate Research Awards

Examines the supposed partisanship that characterized the U.S. Senate confirmation hearings of Supreme Court nominee Robert H. Bork. The author's entry essay for the 2014 Undergraduate Research Awards is included.

State Child Welfare Policy: Causes And Consequences, Dana D. Connelly

Theses and Dissertations--Public Policy and Administration

On any given day almost 400,000 children in the United States are living in an out-of-home care placement due to government intervention. Federal law allows for substantial variance in state child welfare policy on a number of topics. These policy decisions, however, are understudied both in terms of the forces driving them and also the impacts the policies have on actual outcomes for children in care.

Utilizing a unique panel data set comprised of thirteen child welfare policies that vary both between states and over time we examine how well redistributive theory (constituent, institutional, paternalistic and resource pressures) explains state …

An Arbitrary Death? Capital Punishment And The Supreme Court, Truman Braslaw

Honors Papers

In the 1970s and 1980s, the Supreme Court decided three landmark cases on death penalty laws in the United States. While adjudicating these cases, the Court sought to address one of the central questions regarding capital punishment: can it be applied fairly? My paper attempts to understand how the Court found an answer to this question. I employ complementary frameworks of constitutional interpretation, formalism, and realism to suggest that the Court's focus on judicial restraint and its weak understanding of race and discrimination led it to conclude that capital punishment can be applied "fairly enough" for our constitutional system.

Sex, Slaves, And Saviors: Domestic And Global Agendas In U.S. Anti-Trafficking Policy, Chelsea L. Thompson

Scripps Senior Theses

In this thesis, I problematize the United States’ response to the global phenomenon characterized as human trafficking. The framing of trafficking as policy issue takes place in the context of politicized claims about the nature and prevalence of trafficking, its relation to the sex industry, and the kind of response that is required. U.S. anti-trafficking policy was built and shaped in the context of fears about immigration, global labor, and the sex industry. As a result, trafficking has been used to justify oppressive domestic reactions such as border crackdown, scrutiny of immigrant and sex worker communities, and victim “protection” that …

Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana H D Lavilla

Scripps Senior Theses

This thesis explores the relationship between international war crimes tribunals and peacebuilding in post-conflict societies. The aim of the present study was to examine how the role and function of international tribunals has changed since the establishment of the Nuremberg tribunal in the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding processes in the aftermath of conflict. As the first international tribunal mandated to restore international peace and security, the International Criminal Tribunal for the former …

Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz

Wayne State University Dissertations

Homeland Security, sponsored by governmental initiatives, has become a vibrant academic research field. However, most efforts were placed with the recognition of threats (e.g. theory) and response options. Less effort was placed in the analysis of the collected data through statistical modeling. In a field that collects more than 20 terabyte of information per minute though diverse overt and covert means and indexes it for future research, understanding how different statistical models behave when it comes to massively decayed data is of vital importance.

Using Monte Carlo methods, three regression techniques (ordinary least squares, least-trimmed, and maximum likelihood) were tested …

The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood

Scholarship@WashULaw

In the Dred Scott case, Justice Taney remarked that black people “had no rights which the white man was bound to respect.” In The Far-Reaching Shadow Cast by Ferguson, Professor Norwood questions whether, in today’s society, Justice Taney’s sentiment still holds true. Citing examples of recent police shootings and beatings of unarmed African-Americans and personal and family experiences, Professor Norwood argues that our country is broken and needs fixing. Professor Norwood concludes that we are not the ‘post-racial’ society we claim to be and that the Michael Brown shooting, among others, provides a watershed moment to confront our country’s underlying …