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Articles 421 - 450 of 1182
Full-Text Articles in Entire DC Network
“The Obscenities Of This Country”: Canada V. Bedford And The Reform Of Canadian Prostitution Laws , Lauren Sampson
“The Obscenities Of This Country”: Canada V. Bedford And The Reform Of Canadian Prostitution Laws , Lauren Sampson
Duke Journal of Gender Law & Policy
No abstract provided.
Psychological Jurisprudence And The Power Of Law: A Critique Of North Carolina’S Woman’S Right To Know Act, Bruce A. Arrigo, Jessica L. Waldman
Psychological Jurisprudence And The Power Of Law: A Critique Of North Carolina’S Woman’S Right To Know Act, Bruce A. Arrigo, Jessica L. Waldman
Duke Journal of Gender Law & Policy
No abstract provided.
Treatment Of International Human Rights Violations In The United States , Johan D. Van Der Vyver
Treatment Of International Human Rights Violations In The United States , Johan D. Van Der Vyver
Duke Forum for Law & Social Change
No abstract provided.
The Judicial Expansion Of American Exceptionalism , Rachel López
The Judicial Expansion Of American Exceptionalism , Rachel López
Duke Forum for Law & Social Change
No abstract provided.
Crossing The Line: An Analysis Of Problems With Classifying Recidivist Misdemeanor Offenses As Felonies, Andrew Katbi
Crossing The Line: An Analysis Of Problems With Classifying Recidivist Misdemeanor Offenses As Felonies, Andrew Katbi
Alaska Law Review
Alaska is in the minority of states that apply felony charges based on a defendant's history of misdemeanor violations. This approach to the challenges of criminal recidivism, however, creates both constitutional and prudential problems. While Alaska enjoys considerable latitude in its sentencing policies, this form of misdemeanor reclassification raises concerns about proportionality under the Eighth Amendment, double jeopardy under the Fifth Amendment, and poses dilemmas for participants in the pleabargaining process. This Note examines these problems and proposes a graduated approach to sentencing enhancement. By increasing punishment gradually and preventing recidivist misdemeanants from crossing the misdemeanor-felony border as quickly, Alaska …
Fighting Fire With Fire: Technology In Child Sex Trafficking, Mary Graw Leary
Fighting Fire With Fire: Technology In Child Sex Trafficking, Mary Graw Leary
Duke Journal of Gender Law & Policy
No abstract provided.
Child, Victim, Or Prostitute? Justice Through Immunity For Prostituted Children , Tessa L. Dysart
Child, Victim, Or Prostitute? Justice Through Immunity For Prostituted Children , Tessa L. Dysart
Duke Journal of Gender Law & Policy
No abstract provided.
Emerging Victimhood: Moving Towards The Protection Of Domestic Juveniles Involved In Prostitution , Nikki J. Hasselbarth
Emerging Victimhood: Moving Towards The Protection Of Domestic Juveniles Involved In Prostitution , Nikki J. Hasselbarth
Duke Journal of Gender Law & Policy
No abstract provided.
Comparative Criminal Justice: An Institutional Approach, Nicola Lacey
Comparative Criminal Justice: An Institutional Approach, Nicola Lacey
Duke Journal of Comparative & International Law
No abstract provided.
Foreword, Jens Meierhenrich
Foreword, Jens Meierhenrich
Law and Contemporary Problems
The authors in this issue of Law and Contemporary Problems explore the everyday lives of international law. More specifically, the authors theorize and investigate select "practices" of the International Criminal Court (ICC), by which I mean recurrent and meaningful work activities—social or material—that are performed in a regularized fashion and that have a bearing, whether large or small, on the operation of the ICC. By conceiving the ICC as a bundle of practices rather than as a unitary actor whose performance is primarily governed by politics, I seek to re-direct the existing literature on the much debated international organization, which …
A Model Of International Judicial Administration? The Evolution Of Managerial Practices At The International Criminal Court, Philipp Ambach, Klaus U. Rackwitz
A Model Of International Judicial Administration? The Evolution Of Managerial Practices At The International Criminal Court, Philipp Ambach, Klaus U. Rackwitz
Law and Contemporary Problems
No abstract provided.
Defensive Practices: Representing Clients Before The International Criminal Court, Karim A. A. Khan Qc, Anand A. Shah
Defensive Practices: Representing Clients Before The International Criminal Court, Karim A. A. Khan Qc, Anand A. Shah
Law and Contemporary Problems
No abstract provided.
Dynamic Investigative Practice At The International Criminal Court , Alex Whiting
Dynamic Investigative Practice At The International Criminal Court , Alex Whiting
Law and Contemporary Problems
No abstract provided.
Representational Practices At The International Criminal Court: The Gap Between Juridified And Abstract Victimhood , Sara Kendall, Sarah Nouwen
Representational Practices At The International Criminal Court: The Gap Between Juridified And Abstract Victimhood , Sara Kendall, Sarah Nouwen
Law and Contemporary Problems
No abstract provided.
Moral Practices: Assigning Responsibility In The International Criminal Court , Joseph Hoover
Moral Practices: Assigning Responsibility In The International Criminal Court , Joseph Hoover
Law and Contemporary Problems
No abstract provided.
Practices Of Stigmatization, Frédéric Mégret
Practices Of Stigmatization, Frédéric Mégret
Law and Contemporary Problems
No abstract provided.
“We Cannot Allow Ourselves To Imagine What It All Means”: Documentary Practices And The International Criminal Court, Wouter G. Werner
“We Cannot Allow Ourselves To Imagine What It All Means”: Documentary Practices And The International Criminal Court, Wouter G. Werner
Law and Contemporary Problems
No abstract provided.
Not Your Older Brother’S Bonds: The Use And Regulation Of Social-Impact Bonds In The United States , Kevin W. Humphries
Not Your Older Brother’S Bonds: The Use And Regulation Of Social-Impact Bonds In The United States , Kevin W. Humphries
Law and Contemporary Problems
No abstract provided.
Divorcing Sexual Harassment From Sex: Lessons From The French, L. Camille Hébert
Divorcing Sexual Harassment From Sex: Lessons From The French, L. Camille Hébert
Duke Journal of Gender Law & Policy
No abstract provided.
Kaley V. United States: The Right To Counsel Of Choice Caught In The Wide Net Of Asset Forfeiture, Adam J. Fine
Kaley V. United States: The Right To Counsel Of Choice Caught In The Wide Net Of Asset Forfeiture, Adam J. Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Kaley v. United States, in which the Court may decide whether a defendant who needs potentially forfeitable assets to retain counsel of choice is entitled, under the Due Process Clause, to a hearing to challenge the grand jury's finding of probable cause.
Ghana’S Jury System On Trial, Dennis D. Adjei
Ghana’S Jury System On Trial, Dennis D. Adjei
Duke Law Master of Judicial Studies Theses
Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …
Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr.
Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr.
Duke Law Master of Judicial Studies Theses
The purpose of this paper is to ask whether North Carolina public service lawyers and judges believe that their judicial districts perform with maximum efficiency or whether there could be functional improvement with leadership and management training for system leaders, and with the perceived need of such training, as articulated by these professionals, what a general training model might look like. A brief examination of the institutionally provided leadership and management training offered to system leaders shows sparse resources are expended to develop leaders and train them so that they have the skills to direct individual organizations and change the …
Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell
Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell
Faculty Scholarship
Some judges and scholars have questioned the social value of the standard form in which the Securities and Exchange Commission settles its corporate enforcement actions, including the agency’s use of essentially unreviewed consent decrees that include no admission of liability or wrongdoing. This essay for a symposium on SEC enforcement provides an analysis of the deterrent effects of the three main components of settlements in public enforcement of law: liability, admission, and remedy. The conclusions are the following. All three components have beneficial deterrent effects. Cost considerations nonetheless justify some settlements that dispense with liability or admission, or even both. …
Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?, Sara Sun Beale
Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?, Sara Sun Beale
Faculty Scholarship
What explains the difference between the United States and the many other countries that have abolished capital punishment? Because the United States and many other nations that have abolished the death penalty are democracies, there seems to be an obvious answer: abolition or retention reflects the preferences of the electorate. According to this view, the U.S. electorate is simply more punitive, and the question becomes explaining the difference in national attitudes. There is some truth to this explanation. As I have argued elsewhere, the U.S. public generally does favor punitive criminal justice policies. But that cannot be the whole story. …
Hawking Hyphens In Compound Modifiers, Joan Ames Magat
Hawking Hyphens In Compound Modifiers, Joan Ames Magat
Faculty Scholarship
The first principle of legal writing is surely its clarity — visible actors (unless the action matters more), uncluttered syntax, and, of course, logical structure. But the little things can matter to clarity, too — such as deliberate punctuation that signifies. In the language of law, in which compound nouns are rife, the reader can feel adrift as to where modifiers end and the noun begins. (Consider government-subsidized health flexible-spending arrangement without those hyphens.) Hyphens help. Whether an author cares to hyphenate the noun is his call; but hyphenating compound modifiers (also called phrasal adjectives, though they may include adverbs …
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability, Sara Sun Beale
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability, Sara Sun Beale
Faculty Scholarship
In the United States, corporate criminal liability developed in response to the industrial revolution and the rise in the scope and importance of corporate activities. This article focuses principally on federal law, which bases corporate criminal liability on the respondeat superior doctrine developed in tort law. In the federal system, the formative period for the doctrine of corporate criminal liability was the early Twentieth Century, when Congress dramatically expanded the reach of federal law, responding to the unprecedented concentration of economic power in corporations and combinations of business concerns as well as new hazards to public health and safety. Both …
“White Collar” Crimes, Samuel W. Buell
“White Collar” Crimes, Samuel W. Buell
Faculty Scholarship
In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …
Eyewitness Identifications And Police Practices In Virginia, Brandon L. Garrett
Eyewitness Identifications And Police Practices In Virginia, Brandon L. Garrett
Faculty Scholarship
Over three decades of social science research has powerfully shown that lineup procedures really matter and that eyewitness errors predictable result from substandard lineups. Yet traditionally, many police departments had no written policies at all on conducting photo arrays or lineups. In response, more police departments, prosecutors, state courts and legislatures have acted to improve identification procedures. Although much has changed in the past decade, less is known about how many police departments have not yet adopted best practices. This Essay reports the results of a 2013 survey conducted of lineup procedures in Virginia, where a new state model policy …
Big Data And Due Process, Brandon L. Garrett
Big Data And Due Process, Brandon L. Garrett
Faculty Scholarship
Today, electronic footprints may follow us wherever we go. Electronic traces, left through a smartphone or other device, can be tracked to the scene of a crime, or they can place a person far from a crime scene. By the same token, individuals may be falsely implicated due to errors in large government or commercial databases, and evidence of innocence may linger in such archives without ever coming to light. Professors Joshua Fairfield and Erik Luna and have done an important service by carefully introducing the problem of “digital innocence” and marking out areas in need of clear thinking and …
Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones
Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones
Faculty Scholarship
No abstract provided.