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Northwestern Pritzker School of Law

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The Need For A Research Culture In The Forensic Sciences, Jonathan Koehler, Jennifer L. Mnookin, Simon A. Cole, Barry A.J. Fisher, Itiel E. Dror, Max Houck, Kieth Inman, David H. Kaye, Glenn Langenburg, D. Michel Risinger, Norah Rudin, Jay Siegel Jan 2011

The Need For A Research Culture In The Forensic Sciences, Jonathan Koehler, Jennifer L. Mnookin, Simon A. Cole, Barry A.J. Fisher, Itiel E. Dror, Max Houck, Kieth Inman, David H. Kaye, Glenn Langenburg, D. Michel Risinger, Norah Rudin, Jay Siegel

Faculty Working Papers

The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts' long-standing acceptance of forensic science evidence, the relative dearth of known errors, and the skill and experience of practitioners. This Article reflects an effort made by a diverse group of participants in these debates, including law professors, academics from several disciplines, and practicing forensic scientists, to find and explore …


On The Connection Between Law And Justice, Anthony D'Amato Jan 2011

On The Connection Between Law And Justice, Anthony D'Amato

Faculty Working Papers

What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …


Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System, Zev J. Eigen, Adam Seth Litwin Jan 2011

Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System, Zev J. Eigen, Adam Seth Litwin

Faculty Working Papers

Until now, empirical research has been unable to reliably identify the impact of organizational dispute resolution systems (DRSs) on the workforce at large, in part because of the dearth of data tracking employee perceptions pre- and post- implementation. This study begins to fill this major gap by exploiting survey data from a single, geographically-expansive, US firm with well over 100,000 employees in over a thousand locations. The research design allows us to examine employment relations and human resource (HR) measures, namely, perceptions of justice, organizational commitment, and perceived legal compliance, in the same locations before and after the implementation of …


Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Morris Mcdonnell Jan 2011

Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Morris Mcdonnell

Faculty Working Papers

Blameworthiness, in the criminal law context, is conceived as the carefully calculated end product of discrete judgments about a transgressor's intentionality, causal proximity to harm, and the harm's foreseeability. Research in social psychology, on the other hand, suggests that blaming is often intuitive and automatic, driven by a natural impulsive desire to express and defend social values and expectations. The motivational processes that underlie psychological blame suggest that judgments of legal blame are influenced by factors the law does not always explicitly recognize or encourage. In this Article we focus on two highly related motivational processes – the desire to …


Seize The Little Moment: Justice For The Child 20 Years At The Children And Family Justice Center, Bernardine Dohrn Jan 2011

Seize The Little Moment: Justice For The Child 20 Years At The Children And Family Justice Center, Bernardine Dohrn

Northwestern Journal of Law & Social Policy

No abstract provided.


Failing Juvenile Courts, And What Lawyers And Judges Can Do About It, Emily Buss Jan 2011

Failing Juvenile Courts, And What Lawyers And Judges Can Do About It, Emily Buss

Northwestern Journal of Law & Social Policy

No abstract provided.


The Children & Family Justice Center's 20th Anniversary: Splendid Accomplishments And A Wonderful Future, Thomas F. Geraghty Jan 2011

The Children & Family Justice Center's 20th Anniversary: Splendid Accomplishments And A Wonderful Future, Thomas F. Geraghty

Northwestern Journal of Law & Social Policy

No abstract provided.


From Cook County To Pretoria: A Long Walk To Justice For Children, Dr. Ann Skelton Jan 2011

From Cook County To Pretoria: A Long Walk To Justice For Children, Dr. Ann Skelton

Northwestern Journal of Law & Social Policy

This Article begins by recording the history of the development of juvenile justice in the United States and explores the extent to which that system influenced South Africa's child justice system. The Article argues that because South Africa never fully embraced a separate juvenile justice model children were subjected to the mainstream criminal justice system in South Africa during the whole of the twentieth century. The end of apartheid, however, created opportunities for transformation of the law. This Article explains why, at that time, the United States was not setting a positive example for reformers to follow. Finally, this article …


Designing More Effective Laws Against Human Trafficking, Siddharth Kara Jan 2011

Designing More Effective Laws Against Human Trafficking, Siddharth Kara

Northwestern Journal of Human Rights

This paper seeks to provide an analytical framework for designing more effective laws against human trafficking. The United Kingdom will be used as a case study to identify specific changes to the sentencing provisions of anti-trafficking legislation that must be made in order to achieve a more effective response to human trafficking and other forms of slavery in the world today. First, economic penalties for human trafficking offences must be elevated to a level that effectively inverts the high profit, low risk business profile that fuels demand among offenders to acquire and exploit trafficked slaves. Second, trafficking laws should be …


Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective , Valerie Oosterveld Jan 2011

Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective , Valerie Oosterveld

Northwestern Journal of Human Rights

No abstract provided.


Atrocity Crimes Litigation: Year-In-Review (2010) Conference M. Cherif Bassiouni Jan 2011

Atrocity Crimes Litigation: Year-In-Review (2010) Conference M. Cherif Bassiouni

Northwestern Journal of Human Rights

No abstract provided.


Asian Developments In Access To Counsel: A Comparative Study, Aurora E. Bewicke Jan 2011

Asian Developments In Access To Counsel: A Comparative Study, Aurora E. Bewicke

Northwestern Journal of Human Rights

Recent developments and initiatives have sought to improve criminal justice systems all across Asia. These efforts have been the result of internal progress, global movements, and cooperative exchange. This paper provides a comparative study on access to counsel for criminal defendants in Asia, focusing on examples in Cambodia, China, India, Indonesia, Malaysia, and the Philippines. Legal analysis and case studies from each of these countries are utilized to demonstrate comparative modes of progress and models for pilot projects in access to counsel and beyond. In addition, this paper briefly explores the effects of an increasingly global criminal justice system on …


Autonomy And "Gray Area" Pro Se Defendants: Ensuring Competence To Guarantee Freedom, Jona Goldschmidt Jan 2011

Autonomy And "Gray Area" Pro Se Defendants: Ensuring Competence To Guarantee Freedom, Jona Goldschmidt

Northwestern Journal of Law & Social Policy

No abstract provided.


Social And Biological Constructions Of Youth: Implications For Juvenile Justice And Racial Equity, Patricia Soung Jan 2011

Social And Biological Constructions Of Youth: Implications For Juvenile Justice And Racial Equity, Patricia Soung

Northwestern Journal of Law & Social Policy

No abstract provided.


Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster Jan 2011

Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.


Capacity-Building Efforts Of The Ictr: A Different Kind Of Legacy , Adama Dieng Jan 2011

Capacity-Building Efforts Of The Ictr: A Different Kind Of Legacy , Adama Dieng

Northwestern Journal of Human Rights

No abstract provided.


Atrocity Crimes Litigation: Year-In-Review (2010) Conference Abridged Transcript Jan 2011

Atrocity Crimes Litigation: Year-In-Review (2010) Conference Abridged Transcript

Northwestern Journal of Human Rights

No abstract provided.


Prepared Keynote Remarks: Minimizing Youth Incarceration: A Civilizing Aspiration?, Bart Lubow Jan 2011

Prepared Keynote Remarks: Minimizing Youth Incarceration: A Civilizing Aspiration?, Bart Lubow

Northwestern Journal of Law & Social Policy

No abstract provided.


Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe Jan 2011

Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe

Journal of Criminal Law and Criminology

No abstract provided.


Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984–2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell Jan 2011

Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984–2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell

Journal of Criminal Law and Criminology

No abstract provided.


Sex Offender Exceptionalism And Preventative Detention, Corey Rayburn Yung Jan 2011

Sex Offender Exceptionalism And Preventative Detention, Corey Rayburn Yung

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports Jan 2011

The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.


The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier Jan 2011

The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier

Journal of Criminal Law and Criminology

No abstract provided.


Class Matters, Erica J. Hashimoto Jan 2011

Class Matters, Erica J. Hashimoto

Journal of Criminal Law and Criminology

No abstract provided.


The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith Jan 2011

The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith

Journal of Criminal Law and Criminology

No abstract provided.


The Devastating Impact Of Prior Crimes Evidence And Other Myths Of The Criminal Justice Process, Larry Laudan, Ronald J. Allen Jan 2011

The Devastating Impact Of Prior Crimes Evidence And Other Myths Of The Criminal Justice Process, Larry Laudan, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.


Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill Jan 2011

Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill

Journal of Criminal Law and Criminology

No abstract provided.


Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin Jan 2011

Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin

Journal of Criminal Law and Criminology

No abstract provided.


The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li Jan 2011

The Criminalization Of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, Bryan H. Druzin, Jessica Li

Journal of Criminal Law and Criminology

No abstract provided.


Repudiating Death, William W. Berry Iii Jan 2011

Repudiating Death, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.