Digital Commons Network^™

American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq

Journal of Criminal Law and Criminology

No abstract provided.

Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies

Journal of Criminal Law and Criminology

No abstract provided.

Deadly Dilemmas Iii: Some Kind Words For Preventive Detention, Ronald J. Allen, Larry Laudan

Journal of Criminal Law and Criminology

No abstract provided.

Foreword, Charlie Devore

Journal of Criminal Law and Criminology

No abstract provided.

Mental Disorder And Criminal Law, Stephen J. Morse

Journal of Criminal Law and Criminology

No abstract provided.

“Confronting” Foreign Intelligence: Crawford Roadblocks To Domestic Terrorism Trials, John Scott

Journal of Criminal Law and Criminology

No abstract provided.

Redistributive Policing, Nirej S. Sekhon

Journal of Criminal Law and Criminology

No abstract provided.

Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer

Journal of Criminal Law and Criminology

No abstract provided.

Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy

Journal of Criminal Law and Criminology

No abstract provided.

Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan

Journal of Criminal Law and Criminology

No abstract provided.

"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich

Faculty Working Papers

As a surge in pirate attacks in the seas around the Horn of Africa threatens to seriously damage international trade, the nations of the world have refused to enforce international law against these criminals. The dozens of nations patrolling the Gulf of Aden have ample legal authority to detain and prosecute pirates. Yet the United States and other navies have, as a matter of policy, been releasing apprehended pirates because of the difficulty of detaining or successfully prosecuting them. These fears are not unwarranted. As this Essay shows, while on the one hand international law requires all nations to fight …

An Empirical Examination Of Universal Jurisdiction For Piracy, Eugene Kontorovich, Steven Art

Faculty Working Papers

This Essay presents the first systematic empirical study of the incidence of universal jurisdiction prosecutions over an international crime. Using data on the number of piracies committed in a twelve year period (1998-2009) obtained from international agencies and maritime industry groups, we determine the percentage of acts of piracy where nations prosecuted under universal jurisdiction we determine the percentage of these cases where nations exercised UJ. Studies of the worldwide use of UJ over other crimes simply count how often UJ has been exercised, but do not attempt to determine the rate of prosecution.

We find that of all clearly …

Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato

Faculty Working Papers

The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.

Capital Punishment In Illinois In The Aftermath Of The Ryan Commutations: Reforms, Economic Realities, And A New Saliency For Issues Of Cost, Leigh Buchanan Bienen

Faculty Working Papers

In 2000 when Governor George Ryan unilaterally imposed a statewide moratorium on executions in Illinois, in response to accumulating evidence of more than a dozen wrongfully convicted persons on death row in Illinois. In 1999 the Illinois legislature created the Capital Litigation Trust Fund, to allow private, appointed defense counsel, state's attorneys , and public defenders to be paid directly for the expenses of a capital trial from state appropriated funds, upon the approval of the trial court judge. Publishing new data on capital prosecutions in Illinois since 2000, this article documents evidence of state money spent at the county …

Atrocity Crimes Litigation During 2009 , David Scheffer

Northwestern Journal of Human Rights

No abstract provided.

State Obligations Regarding Domestic Violence: The European Court Of Human Rights, Due Diligence, And International Legal Minimums Of Protection, Lee Hasselbacher

Northwestern Journal of Human Rights

Over the last two decades, international human rights instruments, decisions, and dedicated advocates have advanced the understanding of domestic violence. Once considered a private act committed with widespread impunity, domestic violence is now viewed as a human rights violation that states have a responsibility to address. This article will trace the history of this progression and the emergence of a "due diligence" standard to assess a state's response to domestic violence. The first half of the article will examine the recognition of the due diligence standard as a rule of customary international law with increasingly defined state obligations. The second …

Prosecuting Atrocity Crimes In National Courts: Looking Back On 2009 In Bosnia And Herzegovina , David Schwendiman

Northwestern Journal of Human Rights

No abstract provided.

Atrocity Crimes Litigation: Year-In-Review (2009) Conference Abridged Transcript , David Scheffer

Northwestern Journal of Human Rights

No abstract provided.

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt

Northwestern Journal of Human Rights

The emerging international human rights norm of "defamation of religion," an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …

Children Left Behind Bars: Sullivan, Graham, And Juvenile Life Without Parole Sentences, Tera Agyepong

Northwestern Journal of Human Rights

The practice of sentencing children to life in prison without parole is not only a misguided violation the standards of decency in U.S. law, but also a violation of international human rights law as well. The Supreme Court had the opportunity to eradicate the practice of sentencing children to LWOP when it heard the cases of and . However, the Court ruled that LWOP sentences would only be prohibited in cases where children committed non-homicide offenses. The Supreme Court should have categorically banned juvenile LWOP because it violates both domestic and international human rights law and has a disparate impact …

O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Atrocity Crimes Litigation: Some Human Rights Concerns Occasioned By Selected 2009 Case Law, Göran Sluiter

Northwestern Journal of Human Rights

No abstract provided.

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.

A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner

Journal of Criminal Law and Criminology

No abstract provided.

Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe

Journal of Criminal Law and Criminology

No abstract provided.

Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton

Journal of Criminal Law and Criminology

No abstract provided.

Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman

Journal of Criminal Law and Criminology

No abstract provided.

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz

Journal of Criminal Law and Criminology

No abstract provided.

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.