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Northwestern Pritzker School of Law

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The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone Jan 2010

The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone

Journal of Criminal Law and Criminology

No abstract provided.


(Trans)Forming The Provocation Defense, Morgan Tilleman Jan 2010

(Trans)Forming The Provocation Defense, Morgan Tilleman

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews, Juliet S. Sorensen Jan 2010

Book Reviews, Juliet S. Sorensen

Journal of Criminal Law and Criminology

No abstract provided.


Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey Jan 2010

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.


Interrogations And The Guiding Hand Of Counsel: Montejo, Ventris, And The Sixth Amendment's Continued Vitality, Ben G. Cohen, Bidish J. Sarma, Robert J. Smith Apr 2009

Interrogations And The Guiding Hand Of Counsel: Montejo, Ventris, And The Sixth Amendment's Continued Vitality, Ben G. Cohen, Bidish J. Sarma, Robert J. Smith

NULR Online

No abstract provided.


Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz Jan 2009

Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz

Faculty Working Papers

THE Book of Exodus desscribes the identity of justice and the law. Because elsewhere the gap between justice and the law is so wide -- in Christian theology when it sees the Pharisaic law as inhibiting the realization of justice; in philosophy where from Plato on, law is formal while is justice substantive; in political theory, which includes those who endorse "procedural justice" when they abandon substantive justice -- this radical biblical vision, wherein the law is justice is surely unique. This is not an understanding of the law as a series of prescriptions, the "yoke of the law" but …


The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich Jan 2009

The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich

Faculty Working Papers

This Article examines whether the "Define and Punish" clause of the Constitution empowers Congress to criminalize foreign conduct unconnected to the United States. Answering this question requires exploring the Constitution's "Piracies and Felonies" provision. While it is hard to believe this can still be said of any constitutional provision, no previous work has examined the scope of the "Piracies and Felonies" powers. Yet the importance of this inquiry is more than academic. Despite its obscurity, the Piracies and Felonies power is the purported Art. I basis for a statute currently in force, which represents Congress's most aggressive use of universal …


The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander Jan 2009

The Story Of Bivens V. Six Unknown-Named Agents Of The Federal Bureau Of Narcotics, James E. Pfander

Faculty Working Papers

In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right of an individual to sue federal government officials for a violation of constitutional rights. Drawing on interviews with some of the participants, including Webster Bivens himself and one of the agents who conducted the search, this chapter in the forthcoming book Federal Courts' Stories describes the events that led to the litigation and the complex array of factors that informed the Court's approach to the case. After placing the Bivens decision in context, the chapter evaluates the competing narratives that have grown …


Two Ways To Think About The Punishment Of Corporations, Albert Alschuler Jan 2009

Two Ways To Think About The Punishment Of Corporations, Albert Alschuler

Faculty Working Papers

This article compares the criminal punishment of corporations in the twenty-first century with two ancient legal practices—deodand (the punishment of animals and objects that have produced harm) and frankpledge (the punishment of all members of a group when one member of the group has avoided apprehension for a crime). It argues that corporate criminal punishment is a mistake but that viewing it as frankpledge is less ridiculous than viewing it as deodand. The article considers the implications of the choice between these concepts for standards of corporate guilt and for the sentencing of corporate offenders. After a brief historical description …


The Death Of The American Trial, Robert P. Burns Jan 2009

The Death Of The American Trial, Robert P. Burns

Faculty Working Papers

This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.


The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout Jan 2009

The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout

Faculty Working Papers

In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …


Reflections On Capital Punishment, Rob Warden Jan 2009

Reflections On Capital Punishment, Rob Warden

Northwestern Journal of Law & Social Policy

Authored by the Executive Director of the Center on Wrongful Convictions, this powerful article reviews the many different arguments against the death penalty and uses a multitude of case discussions to show how the death penalty works, not in theory, but in practice. Some of these arguments include: the death penalty does not have a demonstrable deterrent effect; it costs more to maintain the system than to imprison murderers for life; many wrongfully condemned defendants have been saved by the serendipitous discovery of evidence not available during trial; innocent persons have been executed; the death penalty has been applied in …


The Role Of International Criminal Tribunals In Promoting Respect For Fair Trial Rights, Wolfgang Schomburg Jan 2009

The Role Of International Criminal Tribunals In Promoting Respect For Fair Trial Rights, Wolfgang Schomburg

Northwestern Journal of Human Rights

This article analyzes how the two United Nations Tribunals, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have defined the notion of a fair trial by adopting the provisions of the International Covenant on Civil and Political Rights (ICCPR). The article argues that fundamental due process has experienced a revival in the Criminal Tribunals due to gaps in the Rules being filled in response to the ICCPR. The article examines particularly Articles 9 and 14 of the ICCPR.


The International Criminal Court And Truth Commissions: A Framework For Cross-Interaction In The Sudan And Beyond, Christopher D. Totten Jan 2009

The International Criminal Court And Truth Commissions: A Framework For Cross-Interaction In The Sudan And Beyond, Christopher D. Totten

Northwestern Journal of Human Rights

This Article explores normative and institutional frameworks for interaction between the International Criminal Court ("ICC") and truth commissions. In particular, the Article examines how the ICC should approach prosecutions in countries where a truth commission may form, such as in the , in light of particular legal provisions binding on the ICC. Moreover, the Article argues for the use of particular institutional bodies within the ICC through which to facilitate information exchange with truth commissions. Finally, the Article explores implications for the ICC with regard to the prosecution of high and low-level perpetrators who have participated in a truth commission …


An Evolutionary Analysis Of Gender-Based War Crimes And The Continued Tolerance Of "Forced Marriage", Amy Palmer Jan 2009

An Evolutionary Analysis Of Gender-Based War Crimes And The Continued Tolerance Of "Forced Marriage", Amy Palmer

Northwestern Journal of Human Rights

Gender-based war crimes have occurred for centuries and, until the modern development of ad hoc tribunals, had been largely ignored by the international community and viewed as inevitable consequences of war. Gender-based violent crimes and sexually violent crimes have been charged in the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the for Sierra Leone (SCSL). The most recent gender-based international criminal prosecutions took place in the SCSL trials of the leaders of the Armed Forces Revolutionary Council (AFRC) and the Revolutionary United Front (RUF). During the armed conflict, soldiers forced women …


Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack Jan 2009

Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

Northwestern Journal of Human Rights

This article--prepared in connection with the annual review of atrocity crimes litigation conference hosted at Northwestern University School of Law--surveys important developments in the field of international criminal law in 2008. Although the article does feature certain key procedural developments, it primarily addresses developments in substantive law concerning the crimes of genocide, crimes against humanity, war crimes, and gender-based violence, as well as applicable forms of responsibility, including conspiracy, incitement, co-perpetration, and joint criminal enterprise. The survey identifies several trends in the jurisprudence toward better delineating the interfaces between international crimes and forms of responsibility and identifies cases with immediate …


Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman Jan 2009

Changing The Subject: From Welfare To Poverty To A Living Income, Peter B. Edelman

Northwestern Journal of Law & Social Policy

No abstract provided.


New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill Jan 2009

New Hope: A Thoughtful And Effective Approach To "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, Heather Hill

Northwestern Journal of Law & Social Policy

This paper makes the case for a national program offering the kind of work supports that were part of the New Hope program, a policy experiment that operated for three years in Milwaukee, Wisconsin. Our policy, like New Hope, would provide a set of work supports for full-time workers-both parents and nonparents, men and women-that would lift them out of poverty as well as provide essential benefits in the form of health insurance and child-care subsidies for people who needed them. Across all of the people offered the chance to participate in the New Hope program, including single men, work …


Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana Jan 2009

Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana

Journal of Criminal Law and Criminology

No abstract provided.


A Relational Sixth Amendment During Interrogation, Brooks Holland Jan 2009

A Relational Sixth Amendment During Interrogation, Brooks Holland

Journal of Criminal Law and Criminology

No abstract provided.


Blue Sky Steroids, Geoffrey Rapp Jan 2009

Blue Sky Steroids, Geoffrey Rapp

Journal of Criminal Law and Criminology

No abstract provided.


The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen Jan 2009

The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen

Journal of Criminal Law and Criminology

No abstract provided.


Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist Jan 2009

Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist

Journal of Criminal Law and Criminology

No abstract provided.


Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway Jan 2009

Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway

Journal of Criminal Law and Criminology

No abstract provided.


The Cognitive Psychology Of Mens Rea, Kevin Jon Heller Jan 2009

The Cognitive Psychology Of Mens Rea, Kevin Jon Heller

Journal of Criminal Law and Criminology

No abstract provided.


Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo Jan 2009

Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo

Journal of Criminal Law and Criminology

No abstract provided.


Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock Jan 2009

Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock

Journal of Criminal Law and Criminology

No abstract provided.


What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet Jan 2009

What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet

Journal of Criminal Law and Criminology

No abstract provided.


When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price Jan 2009

When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price

Journal of Criminal Law and Criminology

No abstract provided.


Foreword Jan 2009

Foreword

Journal of Criminal Law and Criminology

No abstract provided.