Digital Commons Network^™

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Poverty, Kaaryn Gustafson

Journal of Criminal Law and Criminology

No abstract provided.

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips

Journal of Criminal Law and Criminology

No abstract provided.

The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave

Journal of Criminal Law and Criminology

No abstract provided.

Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista

Journal of Criminal Law and Criminology

No abstract provided.

Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason

Journal of Criminal Law and Criminology

No abstract provided.

Strategery's Refuge, Christopher Seeds

Journal of Criminal Law and Criminology

No abstract provided.

The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger

Journal of Criminal Law and Criminology

No abstract provided.

Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon

Journal of Criminal Law and Criminology

No abstract provided.

Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle

Journal of Criminal Law and Criminology

No abstract provided.

Duress And The Underlying Felony, Russell Shankland

Journal of Criminal Law and Criminology

No abstract provided.

The Impact Of The Size, Scope And Scale Of The Miloševic Trial And The Development Of Rule 73, Gillian Higgins

Northwestern Journal of Human Rights

No abstract provided.

Is Military Law Relevant To The "Evolving Standards Of Decency" Embodied In The Eighth Amendment?, Corey Rayburn Yung

NULR Online

No abstract provided.

Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss Who Says That He Did, Melanie D. Wilson

NULR Online

No abstract provided.

Beyond Guantánamo, Obstacles And Options (Part Ii), Gregory S. Mcneal

NULR Online

No abstract provided.

Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal

NULR Online

No abstract provided.

Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes

NULR Online

No abstract provided.

Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller

NULR Online

No abstract provided.

A Floor, Not A Ceiling: Federalism And Remedies For Violations Of Constitutional Rights In Danforth V. Minnesota, Ilya Somin

NULR Online

No abstract provided.

Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas

NULR Online

No abstract provided.

Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich

Faculty Working Papers

This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …

Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler

Faculty Working Papers

In situations where people have an incentive to coordinate their behavior, law can provide a framework for understanding and predicting what others are likely to do. According to the focal point theory of expressive law, the law's articulation of a behavior can sometimes create self-fulfilling expectations that it will occur. Existing theories of legal compliance emphasize the effect of sanctions or legitimacy; we argue that, in addition to sanctions and legitimacy, law can also influence compliance simply by making one outcome salient. We tested this claim in two experiments where sanctions and legitimacy were held constant. Experiment 1 demonstrated that …

Courting Genocide: The Unintended Effects Of Humanitarian Intervention, Jide Nzelibe

Faculty Working Papers

Invoking memories and imagery from the Holocaust and other German atrocities during World War II, many contemporary commentators and politicians believe that the international community has an affirmative obligation to deter and incapacitate perpetrators of humanitarian atrocities. Today, the received wisdom is that a legalistic approach, which combines humanitarian interventions with international criminal prosecutions targeting perpetrators, will help realize the post-World War II vision of making atrocities a crime of the past. This Article argues, in contrast, that humanitarian interventions are often likely to create unintended, and sometimes perverse, incentives among both the victims and perpetrators of atrocities. The problem …

Civic Lessons: Public Schools And The Civic Development Of Undocumented Students And Parents, John Rogers, Marisa Saunders, Veronica Terriquez, Veronica Valez

Northwestern Journal of Law & Social Policy

In the Court reasoned that by providing undocumented students with core academic instruction, public schools could contribute to their participation in democratic institutions and thus enhance civic life. This article assesses this and a set of related claims. Drawing on three data sets, the authors consider how access to public schools shapes the civic development and civic engagement of undocumented students and their parents. They first introduce data from a longitudinal study tracking the civic development of youth through high school and into adulthood. They then share survey data that indicates the relatively high levels of school participation among undocumented …

The People Decide: The Effect Of The Introduction Of The Quasi-Jury System (Saiban-In Seido) On The Death Penalty In Japan, Leah Ambler

Northwestern Journal of Human Rights

The Japanese people will soon decide the fate of criminal defendants for the first time in over 50 years. Under the Lay Assessor Act beginning in May, 2009, randomly selected members of the Japanese public will preside over criminal trials alongside professional judges and be responsible for determining both verdicts and sentences. 's retention of the death penalty means that members of the public will ultimately have to decide whether a person lives or dies.

This article examines the potential impact of the new lay assessor system, or saiban-in seido, on capital punishment in , and considers whether it may …

International Criminal Tribunals: A Review Of 2007, William A. Schabas

Northwestern Journal of Human Rights

This article will provide an overview of some of the highlights of the case law of the tribunals during 2007. The volume of material is enormous, and any attempt to be comprehensive will stumble on superficiality. Necessarily, then, this review article focuses on only some of the major issues. During 2007, the tribunals for the former and were in the advanced stages of their 'completion strategy.' Major cases were underway, with an ambitious target: to conclude trials at first instance by the end of 2008. Each tribunal had a big question mark about future priorities. The for completed its three …

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

The Crime Of Complicity In Genocide: How The International Criminal Tribunals For Rwanda And Yugoslavia Got It Wrong, And Why It Matters, Daniel M. Greenfield

Journal of Criminal Law and Criminology

No abstract provided.

Arguing For An Integrated Approach To Resolving The Crisis In Darfur: The Challenges Of Complementarity, Enforcement, And Related Issues In The International Criminal Court, Christopher D. Totten, Nicholas Tyler

Journal of Criminal Law and Criminology

No abstract provided.