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Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Articles
This article introduces the role and function of truth commission and explores a number of the structural and institutional components which profoundly affect women's experiences of accountability in times of transition.
The Formation Of International Treaties, Vincy Fon, Francesco Parisi
The Formation Of International Treaties, Vincy Fon, Francesco Parisi
Articles
No abstract provided.
Looking Back To See The Future Of Punishment In America, Michael Tonry
Looking Back To See The Future Of Punishment In America, Michael Tonry
Articles
No abstract provided.
Common Law And Federalism In The Age Of The Regulatory State, Alexandra B. Klass
Common Law And Federalism In The Age Of The Regulatory State, Alexandra B. Klass
Articles
Over the past several decades, the growth of federal statutes and the rise of the regulatory state have weakened and displaced state common law even in the absence of express or implied preemption. However, there is a strong theoretical and judicial foundation on which to argue that the existence of statutes, regulations, and the data they generate should be used to inform and develop state common law rather than overshadow or displace it. Moreover, in this current age of the new federalism, such progressive common law development at the state level may be particularly timely and appropriate. This article uses …
Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser
Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser
Articles
This Article considers the constitutional validity of executive privilege claims made by the President against statutorily authorized information requests. The Article concludes that such claims are constitutionally illegitimate and that courts, when turned to, should order compliance with statutorily authorized demands for information in the face of executive privilege claims. This conclusion is reached in two steps. First, perusal of Article I's list of legislative powers and Article II's list of presidential powers does not clearly resolve the issue. Rather, such perusal alone offers fair ground to deem control of executive branch information both within Congress' "sweeping clause" power and …
Perfectionist Policies In Family Law, Brian H. Bix
Perfectionist Policies In Family Law, Brian H. Bix
Articles
Linda McClain's book, The Place of Families: Fostering Capacity, Equality, and Responsibility, offers a thoughtful approach to government policy in family matters, grounded on what McClain calls “toleration as respect,” in which the government has a role in improving individuals and social institutions, while valuing personal and collective self-government and making a range of choices available. McClain's approach combines elements of liberalism, feminism, and civic republicanism. In the context of considering McClain's proposals regarding marital equality, same-sex marriage, abortion, and sex education, this review essay considers the problem of persuasion and social reform. In a country where many voters and …
Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld
Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld
Articles
For more than a century, youth crime policies have oscillated between periods of more lenient treatment and harsher punishment. Justice officials and the public alternatively attributed high crime rates either to ";soft"; rehabilitative policies and advocated ";tougher"; sanctions, or to excessively harsh penalties that failed adequately to treat youths. A century ago, Progressive reformers combined a more modern construction of childhood with a more scientific conception of social control to create a judicial-welfare alternative and to remove children from the adult criminal process. 2 They used juvenile courts to assimilate, ";Americanize,"; and control ";other people's"; children.
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
Articles
A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'
Law And Technology: Interactions And Relationships, Daniel J. Gifford
Law And Technology: Interactions And Relationships, Daniel J. Gifford
Articles
The relations between law and technology are both simple and exceedingly complex. At the most elementary level, technology consists in the application of labor to create a product, to generate a service or otherwise to produce a desired result. Technology develops as ways are found to produce new results or to produce old results using fewer or less costly inputs. Law is generally understood to exist as a set of rules adopted by a society's governing institutions that are applicable to all of its inhabitants.' All modern societies have established institutions charged with making determinations about the applicability and interpretations …