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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 …

Linkage And The Deterrence Of Corporate Fraud, Miriam H. Baer

Faculty Scholarship

Corporate fraud is often presumed to be the type of crime that can be deterred. Those who embrace deterrence as a goal of law enforcement, however, often ignore the tradeoffs between the deterrence of potential offenders and the deterrence of those "mid-fraud perpetrators" who are already mid-way through illicit schemes when the government announces a change in policy. Unlike potential offenders, mid-fraud perpetrators have no incentive to cease criminal conduct in response to increases in sanctions or likelihood of detection. This is true because a "link" exists between the offenders' cessation of future misconduct and the probability that their prior …

Competing Legal Cultures And Legal Reform: The Battle Of Chile, James Cooper

Faculty Scholarship

This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance …

Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper

Faculty Scholarship

This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.

Issues Relating To Regulatory Enforcement In The Communications Sector In Malaysia / Liew Horng Bin, Horng Bin Liew

Student Works (2000-2009)

This paper seeks to examine and present a review of the correlation between the institutional structure of the regulatory body, in this case the Malaysian Communications and Multimedia Commission (MCMC), and the exercise of its enforcement powers provided under the Communications and Multimedia Act 1998 ('CMA 1998'), in the face of the convergence of telecommunication, broadcasting and multimedia industries in Malaysia. The focus of this paper is to highlight the various enforcement mechanisms envisaged under the CMA 1998 and the corresponding effectiveness in view of the institutional setting therein. Central to the instant study is the possibility and viability of …

Silent Victims: Why Do Battered Husbands In Malaysia Not Come Out Of The Closet? / Kitson Foong, Foong Kitson

Student Works (2000-2009)

Domestic violence is a disturbing and distressing grim reality in many households. Of late, increasing public concern and statistical research in the field of domestic violence in Malaysia has focused exclusively on wife abuse with no mention of the male victim of female spousal aggression. Whilst husband battering is known to occur virtually no studies empirical or otherwise have been conducted in this country to probe into this controversial topic. This research paper is an attempt by the writer firstly to verify via a series of intimate interviews whether husband battering does in fact occur in Malaysian households. The writer …

Fourth Amendment—Guilt By Relation: If Your Brother Is Convicted Of A Crime, You Too May Do Time, Lina A. Hogan

Western New England Law Review

No abstract provided.

From Austria To Sacco And Vanzetti: The Development Of Frankfurter's "Fundamental Rights" Theory, Joseph Gumina

Western New England Law Review

No abstract provided.

The University Of Texas At Arlington Graduate Catalog 2008-2010, The University Of Texas At Arlington

UTA Graduate Catalogs

No abstract provided.

Foreword: Victims And The Criminal Justice System, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Disaster Planning: What We Have (And Haven't) Learned, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Basic disaster planning is not only cost-effective but relatively easy to integrate with other planning activities. By looking at the experiences of lawyers and law firms that have survived disasters in recent years, it is possible to gain insights that will help us overcome such adversity. Transactional business lawyers, whose clients are frequently the victims of the same forces that harm lawyers, have a special obligation to serve these clients in times of crisis in order to restore these businesses to functionality and commerce to the community at large.

The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson

All Faculty Scholarship

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I …

Foreword, Law Review Editors

University of Chicago Law Review

No abstract provided.

Privacy, Visibility, Transparency, And Exposure, Julie E. Cohen

University of Chicago Law Review

No abstract provided.

The Supreme Court's Post-9/11 War-On-Terror Jurisprudence: Special Considerations, Threshold Determinations, And Anticipatory Review, Ari Aranda

Brooklyn Law Review

No abstract provided.

They Won't Come Knocking No More: Hudson V. Michigan And The Demise Of The Knock-And-Announce Rule, Jessica M. Weitzman

Brooklyn Law Review

No abstract provided.

Shuffling To Justice: Why Children Should Not Be Shackled In Court, Anita Nabha

Brooklyn Law Review

No abstract provided.

Fair Circumvention, Timothy K. Armstrong

Brooklyn Law Review

No abstract provided.

Prosecutorial Discretion Of The Department Of Justice In Corporate Cases: How Far Is Too Far?, Maya Krigman

Brooklyn Law Review

No abstract provided.

Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn

Brooklyn Law Review

No abstract provided.

Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Kahn

Brooklyn Law Review

No abstract provided.

The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal

Fordham Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney's office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties.” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself. This Article rejects the scholarly consensus on Garcetti. …

Does Medellin Matter?, Janet Koven Levit

Fordham Law Review

No abstract provided.

Perspectives From The Rule Of Law And International Economic Development: Are There Lessons For The Reform Of Judicial Selection In The United States?, Norman L. Greene

Denver Law Review

No abstract provided.

The Use Of Judicial Performance Evaluation To Enhance Judicial Accountability, Judicial Independence, And Public Trust, David C. Brody

Denver Law Review

No abstract provided.

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

Faculty Publications

No abstract provided.

Even Better Than The Real Thing: How Courts Have Been Anything But Liberal In Finding Genuine Questions Raised As To The Authenticity Of Originals Under Rule 1003, Colin Miller

Faculty Publications

No abstract provided.

General Catalog 2008-2009 College Of Eastern Utah, Utah State University

University Catalogs

Contains course descriptions, University college calendar, and college administration

Mechanisms For The Relationship Between Traditional Masculine Ideology And Rape Myth Acceptance, Karisa Ann Moler

Graduate Theses and Dissertations

No abstract provided.