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Articles 2551 - 2580 of 3113
Full-Text Articles in Entire DC Network
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Case Western Reserve Journal of International Law
No abstract provided.
The Cost Of Indefinitely Kicking The Can: Why Continued Prolonged Detention Is No Solution To Guantanamo, Devon Chaffee
The Cost Of Indefinitely Kicking The Can: Why Continued Prolonged Detention Is No Solution To Guantanamo, Devon Chaffee
Case Western Reserve Journal of International Law
No abstract provided.
A Hybrid Court For A Hybrid War, Glenn M. Sulmasy, Andrea K. Logman
A Hybrid Court For A Hybrid War, Glenn M. Sulmasy, Andrea K. Logman
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Guantanamo In Europe: Can And Shall The Masterminds Of The Torture Memos Be Held Criminally Responsible On The Basis Of Universal Jurisdiction, Kai Ambos
Case Western Reserve Journal of International Law
No abstract provided.
Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton
Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr.
In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr.
Case Western Reserve Journal of International Law
No abstract provided.
Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson
Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson
Case Western Reserve Journal of International Law
No abstract provided.
Sexual Violence: Standing By The Victim, Navanethem Pillay
Sexual Violence: Standing By The Victim, Navanethem Pillay
Case Western Reserve Journal of International Law
No abstract provided.
The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett
The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett
Utah Law Review
An addiction to drug laws is caused by an inadequate understanding of individual rights and the vital role such rights play in deciding matters of legality. As a result, policies are implemented that cause serious' harm to the very individuals whom these policies were devised to help and to the general public. If the rights of individuals to choose how to use their person and possessions are fully respected, there is no guaranty that people will exercise their rights wisely. Some may mistakenly choose the path of finding happiness in a bottle or in a vial. Others may wish to …
Recreational Drug Regulation: A Plea For Responsibility, Donald A. Dripps
Recreational Drug Regulation: A Plea For Responsibility, Donald A. Dripps
Utah Law Review
This Article has argued that U.S. thinking about drug policy is inconsistent with the criminal law's rejection of any addiction defense and that the criminal law is right to reject that defense. Once society accepts that the choice to use drugs is not categorically different than the choice to consume many other consumer products with dangerous potentials and insidious long-term consequences, it is possible to see how misguided supply-side efforts have been. Supply-side enforcement wastes large quantities of resources with real economic opportunity costs, causes massive reductions in consumer welfare, and addresses the external costs of drug use inefficiently and …
Prosecutors And Drugs Policy: A Tale Of Six European Systems, Marianne Wade
Prosecutors And Drugs Policy: A Tale Of Six European Systems, Marianne Wade
Utah Law Review
The Symposium that this issue of the Law Journal documents is dedicated to a discussion of drugs and justice in the United States. It is hoped that with this contribution detailing the drug policy and the handling of related cases in several European jurisdictions an opportunity to reflect on certain issues from a different perspective and for discussion will arise. The data presented here stem mostly from a study conducted by the author and a group of researchers across Europe seeking to explore the function of prosecution services within six criminal justice systems: England and Wales, France, Germany, the Netherlands, …
Imagining The Addict: Evaluating Social And Legal Responses To Addiction, Elizabeth E. Joh
Imagining The Addict: Evaluating Social And Legal Responses To Addiction, Elizabeth E. Joh
Utah Law Review
Often we refer to the response to an unwanted addictive behavior, but of course there is no unified social or legal response. Instead, addictive or compulsive behaviors occasion a variety of social and legal responses: restrictive or prohibitive legislation, individual litigation, the emergence of advocacy groups, and the issue of expert opinion. Yet even if these responses do not originate from a single plan, they converge in a particular way. When a new "epidemic" of addictive behavior is identified, a narrative about that addiction emerges. Who are I the addicts? What danger do they pose? Who bears responsibility for the …
High Society: Call To Arms, Joseph A. Califano, Jr.
High Society: Call To Arms, Joseph A. Califano, Jr.
Utah Law Review
If you wonder why I call our nation a high society, consider just one fact. Although we Americans are only 4 percent of the world's population, we consilme two-thirds of the world's illegal drugs. l And that, my friends, is only the tip of the iceberg. HIGH SOCIETY. is a book about the pervasive and pernicious role of alcohol and drug abuse in our 'country? It shows how such abuse causes and aggravates just about every intractable problem our nation faces. And it calls for a revolution in our attitude about substance abuse and addiction and how we deal with …
A Government Insider's Perspective On The War On Drugs, Scott Burns
A Government Insider's Perspective On The War On Drugs, Scott Burns
Utah Law Review
On behalf of the White House and on behalf of John Walters, the director of Drug Czarl of the United States, it's an honor to be here. It's been six years now that I've been at the White House, and looking at Scott Daniels, Scott Carver, Judge Boyden, Paul Boyden, and other friends, I'm reminded how I got there. I was sitting in my office as the Iron county attorney, and I was right in the middle of a really ugly sexual abuse case. I got a call and my secretary, Colleen-I think we had three lawyers and three secretaries …
Validating Victims: Enforcing Victims' Rights Through Mandatory Mandamus, Steven Joffee
Validating Victims: Enforcing Victims' Rights Through Mandatory Mandamus, Steven Joffee
Utah Law Review
The American criminal justice system "has long functioned on the assumption that crime victims should behave like good Victorian children-seen but not heard." I As a result of this assumption, for centuries, crime victims and their families have been excluded from participation in criminal proceedings, often leaving them secondary victims to the very system to which they had turned for justice? In an effort to end this tradition, in October 2004, the United States Congress enacted the "the most sweeping federal victims' rights law in the history of the nation," the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and …
Family As A Vehicle For Abjection, Kathy Abrams
Family As A Vehicle For Abjection, Kathy Abrams
Utah Law Review
In this paper, I take my bearings from those who have argued we can see a system of family law emerging in the area of immigration. Kerry Abrams, to take one example, has looked at a series of laws relating to marriage, and argued that couples that include a noncitizen are subject to a regime of federal laws and policies that is more stringent and interventiorlist than the state law relating to citizen couples. My focus here, however, is on a different area ofimmigration law or policy; a series of enforcement efforts aimed at apprehending and detaining undocumented immigrants. In …
Seen But Not Heard: Child Sexual Abuse, Incest, And The Law In The United States, Alison Adams
Seen But Not Heard: Child Sexual Abuse, Incest, And The Law In The United States, Alison Adams
Utah Law Review
Ashley Morgan's monologue Full Circle explores the difficult subject of child sexual abuse. In 2005 alone, over 83,000 children were confirmed victims of sexual abuse in the United States. This number is taggering. Even more shocking is a 1994 retrospective survey of adults, which suggests that the number of confirmed sexual abuse victims is extremely understated. The survey estimated that at least twenty percent of American woman and five to ten percent of American men experienced some form of sexual abuse as children. More alarming than the number of children who are victims of child sexual abuse is understanding who …
Justice In The Darkness: Mental Health And The Juveniie Justice System, Brian Jay Nicholls
Justice In The Darkness: Mental Health And The Juveniie Justice System, Brian Jay Nicholls
Utah Law Review
Unless states can provide a way to identify these youth at an earlier stage, intervene, and provide meaningful and effective treatment, the future of those youths as well as the public safety is in jeopardy. Research has shown, as illustrated by Utah's C3 Court, that a comprehensive and collaborative approach to treating these kids can "reduce both crime and costs in the long run while improving (and even saving) the lives of young people today." If states do nothing however, not only do those states fail the youth that they are supposed to rehabilitate, but the state also "fails the …
Introduction, Robert W. Adler
Introduction, Robert W. Adler
Utah Law Review
Although criminal enforcement has always been an important component of environmental law, the year of this symposium (2009) marked the twenty-year anniversary of an event that, for some, increased attention to the propriety and effectiveness of criminal remedies as tools for environmental protection. On March 24, 1989, the Exxon Valdez supertanker ran aground in Alaska’s Prince William Sound, spilling almost eleven million gallons of North Slope crude oil and causing one of the largest and most significant single-incident environmental disasters in history. Among the casualties were hundreds of thousands of birds, more than a thousand sea otters, hundreds of bald …
Up From The Sewers: A Perspective On The Evolution Of The Federal Environmental Crimes Program, Raymond W. Mushal
Up From The Sewers: A Perspective On The Evolution Of The Federal Environmental Crimes Program, Raymond W. Mushal
Utah Law Review
The environmental crimes program has become an established part of our environmental protection effort. It exists at all levels of government, federal, state, and local. But how do we describe its evolution? There are a number of ways in which this can be done. One, of course, would be to track the case statistics and trends through the years. Another—which is the approach of this essay—would be to focus less upon the cases, as such, and more upon the background developments and issues that have characterized the federal program over time. A pattern emerges in which each successive decade has …
Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear
Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear
Utah Law Review
The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses. Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who commit environmental offenses. Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite. Judges “departed” below the applicable guidelines range in an unusually high percentage of environmental cases; barely one-third of convicted environmental defendants received prison sentences, and …
Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary
Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary
Utah Law Review
A criminal defendant found not guilty by reason of insanity was found not guilty. Commitment to a state mental facility is not designed to be punishment for a crime. The commitment is meant instead to address the acquittee’s insanity. Involuntary commitment strips a person of a vital liberty interest, and under our Constitution it should be done only with adequate due process. Recommitment of the person, though, is due that same protection. Accordingly, use of unfairly prejudicial evidence should be limited unless a court deems it necessary to a jury’s determination.
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
Articles
Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …
The 4-1-1 On Adolescents' Attitudes Toward The 5-0 And The Portrayal Of Law Enforcement Officials In Young Adult Literature, Amy Chopard
Graduate Research Papers
For this content analysis, the portrayal of law enforcement officials in young adult fiction was examined. This researcher read and analyzed 15 young adult fiction titles portraying a law enforcement official in either a primary or secondary character role. The main research question this researcher sought to answer was: How are law enforcement officials portrayed in young adult fiction? Based on the findings of her study, this researcher concluded that law enforcement officials in the examined titles are portrayed as having indifferent attitudes toward adolescents in general. In addition, this researcher found that law enforcement officials portrayed in the examined …
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Georgetown Law Faculty Publications and Other Works
This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …
What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning
What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
While scholars have written extensively about the victims’ rights movement in capital and criminal cases, there has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the best interests of the delinquent child, victims’ rights legislation now requires juvenile courts to balance the rehabilitative needs of the child with other competing interests such as accountability to the …
The Chamber Chorale, David B. Weiller, Jessica Kim
The Chamber Chorale, David B. Weiller, Jessica Kim
Chamber Music Programs
List of programs to come. Program listing performers and works performed.
Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson
Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson
Articles & Book Chapters
This article, one in a collection of articles on the history and jurisprudential contributions of the British Columbia Court of Appeal on the occasion of its 100th anniversary, looks at the role and the work of the court in the area of sentencing since the court was first given jurisdiction to hear sentence appeals in 1921. In the three broad periods that we canvass, we draw out the sometimes surprising, often unique, and frequently provocative ways in which the BCCA has, over its history, wrestled with the practice of criminal punishment and, with it, the basic assumptions of our system …
Notes On Minority Report, Bennett Capers
A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell
A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell
Animal Law Review
No abstract provided.