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Articles 2791 - 2820 of 3113
Full-Text Articles in Entire DC Network
International Human Rights Law And Security Detention, Douglass Cassel
International Human Rights Law And Security Detention, Douglass Cassel
Journal Articles
This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …
Gender Politics: A Case Study Of Feminism In Iran, Sara A. Hoff
Gender Politics: A Case Study Of Feminism In Iran, Sara A. Hoff
Browse all Theses and Dissertations
The literature on feminism and Islam shows that there is a distinct relationship and conflict between identity groups in Iran. An alliance between Muslim and secular feminists has been observed in the past in Iran; however, a breakdown of the alliance has occurred in recent years. It is my assumption that in order for feminists in Iran to unite, several principles of Iris Young's communicative democracy and coalition building practices have to be applied. Communicative democracy stresses that individuals' ideas often change when interaction with other people and their experiences occurs. Further, communicative democracy emphasizes the importance of recognizing the …
How Does A Democratic Brazil Constrast With Authoritarian Brazil In Terms Of Promoting Human Security?, Pablo Albuquerque Banhos
How Does A Democratic Brazil Constrast With Authoritarian Brazil In Terms Of Promoting Human Security?, Pablo Albuquerque Banhos
Browse all Theses and Dissertations
This study compares and contrasts two distinct regimes, the Brazilian military regime (1964-1985) and Brazil's current democratic regime (1985-2007). The focus of this thesis is to determine why, compared to the authoritarian regime, human security has improved measurably under democracy in some areas but not in others. To assess this paradox, one variable has been chosen: the rule of law, specifically conceptualized as violations of physical integrity. This research centers on the metropolitan areas of São Paulo and Rio de Janeiro and is based on a qualitative examination supplemented by quantitative evidence. The study finds that violations of physical integrity …
Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment, And Adult Process, Jenny E. Carroll
Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment, And Adult Process, Jenny E. Carroll
Articles
No abstract provided.
Ethics Reform In Alabama, Susan Pace Hamill
Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price
Michigan Journal of Race and Law
Research shows the mere presence of Blacks on capital juries-- on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully …
Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson , Beth Van Schaak
Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson , Beth Van Schaak
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld
Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Panelists Biographies , American University Washington College Of Law Office Of Student Affairs
Panelists Biographies , American University Washington College Of Law Office Of Student Affairs
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Law and Contemporary Problems
No abstract provided.
Science, Law And The Expert Witness, Joseph Sanders
Science, Law And The Expert Witness, Joseph Sanders
Law and Contemporary Problems
Expert witnessing is a particularly useful place to observe the clash of legal and scientific conventions because it is here that one group of people (scientific experts) who are integrated into one set of conventions are challenged by the expectations of a different set of conventions. Here, Sanders looks at how legal conventions affect the behavior of expert witnesses when they appear in court in both criminal and civil cases. He also reviews differences in scientific and legal conventions as they apply to expert knowledge and discusses two central reasons for these differences: adversarialism and closure.
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Law and Contemporary Problems
Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …
Reaching Out To The International Community: Civil Lawsuits As The Common Ground In The Battle Against Terrorism, Debra M. Strauss
Reaching Out To The International Community: Civil Lawsuits As The Common Ground In The Battle Against Terrorism, Debra M. Strauss
Duke Journal of Comparative & International Law
No abstract provided.
The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda
University of Florida Journal of Law & Public Policy
No abstract provided.
Policing, Place, And Race, Bennett Capers
International Law And Domestic Legitimacy: Remarks Prepared For Lincoln’S Constitutionalism In Time Of War: Lessons For The Current War On Terror?, Scott Sullivan
Journal Articles
No abstract provided.
Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D'Angelo
Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D'Angelo
Vanderbilt Journal of Transnational Law
The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention). The 1951 Convention established several important concepts as binding international law, including the requirements for refugee classification and the principle of non-refoulement. The duty of non-refoulement prohibits state-parties from expelling or returning a refugee in any manner whatsoever to the frontiers or territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion. According to the definition in Article 33, non-refoulement is applicable …
Honesty Is The Best Policy: A Case For The Limitation Of Deceptive Police Interrogation Practices In The United States, Irina Khasin
Honesty Is The Best Policy: A Case For The Limitation Of Deceptive Police Interrogation Practices In The United States, Irina Khasin
Vanderbilt Journal of Transnational Law
In the United States, police officers regularly employ deceptive interrogation tactics to extract confession evidence from suspects. Despite widespread recognition of the harm caused by police deception, courts in the United States have consistently condoned the practice, refusing to exclude confessions obtained through manipulative and deceitful means. The British Parliament has recognized that deceptive police practices yield false confessions and, thus, wrongful convictions. The Police and Criminal Evidence Act of 1984 addresses this concern by establishing clear rules for the police to follow and by empowering courts to enforce those rules. In evaluating the need for reform in American police …
The Crisis Of International Law, Rafael Domingo
The Crisis Of International Law, Rafael Domingo
Vanderbilt Journal of Transnational Law
This Article delves into the reasons for the current crisis in the traditional international law system, considering how the system developed through the centuries in order to respond to the needs and circumstances of past historical epochs, as well as how the system is no longer capable of meeting the unique developments and needs of life in the Third Millennium. The Article considers the fundamental problems of a state-based system of international law that--rather than focusing on the prime actor and focus of the law, the human person, and his inherent dignity--concentrates on and gives enormous power to the artificial …
Strafford County 2008 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2008., Stafford County Representatives
Strafford County 2008 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2008., Stafford County Representatives
Strafford County, NH Annual Reports
This is an annual report containing vital statistics for a county in the state of New Hampshire.
Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of?, David H. Kaye
Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of?, David H. Kaye
Faculty Scholarship
DNA evidence is often presented as the “gold standard” for forensic science. But this was not always the case. For years, eminent scientists complained that the estimates of the tiny frequencies of DNA types were unfounded. It took scores of research papers, dozens of judicial opinions, and two committees of the National Academy of Sciences to resolve the dispute by the mid-1990s. Since 2000, however, reports have surfaced of shocking numbers of “partial matches” among samples within large DNA databases, and some scientists have complained that the infinitesimal figures used in court to estimate the probability of a random match …
Remembering Judge Barefoot Sanders, Ann Beeson
2009 Online Mental Disability Law Program, New York Law School
2009 Online Mental Disability Law Program, New York Law School
NYLS Bulletins and Catalogs
No abstract provided.
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman, Angela Davis, K.C. Johnson, Lyrissa Lidsky
The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman, Angela Davis, K.C. Johnson, Lyrissa Lidsky
Faculty Publications
The genesis of this panel is an essay I wrote arguing that the single moniker "Duke lacrosse controversy" encapsulates a broad, multi-faceted legal, political, and social controversy that more accurately consists of five related seriatim sub-controversies. Initially, it was a sexual assault case. An African-American woman, hired as an exotic dancer at a party thrown by members of the Duke University men's lacrosse team, reported to Durham police that she had been sexually assaulted by several white team members. The allegations quickly became a national story, tinged with issues of race, class, gender, privilege, and at some level, the role …
Gestational Risks And Psychiatric Disorders Among Indigenous Adolescents, Les B. Whitbeck, Devan M. Crawford
Gestational Risks And Psychiatric Disorders Among Indigenous Adolescents, Les B. Whitbeck, Devan M. Crawford
Department of Sociology: Faculty Publications
This study reports on the effects maternal prenatal binge drinking, cigarette smoking, drug use, and pregnancy and birth complications on meeting criteria for psychiatric disorders at ages 10–12 and 13–15 years among 546 Indigenous adolescents from a single culture in the northern Midwest and Canada. Adolescent DSM-IV psychiatric disorders were assessed with the Diagnostic Interview Schedule for Children-Revised (DISC-R). Results indicate that maternal behaviors when pregnant have significant effects on adolescent psychiatric disorders even when controlling for age and gender of adolescent, family per capita income, living in a single mother household, and adolescent reports of mother’s positive parenting.
'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth
'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth
Articles
In two frequently cited articles, Sommers and Ellsworth (2000, 2001) concluded that the influence of a defendant’s race on White mock jurors is more pronounced in interracial trials in which race remains a silent background issue than in trials involving racially charged incidents. Referring to this variable more generally as "race salience," we predicted that any aspect of a trial that leads White mock jurors to be concerned about racial bias should render the race of a defendant less influential. Though subsequent researchers have further explored this idea of "race salience," they have manipulated it in the same way as …
Future Of Appellate Sentencing Review: Booker In The States, The Symposium: Criminal Appeals: Sentencing Appeals, John F. Pfaff
Future Of Appellate Sentencing Review: Booker In The States, The Symposium: Criminal Appeals: Sentencing Appeals, John F. Pfaff
Faculty Scholarship
In this Article, I look at the theoretical implications of the United States Supreme Court‘s recent contradictory sentencing cases, and I then examine how they are playing out in practice at the state level. Though Booker purports to follow, not repudiate, Blakely, its view of the role of appellate courts is wholly inconsistent with Blakely‘s view. Many states have sidestepped this contradiction by simply following Blakely and ignoring the option laid out in Booker. But at least three states have chosen to pass through the door opened by Booker. Their experiences allow us to examine the implications of Booker and …
Keeping Kids Safe In Custody: Youths’ Perception Of Safety While Incarcerated In Canada, Judy Finlay
Keeping Kids Safe In Custody: Youths’ Perception Of Safety While Incarcerated In Canada, Judy Finlay
Theses and Dissertations (Comprehensive)
Keeping Kids Safe (KKS) is a study that presents an integrated model to demonstrate that the interaction between the predisposition of the youth and the institutional environment acts to promote or deter safety among incarcerated youth. The study illustrates that the peer subculture that produces a spectrum of violence within the institution is dependent on both the extra-custody attributes of the youth that affect his attitudes, beliefs and behaviours and on the critical influence of institutional attributes like program resources, staff/youth interactions and practices of social control. A predisposition that includes child maltreatment and exposure to domestic violence was used …
Secondary Traumatic Stress: The Hidden Trauma In Child And Youth Counsellors, Michelle Linda Bloom
Secondary Traumatic Stress: The Hidden Trauma In Child And Youth Counsellors, Michelle Linda Bloom
Theses and Dissertations (Comprehensive)
The current research study was conducted to establish evidence based research identifying Secondary Traumatic Stress (STS) in Child and Youth Counsellors (CYCs). 161 CYCs participated in an online survey responding to both demographic questions and Bride’s (1999) Secondary Traumatic Stress Scale (STSS). Data analysis included both descriptive and inferential testing. Scoring of the STSS revealed that 66.1% of the CYCs sampled experienced some level of STS. The overall mean score is 33.65 suggesting that CYCs experienced a mild level of STS. An independent group t-test indicated that CYC’s who were exposed to children and youth’s traumatic experience 1 to 3 …
Procedural Obstacles To Reviewing Ineffective Assistance Of Trial Counsel Claims In State And Federal Postconviction Proceedings., Eve Brensike Primus
Procedural Obstacles To Reviewing Ineffective Assistance Of Trial Counsel Claims In State And Federal Postconviction Proceedings., Eve Brensike Primus
Articles
Ineffective assistance of trial counsel is one of the most frequently raised claims in state and federal postconviction petitions. This is hardly surprising given reports of trial attorneys who refuse to investigate their cases before trial, never meet with their clients before the day of trial, and fail to file any motions or object to inadmissible evidence offered at trial. Unfortunately, the current structure of indigent defense funding makes it impossible for many public defenders to provide effective representation to their clients.