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Articles 2101 - 2130 of 3282
Full-Text Articles in Entire DC Network
The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami
The Excitement Of Interdictory Ideas: A Response To Professor Anders Walker, Marc O. Degirolami
Scholarly Articles
Having canvassed admirably the historical changes to the criminal law case book over the twentieth century, Professor Anders Walker's article suggests that criminal law ought to concern itself with the business of training future prosecutors and defense attorneys by eliminating, or at least greatly reducing, the place of moral and political reflection in the course, which was in any event the supercilious indulgence of elite law schools that disprized criminal practice. His normative prescriptions are of a piece with much that is currently in vogue in criticisms of legal education: that it is impractical, that it does not respond to …
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
Scholarly Articles
The Confrontation Clause of the Sixth Amendment normally precludes the state from offering a child's "testimonial" hearsay statements into evidence if the child does not testify. An exception to that rule arises, however, if the defendant has engaged in misconduct that results in the forfeiture of the right to confront the child in court. In Giles v California, the United States Supreme Court attempted to clarify what a prosecutor must show in order to invoke the forfeiture doctrine. This Article examines the effect of Giles on the "testimonial" statement of a child declarant who does not testify at the defendant's …
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Scholarly Articles
Part I of this Essay describes the systemic indigent defense suits in Michigan and New York, noting their similar but ultimately divergent paths. Part II addresses the question of how systemic litigation in the indigent defense arena is faring in the wake of the Michigan suit. Despite the Michigan setback, this kind of litigation may still be a powerful reform tool in certain jurisdictions. Moreover, in some jurisdictions there will always be the need for litigation simply because it is the only path to reform. I note three jurisdictions where litigation is either already happening in some fashion and/or where …
How System Criminality Could Exacerbate The Weaknesses Of International Criminal Law, Julian Ku
How System Criminality Could Exacerbate The Weaknesses Of International Criminal Law, Julian Ku
Santa Clara Journal of International Law
According to Andre Nollkaemper, the problem of “system criminality” reveals a flaw in the international criminal law’s focus on individual liability.Because many of the criminal acts prohibited by international criminal law are inextricably intertwined with the political and legal system from which it emerges, Nollkaemper argues, international criminal law should be reconsidered to address these systemic factors. Otherwise, it cannot achieve its second goal of deterring future criminal activity. In this comment, I suggest that pursuing system criminality would actually tend to worsen the problems Nollkaemper seeks to address. By widening the set of individuals who are likely to resist …
The Tree's Acorns And Gun's Clips: The Battle Between Gun Control Advocates And The Constitutions Of The United States, Ireland, And Australia, Ricardo N. Cordova
The Tree's Acorns And Gun's Clips: The Battle Between Gun Control Advocates And The Constitutions Of The United States, Ireland, And Australia, Ricardo N. Cordova
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Comparing Constitutional Constraints On Government Searches: The United States And Hong Kong, Joseph N. Cotilletta
Comparing Constitutional Constraints On Government Searches: The United States And Hong Kong, Joseph N. Cotilletta
Penn State International Law Review (1982 - 2011)
No abstract provided.
Kant, Habermas And Democratic Peace, Robert J. Delahunty, John Yoo
Kant, Habermas And Democratic Peace, Robert J. Delahunty, John Yoo
Chicago Journal of International Law
Our core claim, then, is this: Habermas conceives the "Kantian project" to be one of securing global peace and upholding basic human rights through strengthening and expanding supranational and transnational institutions. In substance, he is offering a kind of Kantian world federalism as the way forward for the global community of states. We consider that approach fundamentally mistaken. In our view, democracy-promotion is clearly the better path. It recognizes the necessity and desirability of a plurality of independent nation states. It is more protective of both the freedom of individuals and the cultural identities of peoples. It is far more …
Legal Ethics In International Criminal Defense, Jenia Iontcheva Turner
Legal Ethics In International Criminal Defense, Jenia Iontcheva Turner
Chicago Journal of International Law
I argue that distinctive features of international criminal courts and prosecutions suggest a more flexible approach to the ethical norms governing defense advocacy, closer to that embodied by the Model Rules. Moreover, I suggest that international criminal courts should promulgate guidelines which convey to defense attorneys that particular aggressive practices are not required by ethical duties and that such practices may be more inconsistent than consistent with good defense lawyering. I do not propose additional rules that would absolutely prohibit such practices in international courts. Nor do I suggest that defense attorneys should ever fail to diligently and zealously represent …
Why Did China Reform Its Death Penalty?, Kandis Scott
Why Did China Reform Its Death Penalty?, Kandis Scott
Washington International Law Journal
China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
Richmond Journal of Global Law & Business
“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government.
Two Understandings Of Supremacy: An Essay, Vincent J. Samar
Two Understandings Of Supremacy: An Essay, Vincent J. Samar
Richmond Journal of Global Law & Business
Does the supremacy provision of Article VI of the U.S. Constitution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and that only constitutional officers of the United States, in keeping with their responsibilities to uphold the Constitution, can decide what is international law for the U.S. Such debates are not new to the history of the world. For much of world history, national rulers have claimed that their legal authority derives …
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose
Santa Clara Journal of International Law
No abstract provided.
Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young
Different Shades Of Bias: Skin Tone, Implicit Racial Bias, And Judgments Of Ambiguous Evidence, Justin D. Levinson, Danielle Young
West Virginia Law Review
No abstract provided.
Distance Education Speech "Remaking The Traditional Institution" Background, George C. Wright
Distance Education Speech "Remaking The Traditional Institution" Background, George C. Wright
President Emeritus George C. Wright Speeches
No abstract provided.
The Beginning Of The End For Life Without Parole?, Michael M. O'Hear
The Beginning Of The End For Life Without Parole?, Michael M. O'Hear
Faculty Publications
No abstract provided.
If You Speak Up, Must You Stand Down: Caperton And Its Limits, Richard M. Esenberg
If You Speak Up, Must You Stand Down: Caperton And Its Limits, Richard M. Esenberg
Faculty Publications
No abstract provided.
The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court’S Sphere Of Influence, Lisa J. Laplante
The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court’S Sphere Of Influence, Lisa J. Laplante
Faculty Publications
No abstract provided.
Compassion And The Public Interest: Wisconsin’S New Compassionate Release Legislation, Gregory J. O'Meara
Compassion And The Public Interest: Wisconsin’S New Compassionate Release Legislation, Gregory J. O'Meara
Faculty Publications
No abstract provided.
Annual Report, Fiscal Year 2009-2010, Tennessee. Bureau Of Investigation
Annual Report, Fiscal Year 2009-2010, Tennessee. Bureau Of Investigation
Annual Reports
This document is the annual report for the TBI during the fiscal year.
Crime In Tennessee 2010, Tennessee. Bureau Of Investigation
Crime In Tennessee 2010, Tennessee. Bureau Of Investigation
Crime in Tennessee
The information contained in the report is based upon crime statistics information submitted by all law enforcement agencies in Tennessee to TBI’s Tennessee Incident Based Reporting System (TIBRS) Program. TIBRS is the state version of the FBI’s National Incident Based Reporting System (NIBRS) Program.
School Crimes Study [2010], Tennessee. Bureau Of Investigation
School Crimes Study [2010], Tennessee. Bureau Of Investigation
School Crime
This study presents the nature, volume, and extent of reported crimes on school campuses, excluding colleges and universities.
The Applicability Of Agnew’S General Theory Of Crime And Delinquency To Recent Juvenile Gang Membership In Houston, Marika Dawkins, Camille Gibson
The Applicability Of Agnew’S General Theory Of Crime And Delinquency To Recent Juvenile Gang Membership In Houston, Marika Dawkins, Camille Gibson
Contemporary Issues in Juvenile Justice
This qualitative descriptive study used Agnew's general strain theory of crime and delinquency as lens through which to interpret the recent developments of juvenile gangs and gang-related activities in Houston, Texas. Agnew strain theory's main prepositions describe: 1) an inability to achieve goals that are valued positively, 2) an absence of positive goals, and 3) a presence of negativity or crime. These were assessed in terms of applicability to joining gangs in Houston. Data were collected by unstructured interviews of city employees who respond to Houston's gangs (e.g., Mayor' Anti-Gang Office staff and Houston Police Department officers), area observations, and …
Same Bang, Less Buck: A Cost-Benefit Analysis Of South Carolina’S Youth Courts, Holly Miller, J Mitchell Miller
Same Bang, Less Buck: A Cost-Benefit Analysis Of South Carolina’S Youth Courts, Holly Miller, J Mitchell Miller
Contemporary Issues in Juvenile Justice
While youth courts experience tremendous growth nationwide, their utility is largely unproven, particularly in state-level contexts. This study conducted a cost-benefit analysis of South Carolina's youth courts. The study found that while youth courts and family courts produced comparable recidivism rates, youth courts were substantially less expensive for comparable adjudications. The relative efficiency of youth courts, however, was neither monolithic nor guaranteed. Individual youth courts displayed considerable variation and some youth courts were not as efficient as their traditional family court counterparts. Inefficient youth courts had low caseloads, typically resulting from inefficient or immature referral systems and a reliance on …
Africentrism And Africentric Rituals: Their Role In Jamaican Male Motivation To Pursue Higher Education, Totlyn A. Oliver
Africentrism And Africentric Rituals: Their Role In Jamaican Male Motivation To Pursue Higher Education, Totlyn A. Oliver
Contemporary Issues in Juvenile Justice
This academic research presents the case for Africentrism and its attendant rituals for the African Diaspora to aid in the motivation and inspiration factor in the male's choice to pursue higher education in Jamaica. The paper discussed Africentric rites of passage against the background of pre-emancipation and post-emancipation education in Jamaica. It also analyzed the current educational system for male nationals along with the implications for applying Africentrism to theories and practice of education for male stu-dents. The major concern precipitating this study was the low levels of male enrolment in institutions of higher learning, as the female population far …
The View Behind Rubber Bars: An Analysis And Examination Of Faith And Non-Faith Jail Reentry Programs In Central Florida, Gautam Nayer
The View Behind Rubber Bars: An Analysis And Examination Of Faith And Non-Faith Jail Reentry Programs In Central Florida, Gautam Nayer
Contemporary Issues in Juvenile Justice
This paper examined the usefulness of jail reentry programs as an alternative towards increased jail and prison costs. Policy issues for returning inmates could and often did include future employment prospects, housing and public safety. Prisoner reentry programs generally fell into two broad categories; faith and non-faith based. Generally, non-faith programs were conducted in jail or prison while the individual was incarcerated for an extended period of time.Non-faith type programs involved classes on anger management, G.E.D. attainment, college credits, or alcohol or drug abuse therapy. Faith based programs were generally Christian based, although they usually did not discriminate against other …
The Quest For Victims' Justice In India, Subhradipta Sarkar
The Quest For Victims' Justice In India, Subhradipta Sarkar
Human Rights Brief
No abstract provided.
Center News/Faculty And Staff Updates, Human Rights Brief
Center News/Faculty And Staff Updates, Human Rights Brief
Human Rights Brief
No abstract provided.
“Desarreglos Propios Del Sexo”: Advertising Menstrual Disorders And Regulating Women In Fin-De-Siglo Spain, Robin Ragan
“Desarreglos Propios Del Sexo”: Advertising Menstrual Disorders And Regulating Women In Fin-De-Siglo Spain, Robin Ragan
Decimonónica
The year is 1893. Dr. Velázquez declares in Madrid that a fourth if not half of all women suffer from it (qtd. in Aldaraca, “The Medical” 410). Remedies range from Dr. Weir Mitchell’s rest cure and marriage (read sex) to the use of contraptions like ovary compressors or leeches to the anus. Of course, I am referring to the disease hysteria. The fin-de-siglo medical field became obsessed with women’s “nervous conditions” and the apparent epidemic of hysteria. I am inserting my research into a voluminous, intriguing body of criticism that looks at hysteria as a cultural metaphor revealed in nineteenth- …
Debacle: How The Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman Iii
Debacle: How The Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman Iii
Faculty Publications
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with McMillan v. Pennsylvania in 1986, crescendoed in Blakely v. Washington and United States v. Booker in 2004-2005, and continued in 2009 in cases such as Oregon v. Ice, has been a colossal judicial failure. First, the Court has failed to provide a logically coherent, constitutionally based answer to the fundamental question of what limits the Constitution places on the roles played by the institutional actors in the criminal justice system. It failed to recognize that defining, adjudicating and punishing crimes implicates both the …
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Faculty Scholarship
No abstract provided.