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Articles 2521 - 2550 of 3341
Full-Text Articles in Entire DC Network
The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord, Matthew A. Smith
The Reason Behind The Rules: From Description To Normativity In International Criminal Procedure, Noah Weisbord, Matthew A. Smith
North Carolina Journal of International Law
No abstract provided.
The Icc Statute - An Insider's Perspective On A Sui Generis System For Global Justice, Fatou Bensouda
The Icc Statute - An Insider's Perspective On A Sui Generis System For Global Justice, Fatou Bensouda
North Carolina Journal of International Law
No abstract provided.
Failures Of The American Adversarial System To Protect The Innocent And Conceptual Advantages In The Inquisitorial Design For Investigative Fairness, Robert P. Mosteller
Failures Of The American Adversarial System To Protect The Innocent And Conceptual Advantages In The Inquisitorial Design For Investigative Fairness, Robert P. Mosteller
North Carolina Journal of International Law
No abstract provided.
Should We Search For The Truth, And Who Should Do It, Thomas Weigend
Should We Search For The Truth, And Who Should Do It, Thomas Weigend
North Carolina Journal of International Law
No abstract provided.
Harmonizing Procedural Rights Indirectly: The Framework On Trials In Absentia, Martin Bose
Harmonizing Procedural Rights Indirectly: The Framework On Trials In Absentia, Martin Bose
North Carolina Journal of International Law
No abstract provided.
Eu Policy To Guarantee Procedural Rights In Criminal Proceedings: Step By Step, T. N. B. M. Spronken De Vocht, D. L. F.
Eu Policy To Guarantee Procedural Rights In Criminal Proceedings: Step By Step, T. N. B. M. Spronken De Vocht, D. L. F.
North Carolina Journal of International Law
No abstract provided.
Comparative Empiricism And Police Investigative Practices, Christopher Slobogin
Comparative Empiricism And Police Investigative Practices, Christopher Slobogin
North Carolina Journal of International Law
No abstract provided.
Table Of Contents, North Carolina Journal Of International Law And Commercial Regulation
Table Of Contents, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
Adversarial Counsel In An Inquisitorial System, Richard E. Myers
Adversarial Counsel In An Inquisitorial System, Richard E. Myers
North Carolina Journal of International Law
No abstract provided.
The Present And Future Of Plea Bargaining: A Look At Missouri V. Frye And Lafler V. Cooper, Wesley Macneil Oliver
The Present And Future Of Plea Bargaining: A Look At Missouri V. Frye And Lafler V. Cooper, Wesley Macneil Oliver
Law Faculty Publications
No abstract provided.
Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres
Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres
Michigan Journal of International Law
In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …
Working Relationships, Laura A. Rosenbury
Working Relationships, Laura A. Rosenbury
UF Law Faculty Publications
In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …
The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain
The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain
UF Law Faculty Publications
This article describes the contemporary landscape of the French jury. Putting the institution in its historical and political context, it begins with an overview of the rich history of the French jury. We describe the earliest form of community judgment in France, the introduction of a formal jury system following the French Revolution, and the political and legal influences that transformed it from an independent body of lay citizens to a mixed decision-making body of professional and lay judges. We next identify characteristic features of contemporary French jury trial procedure and the respective roles and responsibilities of professional and lay …
The Centrality Of Social Justice For An Academic Intellectual Property Institute, Steven D. Jamar, Lateef Mtima
The Centrality Of Social Justice For An Academic Intellectual Property Institute, Steven D. Jamar, Lateef Mtima
SMU Law Review
No abstract provided.
A Collaboration Over Time, Alexander Mccall Smith
A Collaboration Over Time, Alexander Mccall Smith
SMU Law Review
No abstract provided.
Risk In Sentencing: Constitutionally Suspect Variables And Evidence-Based Sentencing, J. C. Oleson
Risk In Sentencing: Constitutionally Suspect Variables And Evidence-Based Sentencing, J. C. Oleson
SMU Law Review
No abstract provided.
The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar
The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar
Cleveland State Law Review
While Dickerson's rationale is certainly correct in presuming that those over thirty have already learned about the Miranda warning from decades of television, younger generations only have today's Miranda-less programming on which to form their assumptions about law enforcement. Miranda can still be found on television, but its presence has severely diminished over the years. If this trend continues, how will America's current youth internalize the Miranda warning in the way older generations have? Near-universal awareness of Miranda is an artifact of a shared popular culture in which the repetition of the warnings was pervasive and inescapable. But how can …
The Foster Parent Experience Of Attachment, Taylor Cohen
The Foster Parent Experience Of Attachment, Taylor Cohen
Master's Theses and Capstones
This study explores the attachment experience of foster parents. The researcher used a qualitative research framework to explore what 10 foster parents experienced in regards to attachment with their foster children. Based on the data and content analysis, a foster parent ecology emerged showing that the foster parent/child attachment relationship is affected by doctors, therapists, social workers, case workers, other foster parents, and the biological parents. The temporary nature of foster care and the goal of reunification of child to biological parent also affected the attachment relationship between foster parent and foster child.
Prosecuting Heads Of State: Evolving Questions Of Venue - Where, How, And Why?, Masaya Uchino
Prosecuting Heads Of State: Evolving Questions Of Venue - Where, How, And Why?, Masaya Uchino
UC Law SF International Law Review
This note surveys the different venues in which heads of state can be prosecuted. Heads of states have been tried in domestic courts, international criminal tribunals, and special "hybrid" courts. Each of these venues has a distinct set of procedures that provides different boundaries and rules for prosecutors and courts that are charging or trying a case. This note highlights how these differences can significantly impact the outcome of prosecutors' attempts to hold a head of state accountable for his crimes. To illustrate this, this note examines three very different examples of head of state prosecutions: Alberto Fujimori in Peru, …
Racial Profiling-Separate And Unequal Keeping The Minorities In Line - The Role Of Law Enforcement In America, April Walker
Racial Profiling-Separate And Unequal Keeping The Minorities In Line - The Role Of Law Enforcement In America, April Walker
St. Thomas Law Review
This article will explore the history of modern policing and examine police brutality at the early stages of the implementation of law enforcements in this country. Also, this article will address whether race, gender, sexual orientation, religion, or ethnicity contributes to higher incidents of police brutality and review common misconceptions by the public about police brutality and retaliation against citizens who report police brutality. This article will define the term qualified immunity and highlight its application towards police officials and district attorneys, while also analyzing highly publicized cases and their dispositions. Lastly, this article will address possible solutions to combating …
Fear Itself: The Impact Of Allegations Of Gang Affiliation On Pre-Trial Detention, K. B. Howell
Fear Itself: The Impact Of Allegations Of Gang Affiliation On Pre-Trial Detention, K. B. Howell
St. Thomas Law Review
This article addresses the impact of alleged gang membership at the initial detention/bail determination for three reasons. First, the right to non-excessive bail is guaranteed by the Eighth Amendment. Second, although the impact of trial testimony about gangs presents a number of issues meriting exploration, the vast majority of criminal cases are either dismissed or resolved by plea. This is particularly so when charges are less serious. When misdemeanors or low-level felonies are charged, the incarceration of the defendant on excessive pre-trial bail will alter negotiation dynamics such that a defendant is likely to plead guilty in order to obtain …
Florida's Adoption Of The Uniform Power Of Attorney Act: Is It Sufficient To Protect Florida's Vulnerable Adults, Rebecca C. Bell
Florida's Adoption Of The Uniform Power Of Attorney Act: Is It Sufficient To Protect Florida's Vulnerable Adults, Rebecca C. Bell
St. Thomas Law Review
This article evaluates the effectiveness of the Florida Power of Attorney Act ("Florida's Act") in providing additional protections for Florida residents executing a power of attorney, while maintaining the principal's autonomy. Part II provides the development and purposes of the UPOAA, which appealed to the drafters of the Florida Act. Part III details the benefits and limitations of the UPOAA and the Florida Act's modifications as related to the agent's duties, authorities, and liabilities. Florida's modifications of the UPOAA, however, require improvement to further protect the principal. Finally, Part IV examines the weaknesses that remain in the durable power of …
Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practicioners, And Its Clinical Impact On Society--A Paradigm For Change, Ann Marie Cavazos
Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practicioners, And Its Clinical Impact On Society--A Paradigm For Change, Ann Marie Cavazos
Journal Publications
Many articles have been written focusing on the benefits that the law students receive from participating in a rigorous program of clinical study early on in their careers. However, little focus has been given to the clients who participate in law school clinics. Most of the time these clients are poor and minorities with few, if any, options for legal representation. In general, law student clinical work has been confined to local clients with local issues. Even law schools that handle national issues have clients that are local and the issues that give rise to the national representation occur locally. …
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucien E. Dervan
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucien E. Dervan
Georgia State University Law Review
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …
Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle
Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle
Georgia State University Law Review
The relationship between terrorism and international criminal law has provoked a good deal of discussion in the wake of the terrorist attacks of September 11, 2001 in New York City and at the Pentagon in Washington, D.C. A particularly challenging issue pertains to whether terrorism is an international crime or a transnational crime, and if and in what context offenders and offenses, to which we affix the label of terrorist and terrorism, should or can be subject to the limited jurisdiction of the International Criminal Court (ICC) and other international and national criminal tribunals.
Dna Fabrication, A Wake Up Call: The Need To Reevaluate The Admissibility And Reliability Of Dna Evidence, Kristen Bolden
Dna Fabrication, A Wake Up Call: The Need To Reevaluate The Admissibility And Reliability Of Dna Evidence, Kristen Bolden
Georgia State University Law Review
In June 2009, Israeli forensic science researchers published a ground breaking study that put credence to the possibility of creating artificial Deoxyribonucleic Acid (DNA) that can fool current forensic testing procedures. The researchers asserted that anyone with the proper equipment and basic understanding of molecular biology could create artificial DNA in virtually unending amounts. Furthermore, the research demonstrates that the current American forensic science system utilized by law enforcement is incapable of distinguishing between artificial and genuine DNA.
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Hofstra Law Review
No abstract provided.
The Family Law Canon In A (Post?) Racial Era, Shani M. King
The Family Law Canon In A (Post?) Racial Era, Shani M. King
UF Law Faculty Publications
While the debate about a post-racial society rages, our justice system continues to operate in a way that is race-conscious. It seems as though most of the discussion about race and the justice system concerns criminal justice, juvenile justice, education, and immigration. But race consciousness also impacts family law. Nonetheless, the family law canon does not scrutinize race-based disparities in laws, procedures, and outcomes, and that omission feeds a mistaken notion of a race-blind or a post-racial society. One consequence of this omission is that it obscures race-based decision making by legislatures, judges, legal reform organizations, legal scholars, lawyers, and …
Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John F. Stinneford
Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John F. Stinneford
UF Law Faculty Publications
Although a century has passed since the Supreme Court started reviewing criminal punishments for excessiveness under the Cruel and Unusual Punishments Clause, this area of doctrine remains highly problematic. The Court has never answered the claim that proportionality review is illegitimate in light of the Eighth Amendment’s original meaning. The Court has also adopted an ever-shifting definition of excessiveness, making the very concept of proportionality incoherent. Finally, the Court’s method of measuring proportionality is unreliable and self contradictory. As a result, a controlling plurality of the Court has insisted that proportionality review be limited to a narrow class of cases. …