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Articles 991 - 1020 of 3339
Full-Text Articles in Entire DC Network
The Gatekeeper Initiative And The Risk-Based Approach To Client Due Diligence: The Imperative For Voluntary Good Practices Guidance For U.S. Lawyers, Kevin L. Shepherd
The Gatekeeper Initiative And The Risk-Based Approach To Client Due Diligence: The Imperative For Voluntary Good Practices Guidance For U.S. Lawyers, Kevin L. Shepherd
ACTEC Law Journal
No abstract provided.
Death Penalty Sentencing In Japan Under The Lay Assessor System: Avoiding The Avoidable Through Unanimity, Elizabeth M. Sher
Death Penalty Sentencing In Japan Under The Lay Assessor System: Avoiding The Avoidable Through Unanimity, Elizabeth M. Sher
Washington International Law Journal
The Lay Assessor Act of 2004 mandated the creation of a mixed lay judge system, called the saibanin seido. Under this new system, jurors, or lay judges, sit with professional judges to decide the fate of criminal defendants. The Lay Assessor Act requires lay judges to decide both the verdict and sentencing of defendants in the same sitting. The verdict and sentence require support from a majority of the jurors and must include one professional judge on the panel. For certain crimes in Japan, the death penalty is one possible sentence. Under the saibanin seido system, for the first …
Legal Compliance And Korea's Financial Services Market: A Strategic Approach, Young-Cheol Jeong
Legal Compliance And Korea's Financial Services Market: A Strategic Approach, Young-Cheol Jeong
Washington International Law Journal
The purpose of this paper is to improve the compliance level in the Korean financial services market by proposing a more systematic approach to economic crimes. As one of the most important capital markets in Asia, the Korean financial services market has weathered well both the hardship of the Asian financial crisis and the challenges of the Great Recession. Thus, its policy directions and experience are valuable to other burgeoning capital markets around the world. This paper contributes to a better understanding of the compliance system in the Korean financial services market. Based on a literature review, this paper analyzes …
Medical Malpractice And Compensation In France, Part I: The French Rules Of Medical Liability Since The Patients' Rights Law Of March 4, 2002, Florence G'Sell-Macrez
Medical Malpractice And Compensation In France, Part I: The French Rules Of Medical Liability Since The Patients' Rights Law Of March 4, 2002, Florence G'Sell-Macrez
Chicago-Kent Law Review
While the French Law of medical malpractice had been mainly based on the Civil Code provisions related to contract law, the Patients Rights' Law of March 4, 2002 set forth general principles regarding the responsibility of health professionals and health institutions which are now in the Code of Public Health. The relatively new Law has modified the legal basis for medical liability, which is now regarded as a "legal regime" that is neither contractual nor tortious. The Patients' Rights Law of March 4, 2002 not only has reaffirmed the principle of fault-based liability in medical malpractice cases, but also allows …
When Yes Means No, Legally: An Eighth Amendment Challenge To Classifying Consenting Teenagers As Sex Offenders, Emily J. Stine
When Yes Means No, Legally: An Eighth Amendment Challenge To Classifying Consenting Teenagers As Sex Offenders, Emily J. Stine
DePaul Law Review
No abstract provided.
Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson
Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson
Missouri Law Review
This Note will examine the history of the Sixth Amendment's speedy trial clause, highlighting its development within the last twenty years. It will attempt to explain the rationale behind the court's decision to dismiss the indictment of a possibly violent criminal. It will take the position that in future cases where the government is to blame for an unusually slow prosecution, the outcome of this case must be repeated to maintain the integrity of the right to a speedy trial and our criminal justice system.
The Evolution Of The Theme Of Race Relations In The United States: A Rhetorical Analysis Of “The Gettysburg Address,” “I Have A Dream,” And “A More Perfect Union.”, Matthew Schonfeld
The Evolution Of The Theme Of Race Relations In The United States: A Rhetorical Analysis Of “The Gettysburg Address,” “I Have A Dream,” And “A More Perfect Union.”, Matthew Schonfeld
Communication Studies
No abstract provided.
Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares
Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares
University of Chicago Law Review
Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists, checkpoint searches violate the central requirement of valid Fourth Amendment searches—namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modern policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on the question …
Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society
Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University.
A Chip Off The Old Block: Familial Dna Searches And The African American Community, Brett Mares
A Chip Off The Old Block: Familial Dna Searches And The African American Community, Brett Mares
Minnesota Journal of Law & Inequality
No abstract provided.
How Prosecution Can Lead To Prevention, Luis Moreno-Ocampo
How Prosecution Can Lead To Prevention, Luis Moreno-Ocampo
Minnesota Journal of Law & Inequality
Speeches
A Study Of Intergenerational Crime From A Sociological Standpoint, Anna Robosson
A Study Of Intergenerational Crime From A Sociological Standpoint, Anna Robosson
Social Sciences
The focus of this project will be the patterns and causes of intergenerational crime within the United States. Ultimately, the goal of the project is to explain the phenomenon, as it is becoming a rising problem in the country.
Alumni Have Key Role To Play In Helping Furman Reach Its Goals, Chris Brown
Alumni Have Key Role To Play In Helping Furman Reach Its Goals, Chris Brown
Furman Magazine
No abstract provided.
Furman Alumni News, Furman University
Effect Of Crime Type, Citizenship Status, Ethnicity, And Location Of Interrogation On Perceptions Of Enhanced Interrogation Techniques, Brianna Correira
Effect Of Crime Type, Citizenship Status, Ethnicity, And Location Of Interrogation On Perceptions Of Enhanced Interrogation Techniques, Brianna Correira
Honors Senior Capstones and Theses
The current study asks when, if ever, is it acceptable to use "enhanced" interrogation techniques? A mostly White (90.4%), female (55%) sample of 240 participants read a vignette describing an Italian or Saudi Arabian suspect, who was a U.S. citizen or illegal immigrant, who was interrogated on either a U.S. army base or abroad for one of two crimes: child molestation or terrorism. The study failed to find the hypothesized interaction that participants would be more likely to endorse the use of harsh interrogation tactics when the suspect was Saudi Arabian, an illegal immigrant, accused of terrorism, and interrogated abroad. …
Preventive Detention Distorted: Why It Is Unconstitutional To Detain Immigrants Without Procedural Protections , Whitney Chelgren
Preventive Detention Distorted: Why It Is Unconstitutional To Detain Immigrants Without Procedural Protections , Whitney Chelgren
Loyola of Los Angeles Law Review
There are two main problems with the current immigration detention system: the conditions of confinement and the procedural mechanisms that are used to detain noncitizens. The current conditions of confinement cast serious doubt on the constitutionality of the detention system. Although it is purportedly civil, immigration detention is very much a punitive institution. Moreover, there is no binding regulation governing the operation of detention facilities or the conduct of detention staff. The problems that stem from this lack of regulatory oversight are compounded by the fact that many detention centers are run as for-profit businesses. More fundamentally, noncitizens are detained …
Relief From Deportation: An Unnecessary Battle , Christen Chapman
Relief From Deportation: An Unnecessary Battle , Christen Chapman
Loyola of Los Angeles Law Review
A removal hearing in immigration court focuses on two predominant issues—whether the noncitizen is deportable and whether the noncitizen should be granted relief from a deportation order. Because it is relatively easy for the government to prove deportability, most removal hearings turn on the noncitizen’s application for relief. Currently, an Immigration and Customs Enforcement (ICE) attorney serves as a relentless adversary throughout the removal process, even though few noncitizens are represented by counsel. Although the entire removal hearing lacks the elements that are essential to a fair adversarial proceeding, the ICE attorney’s participation in initially establishing a noncitizen’s removability is …
Adaptation And Resiliency In Legal Systems: Introduction, North Carolina Law Review
Adaptation And Resiliency In Legal Systems: Introduction, North Carolina Law Review
North Carolina Law Review
No abstract provided.
The Federal Common Law Crime Of Corruption, Lisa Kern Griffin
The Federal Common Law Crime Of Corruption, Lisa Kern Griffin
North Carolina Law Review
No abstract provided.
Complex Times Don't Call For Complex Crimes, Richard E. Myers Ii
Complex Times Don't Call For Complex Crimes, Richard E. Myers Ii
North Carolina Law Review
No abstract provided.
Alaska Justice Forum ; Vol. 28, No. 2-3 (Summer / Fall 2011), Antonia Moras, N/A Bureau Of Justice Statistics
Alaska Justice Forum ; Vol. 28, No. 2-3 (Summer / Fall 2011), Antonia Moras, N/A Bureau Of Justice Statistics
Vols 21-30 (2004-2014)
The Summer/Fall 2011 issue of the Alaska Justice Forum features articles on immigration in Alaska, a pilot project for Anchorage probation violators, Alaska's five-year plan for offender reentry, and the impact of Village Public Safety Officers (VPSOs) in violence against women cases.
The Criminalization Of Immigration And The International Norm Of Non-Discrimination: Deportation And Detention In U.S. Immigration Law, Barbara A. Frey, X. Kevin Zhao
The Criminalization Of Immigration And The International Norm Of Non-Discrimination: Deportation And Detention In U.S. Immigration Law, Barbara A. Frey, X. Kevin Zhao
Minnesota Journal of Law & Inequality
No abstract provided.
To Plea Or Not To Plea: The Benefits Of Establishing An Institutionalized Plea Bargaining System In Japan, Priyanka Prakash
To Plea Or Not To Plea: The Benefits Of Establishing An Institutionalized Plea Bargaining System In Japan, Priyanka Prakash
Washington International Law Journal
Plea bargaining, the practice that permits the prosecution and defense to negotiate reduced charges or a lighter sentence in exchange for the defendant’s guilty plea, is a bedrock component of the criminal justice system in many nations. The Japanese legal community, however, has resisted introducing plea bargaining into Japan’s legal system. From 2001 to 2004, the Japanese legislature passed over twenty reform laws to prepare the country’s criminal justice system for the demands of the twenty-first century, but provisions for plea bargaining were conspicuously absent from the reform package. This is largely because the Japanese legal community views plea bargaining …
The Church Abuse Scandal: Processing The Pope Before The International Criminal Court, Benjamin David Landry
The Church Abuse Scandal: Processing The Pope Before The International Criminal Court, Benjamin David Landry
Chicago Journal of International Law
In the early 2000s, the Catholic Church was revealed to have been involved in a pattern of sexual abuse of children. The Church's internal policies allowed members to cover up the abuse by swearing victims to secrecy and refusing to report the abuse to authorities. This routine arguably enabled further abuse by providing abusers with continued access to children. Due, in part, to the hierarchical structure of the Church, commentators argued for the prosecution of Church leadership. Commentators focused on Cardinal Joseph Ratinger, now Pope Benedict XT7, who was, from 1971 to his elevation to the Holy See in 2005, …
What Is The Monetary Value Of Slave Labor?: Restitution Based On A Traditional Fair Market Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims, Benjamin Thomas Greer
What Is The Monetary Value Of Slave Labor?: Restitution Based On A Traditional Fair Market Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims, Benjamin Thomas Greer
Northern Illinois University Law Review
Human trafficking is an abomination that decimates the lives of the trafficked, fracturing families, and is an act exploiting human labor as a renewable resource. Post-conviction proceedings primarily focus on the disposition of sentence and rehabilitation of the convicted. Restitution for the victim is too often marginalized, relegated to an afterthought. Prosecutors are often reluctant to vigorously pursue victim restitution, as they feel they have achieved their mandate of conviction, shifting their focus to their next case file. Without a nuanced and appropriately formulated monetary recovery for their damages, the victim fails to be made “whole.” With the recent resurgence …
Child Abuse Investigations: How Cps And Law Enforcement Engage In Collaboration, Viola W. Lindsey
Child Abuse Investigations: How Cps And Law Enforcement Engage In Collaboration, Viola W. Lindsey
Loma Linda University Electronic Theses, Dissertations & Projects
Child welfare social workers (CPS) and law enforcement professionals are the sole professional groups in California assigned the task of investigating child physical and sexual abuse allegations. Both professional groups report that child-well-being is the ultimate outcome desired when addressing the needs of vulnerable and “at risk” children. Despite this shared vision CPS and law enforcement professionals also described competing outcomes that are often contradictory; particularly in how each group characterizes different professional responsibilities in achieving child well-being. For example, CPS describes the dual responsibilities of preventing children from further harm while at the same time identifying factors that led …
A Broken System, Jodie Ford
The Juvenile In-Justice System, Kasey Susan Franks
The Juvenile In-Justice System, Kasey Susan Franks
Social Sciences
No abstract provided.
On The Road -- Wearing A Russian Hat To The Revolution: Libraries, Gaming, And Learning, Oh My!, Jared Alexander Seay
On The Road -- Wearing A Russian Hat To The Revolution: Libraries, Gaming, And Learning, Oh My!, Jared Alexander Seay
Against the Grain
No abstract provided.
Random Ramblings -- The Journal Is Dead; Long Live The Article, Bob Holley
Random Ramblings -- The Journal Is Dead; Long Live The Article, Bob Holley
Against the Grain
No abstract provided.