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2012

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Formulating A New Atrocity Speech Offense: Incitement To Commit War Crimes, Gregory S. Gordon Jan 2012

Formulating A New Atrocity Speech Offense: Incitement To Commit War Crimes, Gregory S. Gordon

Loyola University Chicago Law Journal

No abstract provided.


Graduate Bulletin 2012-2013, Cuny John Jay College Jan 2012

Graduate Bulletin 2012-2013, Cuny John Jay College

College Bulletins

Covers academic year 2012-2013


The Charter Versus The Government’S Crime Agenda, Kent Roach Jan 2012

The Charter Versus The Government’S Crime Agenda, Kent Roach

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Safe Streets and Communities Act, like many other parts of the government’s crime agenda, relies on both prosecutorial discretion and a general judicial reluctance to strike down mandatory sentences. Successful Charter challenges to mandatory sentences are not impossible, as seen by Molloy J.’s recent decision in Smickle, but they will be difficult. In particular, the use of reasonable hypotheticals in section 12 analysis may be precluded by reliance on the assumption that longer mandatory sentences will not be applied when the Crown has the power to avoid such sentences by electing to prosecute the relevant crime by way of …


Back To The Future, William D. Araiza Jan 2012

Back To The Future, William D. Araiza

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Rehabilitating Lochner: Defending individual rights against progressive reform. By David Bernstein. Chicago, University of Chicago Press. 2011. Pp. viii, 194. Reviewed by William D. Araiza.


A Brief History Of Usf St. Petersburg, James Anthony Schnur Jan 2012

A Brief History Of Usf St. Petersburg, James Anthony Schnur

USF St. Petersburg Campus Faculty Publications

No abstract provided.


Stop The Fight For Women's Equality, Miranda Mcgowan Jan 2012

Stop The Fight For Women's Equality, Miranda Mcgowan

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Gender equality: Dimensions of women's citizenship, (Linda C. McClain & Joanna L. Grossman, eds.). New York, Cambridge University Press. 2009. Pp. 450.


Human Trafficking: Law Enforcement's Perceptions And Knowledge, Stormy Michelle Slider Jan 2012

Human Trafficking: Law Enforcement's Perceptions And Knowledge, Stormy Michelle Slider

Criminology & Criminal Justice Theses - Archive

The perceptions and knowledge of law enforcement personnel regarding the issue of human trafficking was analyzed by utilizing a self-administered survey with questions measuring those items. Unfortunately there is a limited amount of literature available that addresses the role and responses to human trafficking amongst law enforcement personnel and was therefore taken into consideration during the analysis of this research study. The findings of this study found that there does not seem to be a significant statistical difference among law enforcement personnel's confidence in victim identification when related directly to the number of training hours they have received pertaining to …


A Closer Look At Race, Capital, And Sentencing: An Examination Of Race And Death Penalty Post-Furman And Gregg Decisions From 1977-2011, Michael R. Khodayari Jan 2012

A Closer Look At Race, Capital, And Sentencing: An Examination Of Race And Death Penalty Post-Furman And Gregg Decisions From 1977-2011, Michael R. Khodayari

Criminology & Criminal Justice Theses - Archive

The aim of this thesis is to study racial disparity in capital sentencing since Gregg and Furman decisions from 1977-2011. The data used in this study came from execution in the United States, 1608-2002 (the ESPY file) and death penalty information center, 2003-2011. The findings of the data suggest that there is a relationship between the race of the victim and the race of the offender in the capital sentencing. Most of the empirical literature to date examined in the study also conclude that race is a determining factor in capital punishment cases.


Racial Disparity And The Crack Cocaine Federal Sentencing Guidelines, Sandy L. Binnicker Jan 2012

Racial Disparity And The Crack Cocaine Federal Sentencing Guidelines, Sandy L. Binnicker

Criminology & Criminal Justice Theses - Archive

Racial disparities throughout the Federal Prison System are perhaps more apparent today than ever largely due to the fact that people are becoming increasingly cognizant of disproportionate sentencing for various types of crimes, most notably for crack cocaine versus powder cocaine offenses established under the Federal Sentencing Guidelines. Regardless of their legal origins, or who or what is most responsible for their continued utilization, the uses of disproportionate sentences for similar offenses are part of an alarming trend occurring in our criminal justice system. It is crucial, therefore, to have a better understanding of the magnitude of this problem, both …


Human Trafficking: The Perceptions Of Students Towards The Underground Sex Trafficking Network, Jennifer Jones Jan 2012

Human Trafficking: The Perceptions Of Students Towards The Underground Sex Trafficking Network, Jennifer Jones

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to measure the perception, while controlling for race and ethnicity, towards human trafficking in 2012. Specifically, the perceptions of both undergraduate and graduate criminology and criminal justice college students at the University of Texas at Arlington are examined by a survey. A Quantitative empirical approach is used to measure the views of students on this topic. This study uses a non-experimental, cross-sectional survey design which consists of a single observation of undergraduate and graduate students at the University of Texas at Arlington. A non-probability convenience sample (n=108) is used for this group. The ultimate …


Fear Of Dna Exonerees, Callie Brown Jan 2012

Fear Of Dna Exonerees, Callie Brown

Criminology & Criminal Justice Theses - Archive

The purpose of this research was to determine if the public has a fear of wrongly convicted individuals that have since been exonerated through the use of DNA evidence. Existing research on DNA exonerations and exonerees has not addressed this phenomenon. The researcher distributed surveys to undergraduate students taking criminology and criminal justice courses at the University of Texas at Arlington. The data was analyzed using a t-test to compare the means of Caucasian and non-Caucasian respondents. The findings suggest that Caucasians and minorities have different levels of perceived fear of DNA exonerees in a variety of circumstances. The two …


Defense Industry Fraud And Whistle-Blowing: A Study Of The Relationship Between Perceptions Of Fraud And Whistle-Blowing, Ryan A. Bradbury Jan 2012

Defense Industry Fraud And Whistle-Blowing: A Study Of The Relationship Between Perceptions Of Fraud And Whistle-Blowing, Ryan A. Bradbury

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to explore the relationship between perception of fraud occurring in the defense industry and likelihood of engaging in whistle-blowing behaviors. To accomplish this, college students attending the University of Texas at Arlington were selected (n=281) to respond to surveys on the topic of defense industry fraud and whistle-blowing. This study used statistical analyses such as T-tests (Independent Sample T-test and ANOVAs) to determine significant differences between variables. The variables of gender, race, major, political party and defense industry associations were found to have statistically significant differences. Scales were also created for perception of defense …


The Effect Of Video Games On Aggressive Behavior In Undergraduate Students, Marisa Prokarym Jan 2012

The Effect Of Video Games On Aggressive Behavior In Undergraduate Students, Marisa Prokarym

Criminology & Criminal Justice Theses - Archive

The study of the relationship between media and aggressive behavior gained popularity in the 1950's with television and has evolved to examine other media sources in the following decades. Video games have become the new media source of concern within the past decade (popularized in 2000), and as a result inspired the current study as an extension of the previous media studies. The current study examined the effect of video game play on aggressive behavior through survey research and consisted of 167 undergraduate participants at the University of Texas - Arlington. The analysis revealed that the personality and behavior of …


Child Abuse Among Tarrant County Probationers, Alyssa Wadas Jan 2012

Child Abuse Among Tarrant County Probationers, Alyssa Wadas

Criminology & Criminal Justice Theses - Archive

Child abuse occurs throughout every city, in every state, in the United States. Child abuse occurs in many different forms, including but not limited to: physical abuse, emotional abuse, sexual abuse, medical neglect, psychological abuse and neglect. For many children child abuse never gets reported and children have a lifetime to cope with the effects of the abuse without consequence to the abuser. The current study explores probationers who report to the Tarrant County Probation office in Tarrant County Texas who have been convicted of or received deferred adjudication for committing an offense against a child in the State of …


Perceptions Of Inmates, Inmates' Life In Prison, And Reentry Into Society: An Evaluation Of Educational Influence On Societal Perceptions Versus The Realities Of Inmates' Experiences, Krystal Salazar Jan 2012

Perceptions Of Inmates, Inmates' Life In Prison, And Reentry Into Society: An Evaluation Of Educational Influence On Societal Perceptions Versus The Realities Of Inmates' Experiences, Krystal Salazar

Criminology & Criminal Justice Theses - Archive

The purpose of this study was to conduct an in class survey over the perceptions of inmates, inmates' life in prison and reentry into society. The study hoped to gain understanding of educational influence on societal current perceptions on the topic. Statistical analyses of t-tests were conducted to control for gender, victimization, and knowing someone who was ever incarcerated versus not knowing someone ever incarcerated. The results suggested many victims agreed that inmates face hardships in prison and in society. Furthermore, victims believed community cohesion is crucial to reintegration. The study hypothesized that perceptions of inmates, inmates' life in prison …


Student Perceptions Of Drug Neighborhoods: An Analysis Of Visual Cues That Contribute To Students' View Of What Is Or Is Not A Drug Neighborhood, Jeremy Thompson Jan 2012

Student Perceptions Of Drug Neighborhoods: An Analysis Of Visual Cues That Contribute To Students' View Of What Is Or Is Not A Drug Neighborhood, Jeremy Thompson

Criminology & Criminal Justice Theses - Archive

Perceptions of crime has been an emerging criminological area of study for the past twenty years. Prior research has shown that visual cues of social disorganization are indicators of both general crime and narcotics crime. This research explores perceptions of narcotics crimes through the utilization of a cross-sectional quantitative research method. Data collected through this study was analyzed by a series of tests which confirm prior findings regarding the connection between visual cues of social disorganization and the perception of crime. This study further suggests that visual indicators of crime have the greatest impact on women, Asian or Pacific Islanders, …


Aerospace And Defense Industries, Mark J. Nackman, Kimberly A. Strosnider, W. Hartmann Young, Hollie Kapos, Meredith A. Rathbone, Timothy Bunting, Dustin Monokian, Priti Suri, Ashutosh Chandola, Thomas Jones, Dominique Babin, Carmen Francis, Evelyn R. Nackman, T. Markus Funk, William M. Pannier Jan 2012

Aerospace And Defense Industries, Mark J. Nackman, Kimberly A. Strosnider, W. Hartmann Young, Hollie Kapos, Meredith A. Rathbone, Timothy Bunting, Dustin Monokian, Priti Suri, Ashutosh Chandola, Thomas Jones, Dominique Babin, Carmen Francis, Evelyn R. Nackman, T. Markus Funk, William M. Pannier

The International Lawyer

No abstract provided.


Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly Jan 2012

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2012, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Trafficking Of Human Beings., Colorado General Assembly Jan 2012

Concerning The Trafficking Of Human Beings., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Protecting Tax Payers And Crime Victims: The Case For Restricting Utah's Preliminary Hearings To Felony Offenses, Paul G. Cassell, Thomas E. Goodwin Jan 2012

Protecting Tax Payers And Crime Victims: The Case For Restricting Utah's Preliminary Hearings To Felony Offenses, Paul G. Cassell, Thomas E. Goodwin

Utah OnLaw: The Utah Law Review Online Supplement

Requiring preliminary hearings for Class A misdemeanors is undesirable for two simple reasons. First, the court’s decision will result in hundreds of additional preliminary hearings a year, thus imposing substantial costs on taxpayers and burdens on an already overwhelmed criminal justice system. Second, the decision will create substantial hardships for crime victims, who will now be twice subjected to cross-examination by defense attorneys—once at the preliminary hearing and again later at trial. And these costs will generate no significant benefit in return.


A Study Of Comparative Practice Of The International Tribunals: How Do Other International Tribunals Deal With Witnesses Who Have Provided A Written Statement At The Pre-Trial Stage Of The Proceedings But Are Unavailable To Testify At Trial?, Christopher L. Cassaniti Jan 2012

A Study Of Comparative Practice Of The International Tribunals: How Do Other International Tribunals Deal With Witnesses Who Have Provided A Written Statement At The Pre-Trial Stage Of The Proceedings But Are Unavailable To Testify At Trial?, Christopher L. Cassaniti

War Crimes Memoranda

No abstract provided.


The Speedy Trial Rights Of Suspected Pirate Detainees, Aleksandar Sava Rakic Jan 2012

The Speedy Trial Rights Of Suspected Pirate Detainees, Aleksandar Sava Rakic

War Crimes Memoranda

No abstract provided.


A Study Of Comparative Practice Of The International Tribunals. Under Which Conditions May Subpoenas Be Issued Against Witnesses And Potential Witnesses Who Refuse To Cooperate... Subpoena Has Been Issued., Anna Toniolo Jan 2012

A Study Of Comparative Practice Of The International Tribunals. Under Which Conditions May Subpoenas Be Issued Against Witnesses And Potential Witnesses Who Refuse To Cooperate... Subpoena Has Been Issued., Anna Toniolo

War Crimes Memoranda

No abstract provided.


The Applicability Of National Anti-Terrorism Laws To Piracy: A Comparative Analysis Of Japan, The Philippines, And Singapore, Nina Tantraphol, Frederick Michael Lorenz Jan 2012

The Applicability Of National Anti-Terrorism Laws To Piracy: A Comparative Analysis Of Japan, The Philippines, And Singapore, Nina Tantraphol, Frederick Michael Lorenz

War Crimes Memoranda

No abstract provided.


Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, Pilpg Jan 2012

Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, Pilpg

War Crimes Memoranda

No abstract provided.


Ability Of Trial Chamber And Pre-Trial Chamber To Use Different Legal Characterizations, Ugochi Madubata Jan 2012

Ability Of Trial Chamber And Pre-Trial Chamber To Use Different Legal Characterizations, Ugochi Madubata

War Crimes Memoranda

No abstract provided.


The Failures And Possibilities Of A Human Rights Approach To Secure Native American Women’S Reproductive Justice, Barbara Gurr Jan 2012

The Failures And Possibilities Of A Human Rights Approach To Secure Native American Women’S Reproductive Justice, Barbara Gurr

Societies Without Borders

This article has three purposes: the first is to bring to light current violations of Native American women’s basic right to health as these violations are produced by the federal government and imposed through the Indian Health Service. The second is to articulate the challenges of current human rights discourse in articulating and providing for Native Americans’ human rights within the United States. Third, this article offers a potential strategy for understanding and redressing the violation of Native women’s right to health through the rubric of reproductive justice. Drawing from over ten years of participant observation as well as semi-structured …


Challenges In Localizing Global Human Rights, Ranita Ray, Badana Purkayastha Jan 2012

Challenges In Localizing Global Human Rights, Ranita Ray, Badana Purkayastha

Societies Without Borders

Drawing from ethnographic and historical data combined with document analysis, this article addresses two issues related to the mechanisms involved in localizing global human rights ideas: 1) the disharmony that may results when global ideas are concretized in the form of domestic laws and come in conflict with the ever shifting local rights consciousness and 2) the role of habitus in determining how human rights advocates respond to changing local rights consciousness. By examining the ways in which violence against women is addressed by a human rights commission in an Indian state, the disjuncture between local appropriations of global human …


‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula Jan 2012

‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula

Societies Without Borders

This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework …


“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews Jan 2012

“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews

Societies Without Borders

Official US discourse claims US leadership and benevolence in promoting human rights worldwide. But US action on human rights is more complicated and paradoxical. My aim is to problematize “human rights” in particular discursive contexts in order to discover what is encompassed by this set of concepts and how the discourse about human rights exposes the relations of ruling (Smith 1990). I examine the discourse of the powerful, i.e., the US State Department in its Annual Country Reports on Human Rights. The repetition of facts, assertions, and ideas by a hegemonic institution constructs a reality that is difficult to counter. …