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Articles 2911 - 2940 of 3997
Full-Text Articles in Entire DC Network
Three Theories Of “Principles Of Fundamental Justice”, Nader R. Hasan
Three Theories Of “Principles Of Fundamental Justice”, Nader R. Hasan
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Nearly three decades after the Supreme Court of Canada’s B.C. Motor Vehicle Reference (“MVR”), we still do not have a satisfactory the ory to explain the “principles of fundamental justice” protected under section 7 of the Canadian Charter of Rights and Freedoms. The purpose of this paper is to identify three possible the ories, which emerge implicitly from Supreme Court of Canada case law. The first the ory is historical: A principle of fundamental justice is a legal principle that was historically protected or is deeply rooted in our legal system’s history and traditions. The second the ory is derivative: …
The Trials And Tribulations Of Counting "Trials", Herbert M. Kritzer
The Trials And Tribulations Of Counting "Trials", Herbert M. Kritzer
Articles
This paper was prepared for the 2012 Clifford Symposium honoring Marc Galanter which was held at DePaul Law School. One aspect of Galanter’s recent work is on the phenomenon he labeled the “vanishing trial.” In this paper I examine the problems that arise when one seeks to count the number of trials. I show that the definition of a trial, other than a jury trial, is highly ambiguous. There are many trial-like events taking place in venues we do not label “courts.” Even in the court setting, and even for jury trials, there are vast differences in when a trial …
What's My Age Again? The Immigrant Age Problem In The Criminal Justice System, Ross Pearson
What's My Age Again? The Immigrant Age Problem In The Criminal Justice System, Ross Pearson
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi
Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi
Articles
Juries are a fundamental element of the criminal justice system. In this article, we model jury decision making as a function of two institutional variables: jury size and voting requirement. We expose the critical interdependence of these two elements in minimizing the probabilities of wrongful convictions, of wrongful acquittals, and of hung juries. We find that the use of either large nonunanimous juries or small unanimous juries offers alternative ways to maximize the accuracy of verdicts while preserving the functionality of juries. Our framework, which lends support to the elimination of the unanimity requirement in the presence of large juries, …
Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Nií AolaíIn
Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Nií AolaíIn
Constitutional Commentary, Vols 1–36 (1984–2022)
Book Review of Transitional justice: NOMOS LI. Edited by Melissa S. Williams, Rosemary Nagy and John Elster. New York, New York University Press. 2011. Pp. xiv + 367. Reviewed by Fionnuala NÌ_ AolÌÁin.
Race Matters, Larry Alexander, Maimon Schwarzschild
Race Matters, Larry Alexander, Maimon Schwarzschild
Constitutional Commentary, Vols 1–36 (1984–2022)
Book Review of Should race matter?: Unusual answers to the usual questions. By David Boonin. Cambridge, Cambridge University Press. 2011. Pp. vii + 441. Reviewed by Larry Alexander and Maimon Schwarzschild.
Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen
Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen
Articles
This contribution to a symposium marking the seventy-fifth anniversary of Erie Railroad Company v. Tompkins is part of a larger project in which I seek to demystify a decision that has enchanted, entangled, and enervated commentators for decades. In prior work I contended that the “Erie doctrine” is a misleading label encompassing four distinct inquiries that address the creation, interpretation, and prioritization of federal law and the adoption of state law when federal law is inapplicable. This article builds from that premise to argue that courts pursuing Erie’s four inquiries would benefit from default rules that establish initial assumptions and …
The Prosecutor's Role In Helping Domestic Violence Victims, Latasha Jackson-Mcdougle
The Prosecutor's Role In Helping Domestic Violence Victims, Latasha Jackson-Mcdougle
Criminology & Criminal Justice Theses - Archive
This study examines the Prosecutors role when handling Domestic Violence cases and how they can better help serve battered women and their children without re-victimizing them through the Criminal Justice Juridical system by reviewing secondary survey data. Two statistical analyses were performed to determine if the current way Prosecutors are handling domestic violence cases are in favor to help the battered woman and their children or is it re-victimizing them and not helping them be safe. The hypothesis predicts there is a positive relationship between battered women and their children being re-victimized by the legal system and process.
Attitudes And Beliefs Regarding Sexual Assaults, Amber Mosier
Attitudes And Beliefs Regarding Sexual Assaults, Amber Mosier
Criminology & Criminal Justice Theses - Archive
Perceptions of sexual assaults were compared among college students in this thesis. The findings indicate that men and women have significantly different perceptions of sexual assault and the fairness of the criminal justice system. The findings also showed that those who are criminal justice majors as opposed to those who are not do not generally have significantly different perceptions of sexual assault. The one exception to this was that CRCJ majors are more likely to believe a victim has given a false report of sexual assault victimization to law enforcement. Self-reported likelihood of reporting sexual assault victimization to law enforcement …
The Mass Incarceration Of Minorities And Women, Tanisha Ann Bowens
The Mass Incarceration Of Minorities And Women, Tanisha Ann Bowens
Criminology & Criminal Justice Theses - Archive
The purpose of this study is to examine the knowledge and perceptions of graduate and undergraduate students attending the University of Texas of Arlington Spring 2013. The data for this study was obtained from a sample students primarily majoring in criminology and criminal justice, social work, and business enrolled at the University of Texas at Arlington. Students appeared to appeared to be more knowledgeable about the mass incarceration of minorities, however there was little no significant difference in knowledge and perception among criminology and justice and other departments.
Media Attention Towards Serial Killers And Mass Murderers And Its Impact Towards Attitudes On Capital Punishment, Febee M. Qubtan
Media Attention Towards Serial Killers And Mass Murderers And Its Impact Towards Attitudes On Capital Punishment, Febee M. Qubtan
Criminology & Criminal Justice Theses - Archive
Attitudes towards the criminal justice system and capital punishment were researched among 164 undergraduate students at the University of Texas at Arlington. The findings revealed that participants who watched crime related media, or that involving murderers and/or criminal activity, on a regular basis were less punitive in nature. Participants who do not regularly engage in watching crime related media were more supportive of capital punishment.
Big Ideas: Annual Report 2012, Population Council
Big Ideas: Annual Report 2012, Population Council
Annual Reports
No abstract provided.
Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge
Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge
Canada-United States Law Journal
No abstract provided.
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Psychology Faculty Scholarship
Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …
Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg
Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg
War Crimes Memoranda
No abstract provided.
Adverse Inference From Silence Of Accused, Jiefei Yang
Adverse Inference From Silence Of Accused, Jiefei Yang
War Crimes Memoranda
No abstract provided.
A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee
A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee
War Crimes Memoranda
No abstract provided.
Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski
Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski
War Crimes Memoranda
No abstract provided.
Negotiating Uncertainty In The Right To Asylee Status, Erin Rider
Negotiating Uncertainty In The Right To Asylee Status, Erin Rider
Societies Without Borders
The asylum system regards asylum seekers as actors with privilege and resources, and expects them to present sound cases documenting their rights to asylee status. However, the asylum system fails to consider the lack of autonomy of asylum seekers, as they must manage trauma, lack of resources, new host societies, and the asylum process. Based on interviews (n=14) with asylum seekers, general findings reveal that inherent barriers within the asylum system position asylum seekers into a context of insecurity that undermines their agency and ability to achieve asylee status. The examination of asylum seekers interacting with the United States asylum …
Mexicans In New York City, Luis F. Nuno
Mexicans In New York City, Luis F. Nuno
Societies Without Borders
New York City witnessed a substantial growth of Mexican immigration in the postCold War Era. This paper reviews the research literature on these changes across the urban landscape in light of the sociology of human rights in the contemporary era criminalizing migration. The number of births to Mexican mothers in New York City’s hospitals between 1985-2006 documents a near ten times growth in the number of Mexican American babies born in New York City for the twenty-year period between 1985-2005. Additionally, ethnographic data examine the lived experiences of Mexican immigrants in New York City during this era. The research offers …
Grappling With Structure, Social Construction, And Morality: Towards A Human Rights Approach To Social Problems Instruction, Eric Bonds
Societies Without Borders
This essay proposes a human rights approach to social problems instruction, whereby social problems are defined as conditions in which a group’s human rights are violated due to their position in a social structure. The approach advocated here draws upon the strengths of the values-structure and social constructionist heritages in the teaching of social problems, while also correcting for some of their individual weaknesses and limitations. The essay closes by outlining what such a class might look like and includes a list of possible teaching resources and a sample class syllabus.
Civil Rights And The 1960s: A Decade Of Unparalleled Progress, Leland Ware
Civil Rights And The 1960s: A Decade Of Unparalleled Progress, Leland Ware
Maryland Law Review
No abstract provided.
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann
Maryland Law Review
No abstract provided.
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Maryland Law Review
No abstract provided.
Implications Of The President’S Appointment Power, Peter E. Quint
Implications Of The President’S Appointment Power, Peter E. Quint
Maryland Law Review
No abstract provided.
Passive-Aggressive Executive Power, Corinna Barrett Lain
Passive-Aggressive Executive Power, Corinna Barrett Lain
Maryland Law Review
No abstract provided.
Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling
Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling
Maryland Law Review
No abstract provided.
Winter Commencement, December 21, 2013, Eastern Michigan University
Winter Commencement, December 21, 2013, Eastern Michigan University
Commencement Programs and Materials
No abstract provided.
Board Of Regents Meeting Materials, December 10, 2013, Eastern Michigan University
Board Of Regents Meeting Materials, December 10, 2013, Eastern Michigan University
Board of Regents Meeting Materials
No abstract provided.