Digital Commons Network^™

Social Media Platforms In International Criminal Investigations, Rebecca J. Hamilton

Case Western Reserve Journal of International Law

"YouTube’s tagline is “Broadcast Yourself.”64 People around the world have taken up the invitation, including people whose lives are being lived out in conflict zones. Proponents of international criminal justice have seized upon the resulting material for its evidentiary value, and we are seeing the field of international criminal investigations in the midst of a major transformation as a consequence. There has been plenty of commentary about this transformation in terms of the challenges and opportunities that the evidence itself brings. But less attention has been given to what these technology-driven developments have done to expand the range of actors …

The Third Wave -- Accountability For International Crimes In An Age Of Extremes, David M. Crane

Case Western Reserve Journal of International Law

"We have come too far and have accomplished too much together to step away from accountability. The rule of law in a robust human rights paradigm keeps the world stable. In some ways, the great gyroscope balances a world in an age of extremes. We must never take our eyes off the horizon of hope, peace, and the law. We should support and encourage the efforts by many in this Third Wave of accountability." (first of three concluding thoughts)

Too Few Trials, Too Many Tribulations: The Icc's Terrible Year And Where To Go From Here, Elizabeth Evenson

Case Western Reserve Journal of International Law

"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic.1 This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.

An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

Documentation For Accountability, Jessica C. Levy, Paul R. Williams

Case Western Reserve Journal of International Law

" In armed conflicts across the globe, it is imperative that war crimes, crimes against humanity, genocide, and other violations of international humanitarian law are effectively documented. Providing such documentation to judicial mechanisms can be critical for efforts to hold those who commit atrocities accountable. 72 Given the delays that routinely plague efforts to secure justice, it is important that the crimes are documented and that the evidence is ready for use in prosecutions when they emerge. Fortunately, the number of civil society actors engaged in documentation projects is growing rapidly, and technological innovations are beginning to emerge to assist …

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Case Western Reserve Journal of International Law

"The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC’s future may be bright if the court makes significant changes in the present." (Conclusion, p. 478)

A Program For The Next Icc Prosecutor, Alex Whiting

Case Western Reserve Journal of International Law

"As the International Criminal Court (ICC) begins the process of selecting the next Prosecutor, it finds itself at a critical moment. Few people believe that the institution has lived up to expectations. The court has brought relatively few cases, and many have not succeeded.2 While convictions were achieved in the Lubanga, Ntaganda, Katanga, and Al Mahdi cases, as well as in the obstruction of justice cases arising out of the Bemba prosecution, many other cases failed at the confirmation stage, during or after trial, or on appeal.3 he future looks grim. Presently, there is just one case at trial (Ongwen) …

Talking Foreign Policy: October 1, 2019 Broadcast: "The Rohingya Genocide", Tfp Panel

Case Western Reserve Journal of International Law

"According to a recent UN report, Facebook bears responsibility for the worst humanitarian disaster on the planet – the mass attacks against the Rohingya people of Burma. Welcome to “Talking Foreign Policy.” I’m your host, Michael Scharf, [co-]Dean of Case Western Reserve University School of Law. In this broadcast, our expert panelists will help us understand the Rohingya crisis, the role of Facebook, and the prospects for achieving accountability for the international crimes that have been committed against the Rohingya people in Burma."

Modelling Interactions Among Offenders: A Latent Space Approach For Interdependent Ego-Networks, Isabella Gollini, Alberto Caimo, Paolo Campana

Articles

Illegal markets are notoriously difficult to study. Police data offer an increasingly exploited source of evidence. However, their secondary nature poses challenges for researchers. A key issue is that researchers often have to deal with two sets of actors: targeted and non-targeted. This work develops a latent space model for interdependent ego-networks purposely created to deal with the targeted nature of police evidence. By treating targeted offenders as egos and their contacts as alters, the model (a) leverages on the full information available and (b) mirrors the specificity of the data collection strategy. The paper then applies this approach to …

Academic And Practitioner Perspectives On The Ilc Draft Articles On Prevention And Punishment Of Crimes Against Humanity As Adopted On Second Reading, Charles C. Jalloh, Leila N. Sadat

Articles

No abstract provided.

The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

Articles & Book Chapters

In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …

Benevolent Feminism And The Gendering Of Criminality: Historical And Ideological Constructions Of Us Women's Prisons, Emma Stammen

Scripps Senior Theses

This thesis aims to connect and analyze primary sources that contain untold histories and experiences of people incarcerated in women’s prisons in the US and Britain, from the Victorian period to the modern era. By exploring, compiling and sharing various secondary and primary texts as evidence, I hope to contribute to a better understanding of the historical and ideological constructions of the American women’s prison as we know it today. In this thesis, I argue that analyzing and understanding the historical and ideological constructions of the modern women’s prison are critical practices for theoretical and activist frameworks that seek prison …

The Historical Justification For Prohibiting Dangerous Persons From Possessing Arms, Joseph G.S. Greenlee

Wyoming Law Review

No abstract provided.

$11 Billion For What?! Incarcerated Organizers With No New Jails Nyc Explain How To Shut Down Rikers Without Building New Jails, Osha Oneeka Daya Brown, Lee Doane, Sterling Fleming, Hakim Trent, Jeremy Valerio, Outside Organizers With No New Jails Nyc

City University of New York Law Review

No abstract provided.

Traumatized To Death: The Cumulative Effects Of Serial Parole Denials, Richard Rivera

City University of New York Law Review

Content warning: discussion of suicide. If you are thinking about suicide, please call the National Suicide Prevention Lifeline at 800-273-TALK (8255).

The Impact Of The #Metoo Movement On Defamation Claims Against Survivors, Shaina Weisbrot

City University of New York Law Review

The #MeToo movement encouraged a collective public sharing of abuse and harassment, with some survivors identifying the individuals that caused them harm. Where accusations increased, defamation lawsuits quickly followed, raising questions about how survivors can share their stories and remain protected legally from the person or institution that harmed them. In anticipation of these claims, this article offers a roadmap for survivors and their advocates to consider when assessing the risk of a lawsuit or in preparation of their defense. It examines past and present defamation claims against gender-based violence survivors to assess the viability of their legal strategies for …

Data Battles, Platform Shutdowns, And Digital Rights In Surveillance: Labor Politics In The Online Sex Industry, Winifred R. Poster

Saint Louis University Law Journal

Sex workers are often portrayed as groups with little authority over their jobs. But lately they are making much use of online spaces, both large scale public-facing platforms and their own smaller websites. Taking a deeper ethnographic look into their online activities, I recount a story of highly adept, technologically proficient, and expert digital navigation by sex workers online.

The analysis follows the trajectory of platforms in the online sex industry over the last two decades. First it charts the rise of platforms for matching, reviewing, and identity verification, many of which developed roughly around the 2000s, and their impact …

The Pursuit Of Procedural Justice And Police Legitimacy: A Case Study Of Community Police Officers’ Perceptions Of The Perceived Benefits Of Higher Education, Tara M. Kane

Master's Theses and Doctoral Dissertations

This is a case study of suburban community police officers and their perception of benefits of higher education as it relates to outcomes of procedural justice and legitimacy. Acknowledging controversial, high-profile incidents which have caused the police profession to be generalized in a negative manner, this study sought to examine community-policing initiatives as an effective strategy for promoting positive community-police relationships. Community police officers were queried about academic and professional preparation they perceived as necessary for the demands of the 21st century community police officer.

Previous literature on community policing and procedurally just policing has primarily focused on the perceptions …

2019 Foreign And International Legislative Review, Daryane Couto

Animal Law Review

This Review offers a review of foreign and international animal protection legislation enacted or proposed in the year 2019. Included are propositions by categorically international actors, such as CITES and the UN, for regulating international wildlife trade and drafting a high-seas conservation treaty. Additionally, this Review reports how some countries, such as Slovakia, Colombia, and the United Kingdom, are finally putting an end to cruel, archaic animal practices. Finally, the recognition of animal sentience in the Australian Capital Territory, and legislation that closes the gap in Canada’s Criminal Code, are addressed. Together, these changes in foreign and international animal law …

2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger

Animal Law Review

This Review examines the significant changes and additions to different states’ laws throughout 2019. Among those significantly affected by these changes are farm animals, wildlife, and companion animals. ‘Ag-Gag’ and ‘Right to Farm’ bills began to flourish, but opponents have seen success in challenging their constitutionality. Wild animals found protection in fur and trapping bans, in addition to bans on killing contests. Companion animals continue to gain legal and physical protection through strengthened cruelty laws. These are a few of the many bills, regulations, and laws that impacted animals in 2019. Although some protections and regulations have seen cuts and …

Strengthening American War Crimes Accountability, Geoffrey S. Corn, Rachel E. Vanlandingham

American University Law Review

The United States needs to improve accountability for its service members’ war crimes. President Donald J. Trump dangerously intensified a growing national misunderstanding regarding the critical nexus between compliance with the laws of war and the health and efficacy of the U.S. military. This Article pushes back against such confusion by demonstrating why compliance with the laws of war, and accountability for violations of these laws, together constitute vital duties owed to our women and men in uniform.

This Article reveals that part of the fog of war surrounding criminal accountability for American war crimes is due to structural defects …

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.

Transformation As Desistance Inside: Temporality And Identity Reconstruction Among Men With Life Sentences, Richard Stover

Honors Theses

This thesis is an investigation of destistance strategies among men sentenced to life in prison in a medium security prison in Pennsylvania. Desistance here is defined as the process leading to the cessation of formally deviant behavior. Drawing from life narrative interviews conducted among 22 men, I argue that desistance is intrinsically tied to how inmates conceptualize themselves within the institutional context of the prison and can be expanded to include people who are still incarcerated. I build off of Peggy Giordano and colleagues symbolic interactionist perspective on desistance and expand it to chart how men with life sentences order …

Racial Residential Segregation And Infant Mortality In The United States, Annmarie Jones

Student Research Symposium

People of color in the United States experience poorer health and higher mortality rates than their white counterparts and these outcomes are a result of structural racism. Structural racism refers to the ways in which societies foster racial discrimination, through mutually reinforcing inequitable systems (in housing, education, employment, earnings, benefits, credit, media, health care, criminal justice, and so on) that in turn reinforce discriminatory beliefs, values, and distribution of resources. These together affect the risk of adverse health outcomes (1). Research shows that racial disparities in prenatal, infant and neonatal mortality is a serious public health problem in the United …

2020 Georgia Southern University Baseball Roster, Georgia Southern University

Men's Baseball Records

• Georgia Southern University Athletics 2020 Baseball Roster

2020 Georgia Southern University Football Roster, Georgia Southern University

Men's Football Records

• Georgia Southern University Athletics 2020 Football Roster

2019-2020 Georgia Southern University Women's Basketball Roster, Georgia Southern University

Women's Basketball Records

• 2019-20 Women's Basketball Roster

Departing From The Original Goals Of The U.S. Sentencing Guidelines: Drug Sentencing Disparities In The U.S. District Of Maryland, Jeremy Ritter-Wiseman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Trial Of Breaker Morant, Jonathan Van Patten

Faculty Publications

No abstract provided.

Examining The Differences In Narcan Prescription Across States, Julie Kramer

MUSC Theses and Dissertations

The problem that we face as a nation is the increasing cases of opiate overdoses (CDC, 2019). Regulations vary across state lines regarding patient needs and prescribing regulations. The current study addresses closing the gaps in opioid use disorder. The overarching research question for this study is—How are Narcan policies related to the drug’s utilization? Other questions in this study will be explored through analysis of national claims data. The study population consist of beneficiaries who have received a prescription for Narcan in 2016. The data includes Narcan prescriptions across state lines as well as the Narcan access law. Using …

Competency To Decide For Another, Elyn R. Saks

Health Matrix: The Journal of Law-Medicine

Our topic is competency of a Substitute Decisionmaker (SubDM) to make a decision about medical treatment for another who is incompetent himself (the “ward”). While there is Competency to Decide for Another considerable literature on competency to decide for oneself, there is very little on competency to decide for another. Some studies look at a range of things that a SubDM needs to do —for example, seek information on what the ward has said—but there is none on how well a person must understand the relevant issues to be a competent SubDM.