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Full-Text Articles in Law

Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter Jan 2017

Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter

Faculty Publications

Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of …


The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie Jan 2017

The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie

Faculty Publications

Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and their early implementation, …


Outside But Within: The Normative Dimension Of The Underworld In The Television Series “Breaking Bad” And “Better Call Saul”, Manuel A. Gomez Jan 2017

Outside But Within: The Normative Dimension Of The Underworld In The Television Series “Breaking Bad” And “Better Call Saul”, Manuel A. Gomez

Faculty Publications

No abstract provided.