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Articles 1 - 4 of 4
Full-Text Articles in Law
Without Narrative: Child Sexual Abuse, Lynne Henderson
Without Narrative: Child Sexual Abuse, Lynne Henderson
Scholarly Works
No abstract provided.
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Scholarly Works
This article addresses whether the Constitution protects a sitting President from indictment. The text of the Constitution is not clear on this question as it might be, but it is clear enough. No court has ever addressed the question of the President’s amenability to criminal charges, although the courts have considered the related question of whether federal judges can be subjected to criminal charges. Those courts have answered that judges and other officials are subject to criminal prosecution while in office. Congress has implicitly approved this conclusion in its passage of the Ethics in Government Act with its provision for …
Representing Black Male Innocence, Joan W. Howarth
Representing Black Male Innocence, Joan W. Howarth
Scholarly Works
This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.
The second part uses the case to investigate …
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …