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Full-Text Articles in Law

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher Jan 2004

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard Jan 2004

Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard

Articles & Chapters

With this Article, I hope to motivate state legislators to enact responsible, practical compensation statutes and encourage courts to entertain state law and civil rights claims brought by those who have been unjustly convicted and later exonerated. I begin by looking at the reasons for enacting compensation statutes: uniformity, practicality, popular support, and fairness. Next, I dissect the arguments raised by opponents. Finally, I turn to recent judicial decisions hinting that courts may be stepping in where legislatures fear to tread.