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Full-Text Articles in Law

Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger Oct 2021

Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger

Dickinson Law Review (2017-Present)

Despite decades of attempts to eradicate the industry, child sex trafficking continues to flourish. Arguably, there is debate about whether adults willingly choose sex work, yet there are no arguments supporting the notion that children make any such choice. When children are bought and sold for sexual purposes, it is child sex trafficking.

Academic legal research has focused comprehensively on the identification of child victims and the prosecution of child traffickers, yet there has not been as salient a focus on reducing the market of buyers of trafficked children. It is the reduction of demand where theories of re-norming and …


Corporal Punishment In The Public Schools: The Legal Question, William Irwin Arbuckle Iii Aug 2015

Corporal Punishment In The Public Schools: The Legal Question, William Irwin Arbuckle Iii

Akron Law Review

PUBLIC EDUCATION in the United States has come a long way since the one-room schoolhouse days. This phenomenal growth has been paced by the controversy surrounding the use of corporal punishment as a means of enforcing discipline in the schools. From the oldest reported case reaching the issue of corporal punishment' back in 1833 down to the present, the proponents of corporal punishment have had to defend their actions in the courts from a wide variety of attacks based on criminal law, tort law, state statutes, school board regulations and, most recently, constitutional guarantees. Although the attacks on corporal punishment …


The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin Dec 2014

The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin

Bryan H. Druzin

Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from public torture and corporal punishment, which occurred during the 19th century, to the availability of new techniques of social control. However, corporal and capital punishment (what we term shock punishment) persists in many penal systems to this day, suggesting that these countries have for some reason not fully undergone this penal evolution. Using the experiences of Hong Kong and Singapore as case studies, we attempt to explain why this is …


Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson Jan 2010

Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson

NYLS Law Review

No abstract provided.


Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan Jan 2003

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …


Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review Feb 1985

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman


Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp Jan 1967

Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp

Cleveland State Law Review

An offer to use force to the injury of another is an assault, and the use of that force is a battery, which usually includes an assault. An assault and battery upon the person of another may be a criminal act. Courts generally hold, however, that a parent or one in loco parentis may inflict disciplinary corporal punishment upon a child without becoming criminally liable.