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Articles 1 - 14 of 14
Full-Text Articles in Law
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Dr. David Milward
The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …
18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon
18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr
Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr
Julia Simon-Kerr
The American rules for impeaching witnesses developed against a cultural background that equated a woman's "honor," and thus her credibility, with her sexual virtue. The idea that a woman's chastity informs her credibility did not originate in rape trials and the confusing interplay between questions of consent and sexual history. Rather, gendered notions of honor so permeated American legal culture that attorneys routinely attempted to impeach female witnesses by invoking their sexual histories in cases involving such diverse claims as title to land, assault, arson, and wrongful death. But while many courts initially accepted the notion that an unchaste woman …
The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus
The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus
Mary Sue Backus
No abstract provided.
17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon
17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon
Thomas D. Lyon
Recent Developments In Evidence Law, Liesa Richter
Recent Developments In Evidence Law, Liesa Richter
Liesa L. Richter
No abstract provided.
16. Coaching, Truth Induction, And Young Maltreated Children’S False Allegations And False Denials., Thomas D. Lyon, Lindsay C. Malloy, Jodi A. Quas, Victoria A. Talwar
16. Coaching, Truth Induction, And Young Maltreated Children’S False Allegations And False Denials., Thomas D. Lyon, Lindsay C. Malloy, Jodi A. Quas, Victoria A. Talwar
Thomas D. Lyon
Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
Christopher J. Buccafusco
This paper examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on a previously overlooked aspect of the civil litigation process: the probability of pre-trial settlement. The glacial pace of civil litigation is commonly thought of as a regrettable source of costs to the relevant parties. Even relatively straightforward personal injury lawsuits can last for as long as two years, delaying the arrival of necessary redress to the tort victim and forcing the litigants to expend ever greater …
Evidence Codification And Transubstantive And Bifurcated Evidence Codes, John Capowski
Evidence Codification And Transubstantive And Bifurcated Evidence Codes, John Capowski
John J. Capowski
No abstract provided.
Protecting Whistleblowers By Contract, Richard E. Moberly
Protecting Whistleblowers By Contract, Richard E. Moberly
Richard E. Moberly
Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower’s claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …
From A Plane Crash To The Conviction Of An Innocent Person: A Call On Lawmakers To Establish That Forensic Evidence Is Inadmissible Unless Forensic Equipment Is Developed As A Safety-Critical System, Dr. Boaz Sangero, Dr. Mordechai Halpert
From A Plane Crash To The Conviction Of An Innocent Person: A Call On Lawmakers To Establish That Forensic Evidence Is Inadmissible Unless Forensic Equipment Is Developed As A Safety-Critical System, Dr. Boaz Sangero, Dr. Mordechai Halpert
Prof. Boaz Sangero
According to existing law, a criminal conviction may be based on a single piece of scientific (forensic) evidence. Thus, for example, a DNA match could, on its own, lead to a conviction and a prolonged term of imprisonment, or even a death sentence. A testing error might result in the conviction of an innocent person. Therefore, the state has a duty to ensure that such evidence is as reliable as possible. This article protests an inconceivable situation: that the development of forensic equipment, which is designed to produce evidence that can be relied on in a criminal trial, is not …
Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski
Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski
John J. Capowski
8. The Supreme Court, Hearsay, And Crawford: Implications For Child Interviewers., Thomas D. Lyon
8. The Supreme Court, Hearsay, And Crawford: Implications For Child Interviewers., Thomas D. Lyon
Thomas D. Lyon
15. Truth Induction In Young Maltreated Children: The Effects Of Oath-Taking And Reassurance On True And False Disclosures., Thomas D. Lyon, Joyce R. Dorado
15. Truth Induction In Young Maltreated Children: The Effects Of Oath-Taking And Reassurance On True And False Disclosures., Thomas D. Lyon, Joyce R. Dorado
Thomas D. Lyon