Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Procedure (3)
- Intellectual Property Law (3)
- Criminal Law (2)
- Criminal Law and Procedure (2)
- Plea Bargaining (2)
-
- Prison (2)
- A. Publications in Periodicals (1)
- Abuse (1)
- Australia (1)
- Bennett (1)
- Booker (1)
- California (1)
- Child (1)
- Child pornography (1)
- Children (1)
- Collateral consequences (1)
- Competition Law (1)
- Competition law; trademarks (1)
- Computer Network Attack (1)
- Conflict of Law (1)
- Conviction (1)
- Corporate Crime (1)
- Corporate Criminal Liability (1)
- Counter-radicalization (1)
- Counterterrorism (1)
- Court jurisdiction (1)
- Court supervisory power (1)
- Criminal cases (1)
- Criminal conduct (1)
- Criminal offenses (1)
- Publication
- File Type
Articles 1 - 22 of 22
Full-Text Articles in Law
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Daniel Kanstroom
Recent statutory changes to the United States immigration law have resulted in a large increase in the number of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibiilty of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the …
Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom
Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom
Robert M. Bloom
A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court cases and …
An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard
An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard
Michael Pinard
This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated …
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
Blurring The Boundaries Between Immigration And Crime Control After September 11th, Teresa Miller
Blurring The Boundaries Between Immigration And Crime Control After September 11th, Teresa Miller
Teresa A. Miller
Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.
Settling Through Consent Decree In Prison Reform Litigation: Exploring The Effects Of Rufo V. Inmates Of Suffolk County Jail, Gregory C. Keating
Settling Through Consent Decree In Prison Reform Litigation: Exploring The Effects Of Rufo V. Inmates Of Suffolk County Jail, Gregory C. Keating
Gregory C. Keating
No abstract provided.
Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Pvip Transitional Peer Mentors, Douglas J. Henderson
Pvip Transitional Peer Mentors, Douglas J. Henderson
DOUGLAS J HENDERSON
Project VETS Intervention Program (PVIP) – Hamilton County, Ohio In early 2010 Hamilton County, Ohio was chosen as the pilot site for a federally funded jail diversion intervention program – the project was named Project VETS Intervention Program (PVIP). The SAMHSA National Gains Center awarded the State of Ohio grant money as part of its second round of funding, which was aimed at helping the existing and increasing veteran criminally justice involved population, and their families, with a priority given to Operation Enduring Freedom/Operation Iraqi Freedom veterans who have suffered from Post Traumatic Stress Disorder (PTSD)/Traumatic Brain Injury (TBI). The …
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
Adam Shajnfeld
Ever since the Supreme Court declared that the sentences which district courts impose on criminal defendants are to be reviewed on appeal for “unreasonableness,” the standard’s contours have remained elusive and mired in controversy, despite the Court’s repeated attempts at elucidation. In few instances is this confounding state of affairs more apparent and acute than in the Eleventh Circuit’s recent lengthy and factious en banc decision in United States v. Irey. This article explores Irey’s merits, mistakes, and lessons, trying to locate each within the broader context of the Eleventh Circuit’s sentencing jurisprudence. In doing so, the article advances three …
Reforming Adult Felony Probation To Ease Prison Overcrowding: An Overview Of California S.B. 678, Jessica K. Feinstein
Reforming Adult Felony Probation To Ease Prison Overcrowding: An Overview Of California S.B. 678, Jessica K. Feinstein
Jessica Feinstein
This article provides a holistic examination of California’s groundbreaking Community Corrections Performance Incentives Act, S.B. 678, passed in 2009 in response to California’s prison crisis. S.B. 678 seeks to create stable funding for county probation departments to implement evidence-based practices by shifting resources from the state prison budget to county probation. Probation is the most frequently imposed form of criminal sentence in California—nor is it limited to the least serious offenders. Estimates of the state’s adult probation population range from roughly 325,000 to 350,000. The article illuminates the goals and mechanisms of S.B. 678 and the challenges facing its implementation. …
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian
Basyle Tchividjian
In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Ulf Maunsbach
No abstract provided.
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Lucian E Dervan
Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
Lucian E Dervan
In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …
Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian Dervan
Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian Dervan
Lucian E Dervan
In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of …
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
Lucian E Dervan
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan
Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan
Lucian E Dervan
This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …
Radicalization Of Islamist Terrorists In The Western World, Daniel H. Heinke, Ryan Hunter
Radicalization Of Islamist Terrorists In The Western World, Daniel H. Heinke, Ryan Hunter
Dr. Daniel H. Heinke
Unified simplified model of the radicalization process of homegrown Islamist terrorists.
Moving Beyond Soering: Us Prison Conditions As A Argument Against Extradition To The United States, Jeffrey Ian Ross Ph.D.
Moving Beyond Soering: Us Prison Conditions As A Argument Against Extradition To The United States, Jeffrey Ian Ross Ph.D.
Jeffrey Ian Ross Ph.D.
No abstract provided.