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Full-Text Articles in Law
Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer
Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer
Northwestern Journal of Human Rights
No abstract provided.
Denying Genocide Or Denying Free Speech? A Case Study Of The Application Of Rwanda’S Genocide Denial Laws, Yakaré-Oulé (Nani) Jansen
Denying Genocide Or Denying Free Speech? A Case Study Of The Application Of Rwanda’S Genocide Denial Laws, Yakaré-Oulé (Nani) Jansen
Northwestern Journal of Human Rights
No abstract provided.
“Gate Of The Sun”: Applying Human Rights Law In The Occupied Palestinian Territories In Light Of Non-Violent Resistance And Normalization, Keren Greenblatt
“Gate Of The Sun”: Applying Human Rights Law In The Occupied Palestinian Territories In Light Of Non-Violent Resistance And Normalization, Keren Greenblatt
Northwestern Journal of Human Rights
No abstract provided.
Digital Forensic Evidence In The Courtroom: Understanding Content And Quality, Daniel B. Garrie, J. David Morrissy
Digital Forensic Evidence In The Courtroom: Understanding Content And Quality, Daniel B. Garrie, J. David Morrissy
Northwestern Journal of Technology and Intellectual Property
With the widespread permeation of continually advancing technologies into our daily lives, it is inevitable that the product of those technologies, i.e. digital information, makes its way into the courtroom. This has largely occurred in the form of electronic discovery, or “e-discovery,” where each party involved in an action provides the relevant information they possess electronically. However, in cases where information is hidden, erased, or otherwise altered, digital forensic analysis is necessary to draw further conclusions about the available evidence. Digital forensic analysis is analogous to more traditional forensic analysis. For example, in criminal cases where a firearm was used …
A Constitution At A Crossroads: A Conversation With The Chief Justice Of The Constitutional Court Of South Africa, Drew F. Cohen
A Constitution At A Crossroads: A Conversation With The Chief Justice Of The Constitutional Court Of South Africa, Drew F. Cohen
Northwestern Journal of Human Rights
No abstract provided.
A Call For Aggressive Media Campaign Regarding Dprk Prison Camps, Hannah Lee
A Call For Aggressive Media Campaign Regarding Dprk Prison Camps, Hannah Lee
Northwestern Journal of Human Rights
No abstract provided.
These Aren’T My Peers: Why Illinois Should Reconsider Its Age Requirement For Jury Service, Wesley Morrissette
These Aren’T My Peers: Why Illinois Should Reconsider Its Age Requirement For Jury Service, Wesley Morrissette
Northwestern Journal of Law & Social Policy
No abstract provided.
Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg
Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg
Northwestern Journal of Human Rights
No abstract provided.
Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken
Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken
Northwestern Journal of Human Rights
No abstract provided.
Statelessness And Mass Expulsion In Sudan: A Reassessment Of The International Law, Mike Sanderson
Statelessness And Mass Expulsion In Sudan: A Reassessment Of The International Law, Mike Sanderson
Northwestern Journal of Human Rights
No abstract provided.
Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye
Why So Contrived? Fourth Amendment Balancing, Per Se Rules, And Dna Databases After Maryland V. King, David H. Kaye
Journal of Criminal Law and Criminology
No abstract provided.
Facebook Phobia! The Misguided Proliferation Of Restrictive Social Networking Policies For School Employees, Janet R. Decker
Facebook Phobia! The Misguided Proliferation Of Restrictive Social Networking Policies For School Employees, Janet R. Decker
Northwestern Journal of Law & Social Policy
Employers have dismissed and disciplined teachers and other school employees for posting controversial material and engaging in inappropriate employee-student relationships over social networking. In response, schools have enacted policies that greatly restrict educators’ social networking. This Article examines whether restrictive social networking policies are necessary. After analyzing the relevant state legislation, statewide guidance, district policies, and case law, this Article argues that restrictive policies are unwarranted and misguided. School districts have prevailed in the vast majority of the cases because they already have the legal authority to discipline employees under existing law. This Article also recommends how policymakers and school …
Critical Tax Policy: A Pathway To Reform?, Nancy J. Knauer
Critical Tax Policy: A Pathway To Reform?, Nancy J. Knauer
Northwestern Journal of Law & Social Policy
No abstract provided.
You Can’T Get There From Here: Implications Of The Walmart V. Dukes Decision For Addressing Second-Generation Discrimination, Roger W. Reinsch, Sonia Goltz
You Can’T Get There From Here: Implications Of The Walmart V. Dukes Decision For Addressing Second-Generation Discrimination, Roger W. Reinsch, Sonia Goltz
Northwestern Journal of Law & Social Policy
In Wal-Mart v. Dukes, the Supreme Court determined the plaintiffs had not shown, based on the evidence, that there were questions of law or fact common to the class. The allegedly discriminatory decisions had been made by individual supervisors at different stores who had been given discretion by Wal-Mart to make pay and promotion decisions. The Court stated the problem was that there was no specific evidence that all the discretionary decisions were made in a manner that reflected gender bias. This case not only reversed decades of court acceptance of social framework evidence in employment litigation but also …
Off With His Head: The King Can Do No Wrong, Hurricane Katrina, And The Mississippi River Gulf Outlet, Christopher R. Dyess
Off With His Head: The King Can Do No Wrong, Hurricane Katrina, And The Mississippi River Gulf Outlet, Christopher R. Dyess
Northwestern Journal of Law & Social Policy
Congress passed the Federal Tort Claims Act in 1946 to provide a legal remedy to citizens for torts committed by the Federal Government. Prior to the act, United States citizens were mostly prohibited from filing suits against the government for torts committed by government employees. However, Congress when passing the act realized that some government actions are the result of considered policy judgment for what is in the best interest of the citizenry as a whole. In order to prevent the government from being sued for such actions, Congress included what is referred to as the Discretionary Function Exception. If …
The Intersection Of Dominance Feminism And Stalking Laws, Andrea Mazingo
The Intersection Of Dominance Feminism And Stalking Laws, Andrea Mazingo
Northwestern Journal of Law & Social Policy
No abstract provided.
Beary Landscaping, Inc. V. Costigan: The Case For Repealing The Illinois Prevailing Wage Act, Pat O’Meara
Beary Landscaping, Inc. V. Costigan: The Case For Repealing The Illinois Prevailing Wage Act, Pat O’Meara
Northwestern Journal of Law & Social Policy
No abstract provided.
I Got 99 Problems And They’Re All Fatca, Nirav (Jonathan) Dhanawade
I Got 99 Problems And They’Re All Fatca, Nirav (Jonathan) Dhanawade
Northwestern Journal of International Law & Business
Offshore personal income tax evasion accounts for approximately $50 billion in annual lost revenue for the United States. These large sums of money are squirrelled away in tax havens—jurisdictions, such as Aruba, the Cayman Islands, and Dubai, whose laws allow some U.S. citizens to evade paying their U.S. income taxes. Before the Foreign Account Tax Compliance Act (FATCA) was enacted, U.S. citizens could avoid taxes on passive income by not reporting this income to the Internal Revenue Service (IRS). To detect tax evasion, the IRS pursued U.S. citizens with undeclared assets in foreign banks. But the IRS’s quest was largely …
Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman
Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman
Northwestern Journal of Human Rights
No abstract provided.
Comparing American Disability Laws To The Convention On The Rights Of Persons With Disabilities With Respect To Postsecondary Education For Persons With Intellectual Disabilities, Kevin Walker
Northwestern Journal of Human Rights
No abstract provided.
Negotiating Peremptory Challenges, Caren Myers Morrison
Negotiating Peremptory Challenges, Caren Myers Morrison
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Constitutional Avoidance, William W. Berry Iii
Criminal Constitutional Avoidance, William W. Berry Iii
Journal of Criminal Law and Criminology
No abstract provided.
Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky
Imposing Indigence: Reclaiming The Qualified Right To Counsel Of Choice In Criminal Asset Forfeiture Cases, Matthew R. Lasky
Journal of Criminal Law and Criminology
No abstract provided.
Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski
Losing Our Innocence: The Illinois Successive Postconviction Actual Innocence Petition Standard After People V. Edwards, Vanessa J. Szalapski
Journal of Criminal Law and Criminology
No abstract provided.
Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney
Autocorrect? A Proposal To Encourage Voluntary Restitution Through The White-Collar Sentencing Calculus, Daniel Faichney
Journal of Criminal Law and Criminology
No abstract provided.
Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work
Creating Constitutional Procedure: Frye, Lafler, And Plea Bargaining Reform, Mike Work
Journal of Criminal Law and Criminology
No abstract provided.
Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett
Confronting Cognitive “Anchoring Effect" And “Blind Spot” Biases In Federal Sentencing: A Modest Solution For Reforming A Fundamental Flaw, Mark W. Bennett
Journal of Criminal Law and Criminology
No abstract provided.
Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath
Parental Incarceration: What We Know And Where We Need To Go, Christopher Uggen, Suzy Mcelrath
Journal of Criminal Law and Criminology
No abstract provided.
Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui
Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicago's Juvenile Justice System, Judy C. Tsui
Journal of Criminal Law and Criminology
No abstract provided.
Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel
Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel
Journal of Criminal Law and Criminology
No abstract provided.