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Articles 1 - 30 of 36

Full-Text Articles in Law

Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer May 2014

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 Apr 2014

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 Apr 2014

“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 Apr 2014

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 Apr 2014

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 Apr 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

Negotiating Peremptory Challenges, Caren Myers Morrison

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Constitutional Avoidance, William W. Berry Iii Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

Realizing Reliability In Forensic Science From The Ground Up, Jessica D. Gabel

Journal of Criminal Law and Criminology

No abstract provided.