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Full-Text Articles in Law
Out Of Step And Out Of Touch: Queensland's 2014 Youth Justice Amendments, Jodie O'Leary
Out Of Step And Out Of Touch: Queensland's 2014 Youth Justice Amendments, Jodie O'Leary
Jodie O'Leary
Early in 2014, Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendments included removing the principle that detention should be a last resort, providing for the automatic transfer of 17-year-olds in detention to adult correctional facilities and a mandatory boot camp order for recidivist motor vehicle offenders in Townsville. This article demonstrates that these amendments are out of step with other Australian jurisdictions, conflict with international obligations and are out of touch with the evidence as to best practice in youth justice.
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Nancy Dowd
In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Mark A. Drumbl
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …
Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma
Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma
Dr. Saumya Uma
Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace
Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace
Jane Johnston
The widespread and pervasive use of social media in Australian society is increasing pressure on courts and tribunals to develop social media policies.
A Circle Takes No Sides (Dissertation), Sarah Nilsson
A Circle Takes No Sides (Dissertation), Sarah Nilsson
Sarah Nilsson
Implementing Religious Law In Modern Nation-States: Reflections From The Catholic Tradition, Patrick Brennan
Implementing Religious Law In Modern Nation-States: Reflections From The Catholic Tradition, Patrick Brennan
Patrick McKinley Brennan
This paper originated as an invited contribution to a symposium on "Implementing Religious Law in Contemporary Nation-States: Definitions and Challenges," sponsored by the Robbins Collection, Berkeley Hall, Boalt Hall, U.C. Berkeley, February 2014. The symposium by design brought papers speaking variously from Christian, Jewish, and Muslim perspectives into conversation. My paper proposes that the Catholic tradition of reflection on human lawmaking, even in modern nation-states, must take as its starting point the God who rules His rational creatures through higher or eternal law, where the rational creature’s participation in that higher law is what is known as the natural law. …
The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian Dervan
The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian Dervan
Lucian E Dervan
In this symposium article, Professor Dervan examines the issue of finality and sentencing. In considering this issue, he argues that prosecutors, defendants, and society as a whole are drawn to the concept of finality in various ways during criminal adjudications. Further, far from an aspirational summit, he argues that some outgrowths of this quest for finality could be destructive and, in fact, obstructive to some of the larger goals of our criminal justice system, including the pursuit of truth and the protection of the innocent.
Given the potential abstraction of these issues, Professor Dervan decided to discuss the possible consequences …
A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho
A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho
Jeremiah A. Ho
Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.
Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan
Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan
Dr. Saumya Uma