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Articles 511 - 540 of 40037
Full-Text Articles in Law
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Paul Marcus
At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Linda A. Malone
No abstract provided.
Women And War, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
Linda A. Malone
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Linda A. Malone
Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …
Trying To Try Sharon, Linda A. Malone
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
Linda A. Malone
No abstract provided.
The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone
The Renewed Concern Over Soil Erosion: The Current Federal Programs And Proposals, Linda A. Malone
Linda A. Malone
Because soil erosion affects the quantity and quality of farmland, it is a matter of great concern for both the government and the farm industry. Whereas in the past concern was over the potential damage to productivity, concern is now being voiced over off-site damage and water pollution. There are numerous federal programs set up to fight soil erosion, but they are all voluntary, thereby making it difficult for the government to target funds. The author reviews the seriousness of the problem, looks at the numerous government programs, and then analyzes the Food Security Act of 1985—the first act to …
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Linda A. Malone
No abstract provided.
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
Linda A. Malone
No abstract provided.
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
Linda A. Malone
No abstract provided.
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone
Linda A. Malone
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
The Kahan Report: Justice Denied, Linda A. Malone
The Kahan Report: Justice Denied, Linda A. Malone
Linda A. Malone
No abstract provided.
The Conservation Provisions Of The 1990 Farm Bill, Linda A. Malone
The Conservation Provisions Of The 1990 Farm Bill, Linda A. Malone
Linda A. Malone
No abstract provided.
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
Linda A. Malone
In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back …
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Linda A. Malone
No abstract provided.
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
Linda A. Malone
The Supreme Court’s jurisprudence regarding the death penalty, whether or not cruel, has most certainly been unusual in the annals of criminal punishment. In the short span of four years, the Court foreclosed and then reopened this form of punishment in Furman v. Georgia and Gregg v. Georgia. One year later the Court would categorically exclude the punishment for the rape of an adult. Five years later the Court would again preclude the punishment, for any defendant convicted of felony-murder who did not participate or share in the homicidal act or intent. In 1986 the Court would struggle with …
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Linda A. Malone
No abstract provided.
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
Linda A. Malone
No abstract provided.
The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone
The Coastal Zone Management Act And The Takings Clause In The 1990'S: Making The Case For Federal Land Use To Preserve Coastal Areas, Linda A. Malone
Linda A. Malone
No abstract provided.
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone
Linda A. Malone
No abstract provided.
Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone
Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone
Linda A. Malone
No abstract provided.
Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone
Swampbuster, Sodbuster, And Conservation Compliance Programs, Linda A. Malone
Linda A. Malone
No abstract provided.
The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone
The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone
Linda A. Malone
No abstract provided.
Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone
Linda A. Malone
No abstract provided.
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Linda A. Malone
No abstract provided.
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Linda A. Malone
No abstract provided.
Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone
Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone
Linda A. Malone
No abstract provided.
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Linda A. Malone
No abstract provided.
Responsibility To Protect, Libya To Japan, Linda A. Malone
Responsibility To Protect, Libya To Japan, Linda A. Malone
Linda A. Malone
No abstract provided.