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Articles 1 - 13 of 13
Full-Text Articles in Law
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these “bogeymen” may be doing more harm than good. Advocates of “Free-Range” parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the State, usually acting through Child Protective Services (CPS), is likely to second-guess parents’ judgments …
Legal Education As A Rule Of Law Strategy: Problems And Opportunities With U.S.-Based Programs, David Pimentel
Legal Education As A Rule Of Law Strategy: Problems And Opportunities With U.S.-Based Programs, David Pimentel
David Pimentel
Education can be powerful force in building the rule of law in developing countries and transitional states—especially in light of its power to influence culture and its ability to sustain meaningful change. Building a more effective system of legal education is a long term project, however, and a difficult sell given the way rule of law reform gets funded. Shorter term impacts are possible, however, through U.S.-based educational opportunities, which therefore present a compelling opportunity for rule of law promotion. Addressing short-term legal education deficiencies with U.S.-based education can contribute to a vision for the future of legal education in …
The Widening Maturity Gap: Trying Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
The Widening Maturity Gap: Trying Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel
David Pimentel
Cultural shifts and evolving parenting norms have dramatically changed society’s perception and expectations of adolescence and young adulthood. Intensive, highly-protective parenting is now the norm, with parents playing a larger role in late-teens’ and young adults’ lives than ever before. Even the young adults do not perceive themselves to be fully grown-up yet, and do not expect to be fully responsible for themselves, until well into their mid-twenties. Consistent with this, neuroscientists are finding that the relevant brain development is not complete before the age of twenty-five, so it may be unreasonable to expect a late teen to behave like …
Judicial Independence In Post-Conflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel, Brian Anderson
Judicial Independence In Post-Conflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel, Brian Anderson
David Pimentel
Contemporary Iraq is facing the full range of challenges that come with post-conflict transitional justice, including “paving the road toward peace and reconciliation” and establishing a functional state, characterized by the Rule of Law. Prospects for the establishment of an independent judiciary in Iraq are obstructed by a number of factors, including (1) how to apply the explicit recognition of the law of Islam in the Iraqi Constitution, (2) the inability to pass legislation on the Federal Courts of Iraq, leaving several provisions of the Iraqi Constitution unimplemented, and other critical elements of judicial independence unaddressed, including provisions for tenure, …
Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel
Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel
David Pimentel
Constitution-making in developing and post-conflict countries is a growth industry throughout the world. A country needing a new constitution will necessarily feel pressure to adopt, to "import," constitutional texts and principles from other, perhaps more developed nations, knowing that (1) such concepts have been tried and proven in other successful nations, and (2) they meet internationally-recognized minimum standards. A constitution, however, is, and must be, both a product of and a reaction to the society’s culture, and that includes its legal tradition, its history, and its ideology. Unless constitutions are drafted in cultural context, the best intentions are likely to …
Criminal Child Neglect And The "Free Range Kid": Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Criminal Child Neglect And The "Free Range Kid": Is Overprotective Parenting The New Standard Of Care?, David Pimentel
David Pimentel
In the last generation, American parenting norms have shifted strongly in favor of Intensive Parenting, placing particular emphasis on protecting children from risks of harm. Recently, a backlash to this trend has emerged. “Free Range” parenting is based on the concern that coddling children through overprotection inhibits the development of their independence and responsibility. Indeed, a growing body of literature suggests that parental overreaction to remote and even illusory risks of physical harm is exposing children to far more serious risks to their well-being and development. But the powerful influence of media has sensationalized the risks to children, skewing popular …
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
David Pimentel
Dramatically expanded use of federal forfeitures since the 1980s has raised persistent concerns about government overreaching in the seizure of private property. The Supreme Court failed to address the problem in Bennis v. Michigan (1996), upholding the forfeiture of property of an entirely innocent owner, relying on the ancient and unconvincing principle that the property itself is guilty. Congress stepped in to curb law enforcement’s worst abuses of this lucrative practice in 2000, but the Civil Asset Forfeiture Reform Act was a patchwork effort that tweaked the rules without revisiting the unsatisfying policies behind them. Thus a comprehensive, policy-based re-examination …
Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel
Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel
David Pimentel
Legal pluralism is a contemporary reality and a challenge in most post-colonial African states, as they grapple with how to preserve the cultural heritage reflected in their customary law and institutions, while attempting to function as modern constitutional regimes. Few of them have found structural solutions for linkages between and mutual co-existence of multiple legal regimes within the same state. The policy that will drive the establishment of proper linkages must be approached with an eye to what the purpose of preserving a legally pluralistic regime, distinguishing the motivations of many—colonists in the past, and political opportunists today—who have exploited …
Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel
Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel
David Pimentel
Nepal is struggling to produce a new constitution, the blueprint for a new post-monarchic state, and major conflicts over the structure of the new judiciary have arisen. The rhetoric of the debate is deceiving, however. All sides argue for the same things, including judicial independence and accountability, but profound ideological differences vest those words with very different meanings for each party. Resolving these issues will require a mutual appreciation of the ideological differences and of the historical roots of the judiciary’s problems. The path forward begins with recognition that the answer does not necessarily lie in “international best practices” or …
Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel
Rule Of Law Reform Without Cultural Imperialism: Reinforcing Customary Justice Through Collateral Review In Southern Sudan, David Pimentel
David Pimentel
Rule of Law reform efforts in developing areas face daunting challenges: (1) the stigma of imperialism when Western-style institutions are imposed, (2) the unwillingness of local communities to embrace the reforms, and (3) a severe shortage of resources—human, physical, and financial. At the same time, some of these developing and post-conflict societies have highly functional customary law institutions (in Africa, e.g., a tribal chief applying a customary law handed down by oral tradition). These systems enjoy public confidence and function on very limited budgets—often providing prompt and accessible dispute resolution in the community. Unfortunately these indigenous systems do not always …
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
David Pimentel
A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, they have promised a new Constitution. Although they are operating under an Interim Constitution at the moment, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council, but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of …
Legal Pluralism And The Rule Of Law: Can Indigenous Justice Survive?, David Pimentel
Legal Pluralism And The Rule Of Law: Can Indigenous Justice Survive?, David Pimentel
David Pimentel
The clash between modern statutory justice systems and the traditional systems of indigenous communities is not on a level playing field. Even where legal pluralism is formally recognized, the conflict threatens the continued relevance of customary law. If these non-Western legal systems are to maintain their relevance and vitality, if they are even to have a place in the new global community, those agencies and individuals engaged in promoting the rule of law, economic development, or respect for human rights must resist the impulse to simply impose the Western laws and legal institutions. Instead, reform-minded agencies and individuals should seek …
The Reluctant Tattle-Tale: Closing The Gap In Federal Judicial Discipline, David Pimentel
The Reluctant Tattle-Tale: Closing The Gap In Federal Judicial Discipline, David Pimentel
David Pimentel
A 2006 report on the implementation of the federal judicial discipline system, issued by a special judiciary committee chaired by Justice Stephen Breyer, concluded that overall the system works quite well. We should not, however, take too much comfort in these conclusions, as serious problems persist beyond the Breyer Committee’s focus, in the judicial misconduct that attorneys are unwilling to report. Indeed, when federal judges go bad, attorneys are usually the first to know, but the last to register a formal complaint. There is, in fact, little incentive for attorneys to complain, and ample reason for them to keep quiet; …