Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Get Busy Living Or Get Busy Dying: Waiting For The Death Penalty, A Comparison Of The Appeals Process In The United States And The People’S Republic Of China, Derrick Yan Kit Wong
Get Busy Living Or Get Busy Dying: Waiting For The Death Penalty, A Comparison Of The Appeals Process In The United States And The People’S Republic Of China, Derrick Yan Kit Wong
Derrick Wong
This paper looks at the death penalty in the United States and China with a comparison of the judicial system in each country. The paper examines the speed at which China processes their death penalty cases and the delay in the US system. The purpose of the paper is to show that because of the delays in the US system, the financial burden to the taxpayer is increased and is not viewed as deterrence. If the US were to adopt a portion of the Chinese judicial system efficiency without sacrificing due process, then the death penalty can be a deterrent …
A Comparative Study On Human Embryonic Stem Cell's Patent-Eligibility In The United States, The European Patent Organization And China, Huan Zhu
Huan Zhu
Since human embryonic stem cells (hESCs) have entered the public’s view, a large number of ethical debates and moral concerns have been generated. However, these concerns have not stifled advances in biotechnology regarding hESCs. Thanks to its scientific potential and therapeutic values, scientists from all over the world contribute both funding and time to investigate hESCs and additionally seek protection for their research inventions and methods. The patent system is a known mechanism to provide this protection and promote science by granting the patentee exclusive rights to the inventions while requiring public disclosure. However, due to the intrinsic relation of …
Equality Qua Equality: A Comparative Critique Of The Tiers Of U.S. Equal Protection Doctrine, Lorenzo Di Silvio
Equality Qua Equality: A Comparative Critique Of The Tiers Of U.S. Equal Protection Doctrine, Lorenzo Di Silvio
Lorenzo Di Silvio
On February 23, 2011, the Obama Administration announced that it would no longer defend the constitutionality of the Defense of Marriage Act. Of great significance in this announcement was the Administration’s position that classifications on the basis of sexual orientation warrant heightened judicial scrutiny. Notwithstanding this announcement, the level of review applied to sexual-orientation classifications—and the manner in which a court determines whether a particular type of classification deserves more searching review—is an open question, the answer to which typically dictates the outcome of challenges to government classifications. Apart from this outcome determinativeness, affording heightened scrutiny to some classifications but …
Power, Pragmatism And Prisoner Abuse: Amnesty And Accountability In The United States, Louise Mallinder
Power, Pragmatism And Prisoner Abuse: Amnesty And Accountability In The United States, Louise Mallinder
Louise Mallinder
America’s commitment to human rights and the rule of law has long been an integral part of the nation’s self-image as an idealistic and inspirational society. It has been substantiated in the United States’ promotion of the rule of law around the world. However, as has been extensively scrutinized in recent years, the lackluster pursuit of accountability for the widespread abuses committed by American personnel during the so-called “War on Terror” illustrates a disjuncture within domestic and international discourse between the dual perceptions of the United States as a law-abiding nation, and America as a law-breaking state. This article seeks …