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Law and Contemporary Problems

Justice

Articles 1 - 19 of 19

Full-Text Articles in Law

Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher Apr 2009

Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher

Law and Contemporary Problems

Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …


Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes Apr 2009

Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes

Law and Contemporary Problems

Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …


Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman Oct 2006

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.


Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak Oct 2006

Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak

Law and Contemporary Problems

Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.


Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D. Oct 2006

Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.

Law and Contemporary Problems

Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.


Measuring Distributive Injustice On A Different Scale, Tom Miller Oct 2006

Measuring Distributive Injustice On A Different Scale, Tom Miller

Law and Contemporary Problems

Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.


A Feminist Look At The Death Penalty, Amy E. Pope Jan 2002

A Feminist Look At The Death Penalty, Amy E. Pope

Law and Contemporary Problems

Pope gives an exploration of the need for a feminist perspective on capital punishment. She then begins to determine which feminist methodology is most appropriate to an analysis of the death penalty.


Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni Oct 1996

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.


Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman Oct 1996

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.


Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado Jan 1995

Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado

Law and Contemporary Problems

Prado describes the results of a comprehensive study of the federal defender program and concludes that as the federal criminal justice system evolves, the Criminal Justice Act program must adapt to ever-changing conditions.


An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr. Jan 1995

An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr.

Law and Contemporary Problems

Funding for public defender services is woefully inadequate. Ogletree offers some anecdotal advice for public defenders and those designing public defender services.


Federal Defender Services: Serving The System Or The Client, John J. Cleary Jan 1995

Federal Defender Services: Serving The System Or The Client, John J. Cleary

Law and Contemporary Problems

Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.


Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore Jul 1992

Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore

Law and Contemporary Problems

The connections between structuralist, poststructuralist and postmodern philosophers are traced. The opposition between individualists and relationists over the meaning of subjectivity is discussed.


The Judiciary: Its Organization And Status In The Parliamentary System, Percy R. Luney Jr. Jan 1990

The Judiciary: Its Organization And Status In The Parliamentary System, Percy R. Luney Jr.

Law and Contemporary Problems

No abstract provided.


The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels Oct 1989

The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels

Law and Contemporary Problems

No abstract provided.


Researching Civil Justice: Problems And Pitfalls, Deborah R. Hensler Jul 1988

Researching Civil Justice: Problems And Pitfalls, Deborah R. Hensler

Law and Contemporary Problems

No abstract provided.


The Impact Of Procedure-Impact Studies In The Administration Of Justice, Maurice Rosenberg Jul 1988

The Impact Of Procedure-Impact Studies In The Administration Of Justice, Maurice Rosenberg

Law and Contemporary Problems

No abstract provided.


Perfecting Federal Civil Rules: A Proposal For Restricted Field Experiments, Laurens Walker Jul 1988

Perfecting Federal Civil Rules: A Proposal For Restricted Field Experiments, Laurens Walker

Law and Contemporary Problems

No abstract provided.


The Burger Court: A Judicial Nonet Plays The Enigma Variations, A. E. Dick Howard Jul 1980

The Burger Court: A Judicial Nonet Plays The Enigma Variations, A. E. Dick Howard

Law and Contemporary Problems

No abstract provided.