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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
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
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
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
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.
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
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
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
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
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
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.
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
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
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.
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
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
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
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
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
The Burger Court: A Judicial Nonet Plays The Enigma Variations, A. E. Dick Howard
Law and Contemporary Problems
No abstract provided.