Law Commons^™

Kedudukan Pengadilan Pajak Dalam Sistem Peradilan Di Indonesia, Fitri Suciyani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The position of the Tax Court according to Law Number 14 of 2002 concerning Tax Courts is a court that exercises judicial authority. Independence of Judges in the Tax Court still uses the "dual roof system" which in various courts has adopted a "one roof system". So in this study there are two problem formulations namely: 1) What is the tax court position according to the Tax Court Law? 2) What is the independence of the judge in resolving tax disputes? The method used in this research is normative legal research using two approaches, namely the legislative approach and the …

The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan

New England Journal of Public Policy

In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

Serial, Season Three: From Feeling To Structure, Jason Loviglio

RadioDoc Review

From the start, host and reporter Sarah Koenig presents the 2018 season of Serial as a corrective to the universe-in-a-grain-of-sand approach typical of earlier seasons and much of the work of This American Life, from which Serial spun off. In a thematic departure, Koenig sets out to tell the story of structures, rather than merely structure a story. The first character is a “cluster of concrete towers” in downtown Cleveland, called the Justice Center, a name we’ll quickly come to understand as ironic, if not Orwellian. Host Sarah Koenig describes the structure as “hideous but practical”. Koenig and company …

The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith

University of Miami Race & Social Justice Law Review

No abstract provided.

Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling

St. Mary's Journal on Legal Malpractice & Ethics

While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …

The U.S. Supreme Court And The Nation’S Post-Ferguson Controversies, Christopher E. Smith

University of Miami Race & Social Justice Law Review

No abstract provided.

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Pace Law Review

This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.

Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and …

Foreword, Jeffrey D. Hoyle

Pepperdine Dispute Resolution Law Journal

The Symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law on April 15, 2010, under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR). It brought together a distinguished group of speakers and panelists to discuss dissatisfaction with the American justice system caused by increased delays, rising litigation costs, and decreased access to justice; and creative ways being used to address these concerns.

Medicine And The Law: The Challenges Of Mental Illness, Beverley Mclachlin

Dalhousie Law Journal

In this lecture, I offer some thoughts on a medical/legal issue that is old, yet perennially pertinent; that is common, yet extraordinary; that is wellknown, yet all too often swept under the carpet. I refer to the issue-or more accurately the plethora of issues-that surround mental health and the law.

Law And Mental Health: A Relationship In Crisis?, Sheila Wildeman

Dalhousie Law Journal

What is the significance of the rule of law to the area of professional knowledge and practice that is "mental health"-or to the interaction of those two aspirational, one might say euphemistically-named social systems: the mental health and justice systems? This question centres upon the rule of law-specifically, I suggest (as I relate further in closing), a thick conception of the rule of law grounded in an ideal of state-subject reciprocity-and not, or not directly, upon the individual and social good ofhealth. It is this overarching question that I wish to pursue in setting the stage for the two lectures …

Reading The Judicial Mind: Predicting The Courts' Reaction To The Use Of Neuroscientific Evidence For Lie Detection, Jennifer Chandler

Dalhousie Law Journal

How will the courts react to the emerging technology ofdetecting deception using neuroscientific methods such as neuro-imaging? The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned. The history of the judicial reaction to DNA evidence illustrates this pattern. As DNA evidence came to be seen as highlyreliable, the courts rapidly abandoned their concerns that juries would be overwhelmed by the "mystique of science" and that the justice system would be "dehumanized." The legaljustifications for rejecting polygraph evidence are explored in order …

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv

Fordham Law Review

No abstract provided.

Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson

Dalhousie Law Journal

Recent increases in law school tuition provide an occasion for criticalreflection on precisely what law students are being offered in their formal education. The aim of this article is to help catalyze discussion of what quality legal education entails. It begins by outlining the current underpinnings of Canadian legal education, especially the foundation of issue identification. Newer developments in legal education are also canvassed.A foundational critique is then applied to elucidate the main weakness of thepresent curricular structure: students are graduating with a flat understanding of the law Employing Dr Oliver Sacks's critique of medical education as a starting point, …

Uncovering The Presumption Of Factual Innocence In Canadian Law, Mark Herrema

Dalhousie Law Journal

The presumption of innocence has long been regarded as a hallmark of our justice system. Rhetoric abounds and finding a more celebrated legal doctrine is difficult. For most in the legalprofession, the presumption of innocence represents the procedural requirement that the Crown prove all elements of an offence. Yet, aside from its procedural and evidentiary protections, does the presumption of innocence offer any protection at the pre-charge phase of the criminal justice process? Specifically, for the majority of Canadians who have never been, or never will be charged with an offence, does the presumption of innocence offer any protection? Regrettably, …

Tribunals Imitating Courts - Foolish Flattery Or Sound Policy?, David Mullan

Dalhousie Law Journal

In his 2004 Horace E Read Memorial Lecture, David Mullan assesses the impact of the "due process explosion." To what extent has the evolution of Canadian law (both statutory and common) in the domain of procedural fairness been responsible for the phenomenon of excessive judicialization of the administrative process? Has the increase in the number of decision-makers subject to the obligation of procedural fairness and the growth in the parallels between tribunal and court processes affected adversely the interests of the administrative justice system and the public that it is meant to serve? The author suggests that there is a …

Medicate-To-Execute: Current Trends In Death Penalty Jurisprudence And The Perils Of Dual Loyalty, Daniel S. Shaivitz

Journal of Health Care Law and Policy

No abstract provided.

Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard

Cleveland State Law Review

The symposium presentation given by Dr. Sheppard’s son discussed the impact of the trial on his entire family, as well as the idea of a failed trial. He went through the different juries encountered by his father. He also listed his hopes for the symposium: “What would I hope to come out of a conference like this? First, selfishly, I would hope that it would help us with our new legal endeavor. Second, I hope that we can contribute to serious legal work that deals on realistic and dignified grounds on the problem, both federally and statewide, of wrongful incarceration. …

The Perils Of Courtroom Stories, Stephan Landsman

Michigan Law Review

As Janet Malcolm1 tells it, Sheila McGough was a middle-aged single woman living at home with her parents and working as an editor and administrator in the publications department of the Carnegie Institute when she decided to switch careers and go to law school. She applied and was admitted to the then recently accredited law school at George Mason University. After graduation, she began a solo practice in northern Virginia that involved a significant amount of stateappointed criminal defense work. In 1986, approximately four years after her graduation from law school, McGough received a call requesting assistance from an incarcerated …

Drug Treatment Courts: Evolution, Evaluation, And Future Directions, Gloria Danziger, Jeffrey A. Kuhn

Journal of Health Care Law and Policy

No abstract provided.

Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith

Cleveland State Law Review

The U. S. Supreme Court has engineered significant changes in habeas corpus procedures. Any change in law or public policy has consequences for the human beings whose lives come into contact with the changed law or policy. Critics have accused the Rehnquist Court of "dismantling access to federal habeas corpus review guaranteed by statute since 1867." As a result, concerns have emerged regarding the consequences for potential petitioners whose claims can no longer be reviewed by federal judges. While the fate of death row inmates is the most important consequence of habeas corpus reform, anecdotal reports on these controversial cases …