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Articles 1 - 7 of 7

Full-Text Articles in Law

Book Review, David S. Tanenhaus Jan 2001

Book Review, David S. Tanenhaus

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This ambitious book impressively chronicles forms of imprisonment in American history from Columbus’s crossing in 1492, with at least four convicts among his crew, to the rise of five hundred years later of a “prison-industrial complex,” which employs over half a million people and incarcerates more than one million others. According to Christianson, a former investigative reporter and gubernatorial aide who is now contributing editor of The Criminal Law Bulletin, director of the New York Death Penalty Documentation Project, and chairman of the Board of the Safer Society Foundation, With Liberty for Some “is a history of how we …


Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine Jan 2001

Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine

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This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …


The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser Jan 2001

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

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This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.


The Prudent Prosecutor, Leslie C. Griffin Jan 2001

The Prudent Prosecutor, Leslie C. Griffin

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No abstract provided.


Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson Jan 2001

Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson

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No abstract provided.


Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus Jan 2001

Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus

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Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …


Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann Jan 2001

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

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In a unique proposal to the United Nations Security Council, U.N. Secretary-General Kofi Annan recommended that a Juvenile Chamber of the Special Court have authority to try defendants as young as fifteen. The plan sparked immediate controversy. Sierra Leoneans wanted the worst perpetrators punished regardless of age, while human rights organizations argued that juvenile prosecutions would weaken rehabilitative efforts. The Security Council subsequently diluted the proposal; nevertheless, it merits examination, given the increasing use, in Africa and around the world, of children in combat.