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Full-Text Articles in Law
Robin Hood Or Villain: The Social Constructions Of Pablo Escobar, Jenna Bowley
Robin Hood Or Villain: The Social Constructions Of Pablo Escobar, Jenna Bowley
Honors College
Pablo Escobar was a Colombian drug lord and leader of the Medellin Cartel which at one point controlled as much as 80% of the international cocaine trade. He is famous for waging war against the Colombian government in his campaign to outlaw extradition of criminals to the United State and ordering the assassination of countless individuals, including police officers, journalists, and high ranking officials and politicians. He is also well known for investing large sums of his fortune in charitable public works, including the construction of schools, sports fields and housing developments for the urban poor. While U.S. and Colombian …
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Law Faculty Scholarly Articles
Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article offers the first critique of this restitution revolution. Traditional restitution is grounded in notions of unjust enrichment and seeks to restore the economic status quo between parties by requiring disgorgement of ill-gotten gains. The restitution being ordered in increasing numbers of child pornography cases does not serve this purpose. Instead, child pornography victims are receiving restitution simply for having their images viewed. This royalty-type approach …
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Faculty Publications
In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …
'Section 32: A Report On The Human Service And Criminal Pathways Of People Diagnosed With Mental Health Disorder And Cognitive Disability In The Criminal Justice System Who Have Received Orders Under The Mental Health (Forensic Provisions) Act 1990 (Nsw)', Linda Roslyn Steele, Leanne Dowse, Julian Trofimovs
'Section 32: A Report On The Human Service And Criminal Pathways Of People Diagnosed With Mental Health Disorder And Cognitive Disability In The Criminal Justice System Who Have Received Orders Under The Mental Health (Forensic Provisions) Act 1990 (Nsw)', Linda Roslyn Steele, Leanne Dowse, Julian Trofimovs
Faculty of Law, Humanities and the Arts - Papers (Archive)
A brief discussion of the MHDCD Project is appropriate in order to contextualise the Section 32 MHDCD Project. The MHDCD Project concerns a cohort of 2,731 men and women, both Indigenous and non-Indigenous, who have been in prison in New South Wales and whose mental health disorder and cognitive disability diagnoses are known (the 'MHDCD cohort'). The cohort was drawn from the 2001 NSW Inmate Health Survey (IHS) and from the NSW Department of Corrective Services State-wide Disability Service Database (SDD). Ethics approval was obtained from all of the relevant ethics bodies, including from the University of New South Wales …
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Journal Articles
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
The Mugshot Industry: Freedom Of Speech, Rights Of Publicity, And The Controversy Sparked By An Unusual New Type Of Business, Allen K. Rostron
The Mugshot Industry: Freedom Of Speech, Rights Of Publicity, And The Controversy Sparked By An Unusual New Type Of Business, Allen K. Rostron
Faculty Works
Many companies profit from the dissemination of mugshot photos, whether online or in print. This new type of business arouses strong feelings , with critics charging that it amounts to a form of blackmail, while the mugshot companies contend that they provide a beneficial public service protected by freedom of speech. In this article, I begin the process of exploring the difficult legal questions surrounding mugshot businesses. In my view, people targeted by businesses like BlabberMouth have a viable theory under which to seek legal relief, but a line must be carefully drawn between businesses that merely profit by reproducing …