Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 6 of 6
Full-Text Articles in Law
Rural Rhetoric, Lisa Pruitt
Rural Rhetoric, Lisa Pruitt
Lisa R Pruitt
This Article investigates law’s constitutive rhetoric about rural people, places, and livelihoods. Specifically, it considers five categories of judicial opinions that discuss the legal relevance of rurality: judicial self-identification as rural; definitions of rural; line-drawing between rural and urban; taking judicial notice of rural characteristics; and idealized portrayals of the rural. Viewed together, these clusters of opinions reveal a comprehensive – if not entirely coherent – judicial portrait of rurality. They also provide an overview of the many instances when a rural setting is relevant to a legal outcome. Implicated are issues of tort, property, criminal, and constitutional law, among …
Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant
Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant
Michelle Gallant
Many provinces are embracing a modern approach to crime control, an approach which uses civil proceedings, primarily a device known as forfeiture, to tackle criminal activity. The strategy targets the financial underpinnings of crime, the proceeds or the assets linked to illegal activity. It effectively gives the public actor the ability to use civil actions to recover financial resources tainted by criminality.
New to provincial law, this convergence of civil proceedings and crime, of civil forfeiture and the financial element of crime, invites obvious questions about the consistency of this approach with constitutional norms. On the jurisdictional front, there is …
Hate Crime Law And The Limits Of Inculpation, Janine Young Kim
Hate Crime Law And The Limits Of Inculpation, Janine Young Kim
Janine Kim
The Role Of Retributive Justice In The Common Law Of Torts: A Descriptive Theory, Ronen Perry
The Role Of Retributive Justice In The Common Law Of Torts: A Descriptive Theory, Ronen Perry
Ronen Perry
This article is the first academic attempt to explain in a systematic manner how the "third-form-of-justice", usually thought of as one of the theoretical foundations of criminal law, operates within the law of torts. Tort jurisprudence is definitely not the natural habitat for retributive concerns. Since retributive justice is technically inconsistent with the corrective structure of tort law its role is (and probably ought to be) very limited. The article first explains the notion of retributive justice and defends the view that it constitutes a third form of justice, distinct from the classical Aristotelian forms. It then rejects monistic retributive …
The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead
The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead
Tamar R Birckhead
At the heart of the attorney-client relationship lies the ability to communicate freely and without fear that someone is listening. Since 9/11, the government has passed regulations, such as the Special Administrative Measures ("SAMs"), that by virtue of their broad scope and lack of procedural safeguards have endangered this privilege, particularly for incarcerated criminal defendants. The recent conviction of attorney Lynne Stewart for providing material support to a foreign terrorist organization has brought this issue to the forefront, as the prosecution relied upon government-monitored conversations between Stewart and her client, convicted terrorist Sheik Abdel Rahman, to prove its case against …
Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan
Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan
Susan Raeker-Jordan
No abstract provided.