Law Commons^™

Between Charity, Welfare, And Warfare: A Disability Legal Studies Analysis Of Privilege And Neglect In Israeli Disability Policy, Sagit Mor

Sagit Mor

This article introduces a critical perspective, which I term Disability Legal Studies, a field of critical legal theory that employs disability critique, as developed by Disability Studies. I argue that contemporary writing on disability and the law tends to utilize disability critique in a mere instrumental fashion, mainly to support doctrinal analysis or reform proposals. What is needed, I suggest, is substantial research regarding the constitutive role of law in the production of disability. The article investigates the construction of disability in the field of social welfare, claiming that although welfare has indeed provided some relief to people with disabilities, …

Partial Ban On Plea Bargains, Oren Gazal

Oren Gazal-Ayal

The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …

Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell

Liz Campbell

This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB’s ability to pursue …

The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell

Liz Campbell

The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated …

Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell

Liz Campbell

Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …

La Democracia Deliberativa En Las Sociedades Semiperiféricas. Una Apología, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.

Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh

Yofi Tirosh

The politics of body size has been the topic of intriguing feminist work. Although in my view this issue is still undertheorized, I have long sought for a way to bring what does exist in the literature into my academic activities. The opportunity arose when, as a graduate student at the University of Michigan in 2001, I taught an undergraduate mini-course in the women's studies program, which I named Weight as a Cultural Question.

This essay discusses two pedagogical challenges I faced while teaching a class. Both questions deal with the extent to which it is productive to talk about …

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms

Fiona David

ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.

Asean Responses To Trafficking In Persons, Fiona M. David Ms

Fiona David

This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.

Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal

Jenneke Christiaens

No abstract provided.

Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas

Jenneke Christiaens

No abstract provided.

A Case Of Health Disparity, Donna Zucker

Donna M. Zucker

Although the incidence of hepatitis C virus (HCV) in women is only slightly less than in men, women are poorly represented in research trials. As a result, not much is known about them as a subgroup. The specific aims of this article were to report on the problem, study methods, and findings focusing on HCV-positive women's health beliefs, how they identify and understand their health and illness states, and their explanatory models of illness behavior. A pilot study using three focus groups was conducted with women in the community, in recovery, and incarcerated. Two groups emerged: those with and those …

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

The Blogosphere And The New Pamphleteers, Donald J. Kochan

Donald J. Kochan

The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …