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Articles 1 - 30 of 35
Full-Text Articles in Law
Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder
Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Right Thing For Juveniles, Tamar R. Birckhead
The Right Thing For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.
Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder
Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder
Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder
U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Fight Fraud With Strong Internal Controls, Robert L. Kardell, L. Rand Gambrell
Fight Fraud With Strong Internal Controls, Robert L. Kardell, L. Rand Gambrell
Robert L Kardell
No abstract provided.
Divided By A Common Legal Tradition, Intisar Rabb Phd
Divided By A Common Legal Tradition, Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder
The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Murder In Decline In The 1990s: Why The U.S. And N.Y.C. Were Not That Special," Book Review Of Frank Zimring's, John Donohue
Murder In Decline In The 1990s: Why The U.S. And N.Y.C. Were Not That Special," Book Review Of Frank Zimring's, John Donohue
John Donohue
No abstract provided.
Identity Theft: How It Happens, How To Protect Yourself, Robert L. Kardell, Michelle E. Minnich
Identity Theft: How It Happens, How To Protect Yourself, Robert L. Kardell, Michelle E. Minnich
Robert L Kardell
No abstract provided.
The Torture Of Sami Al Arian, C. Peter Erlinder
The Torture Of Sami Al Arian, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Saumya Uma
This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.
Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder
Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Law And Morality, Mubashshir Sarshar
Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar
Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Capacity Of The State And Its Subordinates, Mubashshir Sarshar
Capacity Of The State And Its Subordinates, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Judicial Review, Mubashshir Sarshar
Functioning Of The Law Commission Of India, Mubashshir Sarshar
Functioning Of The Law Commission Of India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
J.S Mill On Liberty, Mubashshir Sarshar
Bar Council Of India, Mubashshir Sarshar
Designing A Litigation Hold Process, Robert L. Kardell
Designing A Litigation Hold Process, Robert L. Kardell
Robert L Kardell
No abstract provided.
Sistema Penitenciário Brasileiro: Uma Visão Crítica Acerca Da Ineficiência Do Direito Penal Brasileiro, Rafaela Loureiro Pinheiro Furlan
Sistema Penitenciário Brasileiro: Uma Visão Crítica Acerca Da Ineficiência Do Direito Penal Brasileiro, Rafaela Loureiro Pinheiro Furlan
Rafaela Loureiro Pinheiro Furlan
No abstract provided.
Commercial Fraud: Cases And Commentary, Alex Steel
Commercial Fraud: Cases And Commentary, Alex Steel
Alex Steel
This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. The law was current as of 2008.
Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker
Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …
Discretion Without Guidance, William W. Berry Iii
Discretion Without Guidance, William W. Berry Iii
William W Berry III
The exercise of the discretion accorded to a judge in determining the sentence of a convicted criminal offender bears directly on the coherence and the legitimacy of any criminal justice system. The United States federal criminal sentencing system has, at various points in time over the past century, employed schemes that have approached either the one extreme of unfettered judicial discretion or the other extreme of highly restricted judicial discretion. In January, 2005, the United States Supreme Court held in United States v. Booker that the mandatory federal sentencing guidelines, the source of the strict restriction on judicial discretion for …
American Procedural Exceptionalism, William W. Berry Iii
American Procedural Exceptionalism, William W. Berry Iii
William W Berry III
This article offers a new theory to explain the persistence of the death penalty in the United States at a time when most western nations have abolished it. Contrary to cultural explanations that have been advanced by other scholars, this piece hypothesizes that the retention is best explained by "American procedural exceptionalism," defined as the unique American belief in the efficacy and fairness of its legal process. This American exceptionalism of process validates the expression of the impulse toward retribution commonly found in western nations. In other words, the perceived fairness of the process affirms the retributive notion that the …
California Youth And Criminal Law: 2007 Juvenile Justice Reform And Gang Prevention Initiatives, Sandhya Ramadas
California Youth And Criminal Law: 2007 Juvenile Justice Reform And Gang Prevention Initiatives, Sandhya Ramadas
Sandhya Ramadas
Debate shaping criminal law and policy inevitably involves the intersection, and sometimes conflict, of “tough on crime” policies, victims’ rights, rehabilitation, incarceration, and of course, the securing of funding. Nowhere was this more apparent than in 2007 reforms surrounding the treatment of California’s youth. While legislators and policy groups pushed through Senate Bill 81 – the State Senate bill which ushered in a host of juvenile justice realignment provisions and shifted the focus of juvenile programs from the state to localities – they also provided increased funding for gang-related investigations, convictions, and for tracking programs through several bills and the …
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms
Fiona David
This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.
The Exclusionary Rule Lottery, Eugene R. Milhizer
The Exclusionary Rule Lottery, Eugene R. Milhizer
Eugene R Milhizer
Abstract This Article/Essay, The Exclusionary Rule Lottery, critiques the contemporary Fourth Amendment Exclusionary Rule using an original analogy of a lottery to lay bare its moral and prudential insufficiency. The Article begins with a brief discussion of the Rule’s historical development and changing rationale. It next describes how the Rule has evolved to express an unprincipled and narrow utilitarian calculation. It then illustrates the moral and prudential insufficiency of the contemporary approach through the lottery analogy. In particular, it criticizes the Rule’s premise, absence of empirical support, and potential for abuse. The Article concludes by calling for the adoption of …
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.