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The Sense And Nonsense Of Criminalizing Transfers Of Obscene Material: Criminalizing Privacy Violations (2008) 26 Singapore Law Review 126, Dennis J. Baker
The Sense And Nonsense Of Criminalizing Transfers Of Obscene Material: Criminalizing Privacy Violations (2008) 26 Singapore Law Review 126, Dennis J. Baker
Dr. Dennis J Baker
The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of …
Determinative Sentencing Laws: Understanding The Law And Ethical Concerns, Linsey L. Krauss
Determinative Sentencing Laws: Understanding The Law And Ethical Concerns, Linsey L. Krauss
Linsey L Krauss
No abstract provided.
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
Tamar R Birckhead
North Carolina is the only state in the United States that treats all sixteen- and seventeen-year-olds as adults when they are charged with criminal offenses and then denies them the ability to appeal for return to the juvenile system. Thirty-seven states cap juvenile court jurisdiction at age eighteen, while ten do so at seventeen. In addition, as reflected by international treaties and instruments, many nations of the world consider eighteen to be the most appropriate age for delineating between juvenile and adult court jurisdiction. Not surprisingly, the consequences of North Carolina's scheme for prosecuting minors can be particularly severe. The …
Death Is Unconstitutional: How Capital Punishment, Eric A. Engle
Death Is Unconstitutional: How Capital Punishment, Eric A. Engle
Eric A. Engle
Argues that capital punishment is unconstitutional as a violation of natural law because the punishment is disproportional, uncertain, and irrevocable.
The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead
The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead
Tamar R Birckhead
With its recent decision in Roper v. Simmons, invalidating the imposition of the death penalty on offenders who were younger than eighteen when their crimes were committed, the U.S. Supreme Court has heralded a major shift in the perspective of the legal system—and the culture at large—towards adolescents who commit crimes. Invoking social science research as well as a “common sense” understanding of the differences between teenagers and adults, the Court found that as a categorical matter, juveniles are not as culpable as adults and thus, cannot be classified among the “worst offenders,” deserving of the most severe punishment. Yet, …
Free To Leave? An Empirical Look At The Fourth Amendment’S Seizure Standard, David K. Kessler
Free To Leave? An Empirical Look At The Fourth Amendment’S Seizure Standard, David K. Kessler
David K Kessler
Whether a person has been “seized” often determines if he or she receives Fourth Amendment protection. The Supreme Court has established a standard for identifying seizures: a person is seized when a reasonable person in his situation would not have felt free to leave or otherwise terminate the encounter with law enforcement. In applying that standard, today’s courts conduct crucial seizure inquiries relying only on their own beliefs about when a reasonable person would feel free to leave. Both the Court and scholars have noted that, though empirical evidence about whether people actually feel free to leave would help guide …
Ricin And The Assassination Of Georgi Markov, Marios Papaloukas, Christos Papaloucas, Apostolos Stergioulas
Ricin And The Assassination Of Georgi Markov, Marios Papaloukas, Christos Papaloucas, Apostolos Stergioulas
Marios Papaloukas
This article by Professors Marios Papaloukas, Christos Papaloukas, Apostolos Stergioulas investigates the causes of death of Georgi Markov, Georgi Markov, a well known Bulgarian novelist and playwright, dissident of the communist regime in his country, escaped to England where he dedicated himself in broadcasting from BBC World Service, the Radio Free Europe and the German Deutsche Welle against the communist party and especially against its leader Todor Zhivkov who in a party’s meeting told that he wanted Markov silenced for ever. On the 7th September 1978 Markov was executed with the deadly poison ricin injected to his thigh by a …
Human Dignity Under The Fourth Amendment, John D. Castiglione
Human Dignity Under The Fourth Amendment, John D. Castiglione
John D. Castiglione
Fourth Amendment "reasonableness" jurisprudence as currently constituted is incapable of providing consistent decisions reflective of the underlying philosophical and moral structure of the Constitution. Increasingly, courts have allowed reasonableness analysis to devolve into little more than an awkward balancing exercise between the needs of law enforcement and the interests of "privacy." Upon initial consideration, this seems appropriate; the Fourth Amendment has been long been understood as a bulwark against unreasonable privacy invasions in the course of law enforcement. This understanding is, however, incomplete. As courts have moved towards an almost exclusive focus on privacy as the counter-balance to the government's …