Law Commons^™

Out Of Step And Out Of Touch: Queensland's 2014 Youth Justice Amendments, Jodie O'Leary

Jodie O'Leary

Early in 2014, Queensland significantly transformed its Youth Justice Act 1992 (Qld). The amendments included removing the principle that detention should be a last resort, providing for the automatic transfer of 17-year-olds in detention to adult correctional facilities and a mandatory boot camp order for recidivist motor vehicle offenders in Townsville. This article demonstrates that these amendments are out of step with other Australian jurisdictions, conflict with international obligations and are out of touch with the evidence as to best practice in youth justice.

Juvenile Death Sentence Lives On... Even After Roper V. Simmons, Akin Adepoju

University of Massachusetts Law Review

This article begins with a discussion of the Supreme Court’s decision to abolish the death penalty as applied to individuals convicted of crimes they committed before they turned 18 and proceeds with a detailed exposition of worldwide standards of juvenile sentencing. Part I of this note briefly discusses the history and purposes of the juvenile justice system in the United States. Further, there is a general discussion on the constitutionality of life without parole sentences, which provides an overview of the inconsistencies between Federal and State Courts’ approaches when sentencing juveniles to life without parole. Part II analyzes the international …

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

Nancy Dowd

In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.

A Different Kind Of Justice: A Critical Reflection, Cassandra Sharp Dr

RadioDoc Review

Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind of …

Blackwater Guilty Verdict Long Overdue, Lauren Carasik

Media Presence

No abstract provided.

Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh

Marquette Law Review

The Justices of the United States Supreme Court seek advice, by way of cert pool memos, when making their consequential agenda-setting decisions. There is some debate over the extent to which these law clerks actually influence the Justices. Focusing on the certiorari stage and on the information and advice provided to the Court via the cert pool memos, we ascertain the extent to which the contents of the memos drive the decision making of the Court. We find that information about conflict, amici, and the position of the United States does indeed influence the Court’s votes, but also that the …

Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Ryan C. Black, Christina L. Boyd, Amanda C. Bryan

Marquette Law Review

Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …

Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen

Marquette Law Review

Former U.S. Supreme Court clerks are heavily recruited by select law firms, and many eventually find their way to policy “elite” positions in the government or in the legal academy. A number of former clerks have returned to the Court as litigators, and a subset has returned to the Court as Justices. We are interested in clerk selection for two reasons. First, clerks influence key aspects of the judicial process while serving in their clerkship capacity, and second, many seem to be in a good position to influence legal policy well after their clerkships have ended. With this in mind, …

Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds

Pepperdine Dispute Resolution Law Journal

Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent …

She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl

Mark A. Drumbl

In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …

Patent, But Where Is Home And Global Justice? A Rawlsian And Senian Inquiry, Deming Liu

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma

Dr. Saumya Uma

Criminal Justice As Ministry, Donald Roth

Faculty Work Comprehensive List

"While the Lord stores up final judgment, He also appoints ministers in this world charged with upholding the good and vindicating the victimized."

Posting about the purpose of the U. S. Criminal Justice System from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/criminal-justice-as-ministry/

An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.

Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace

Jane Johnston

The widespread and pervasive use of social media in Australian society is increasing pressure on courts and tribunals to develop social media policies.

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

University of Massachusetts Law Review

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers. The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on testing …

The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland

Catholic University Law Review

No abstract provided.

A Circle Takes No Sides (Dissertation), Sarah Nilsson

Sarah Nilsson

Watching The Watchers: The Growing Privatization Of Criminal Law Enforcement And The Need For Limits On Neighborhood Watch Associations, Sharon Finegan

University of Massachusetts Law Review

On the night of February 26, 2012, George Zimmerman, a member of a neighborhood watch program, was patrolling his community in Sanford, Florida, when he spotted Trayvon Martin, a seventeen-year-old Africa-American high school student, walking through the neighborhood. Zimmerman dialed 911 and indicated that he was following "a real suspicious guy". The police dispatcher requested that Zimmerman discontinue following Martin, but he ignored the request and approached the teenager. In the resulting confrontation, Zimmerman used his legally owned semi-automatic handgun to shoot and kill Trayvon Martin. Martin, who was unarmed, had been returning from a local convenience store. George Zimmerman …

View Of Justice In Shakespeare's The Merchant Of Venice And Measure For Measure, Michael Jay Willson

Notre Dame Law Review

No abstract provided.

Toward Equal Access To Justice: Rethinking The Role Of Law Schools, Douglas A. Blaze

Tennessee Journal of Law and Policy

If the goal is equal access to justice, as it must be, the pro bono efforts of lawyers are relatively insignificant. Despite years of exhortation by an impressive assortment of judges and bar leaders and the addition of increasingly strong aspirational language in professional rules,' an abysmally small percentage of lawyers engage in pro bono representation. According to the best national estimate, lawyers provide on average less than a half-an-hour per week of assistance to the poor. Staff attorneys from federally-funded legal aid programs provide most of the civil legal services available to low-income clients. The pro bono efforts of …

'Gardens Of Justice': Australian Feminist Law Journal, 2013, Volume 39, Matilda Arvidsson, Leila Brännström, Merima Bruncevic, Leif Dahlberg

Matilda Arvidsson

FOREWARD: GARDENS OF JUSTICE

Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom, Leif Dahlberg

Our Gardens of Justice special themed issue of the Australian Feminist Law Journal grew out of the 2012 Critical Legal Conference in Stockholm and its theme of Gardens of Justice, a conference organised by Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom and Leif Dahlberg. We issued a Call for Papers early in 2013 in which several conference theme questions were repeated. We called for papers devoted to thinking about law and justice as a physical as well as a social environment. The theme suggested a plurality of justice gardens …

Implementing Religious Law In Modern Nation-States: Reflections From The Catholic Tradition, Patrick Brennan

Patrick McKinley Brennan

This paper originated as an invited contribution to a symposium on "Implementing Religious Law in Contemporary Nation-States: Definitions and Challenges," sponsored by the Robbins Collection, Berkeley Hall, Boalt Hall, U.C. Berkeley, February 2014. The symposium by design brought papers speaking variously from Christian, Jewish, and Muslim perspectives into conversation. My paper proposes that the Catholic tradition of reflection on human lawmaking, even in modern nation-states, must take as its starting point the God who rules His rational creatures through higher or eternal law, where the rational creature’s participation in that higher law is what is known as the natural law. …

Gideon V. Wainwright A Half Century Later, Yale Kamisar

Reviews

When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.

The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian E. Dervan

Law Faculty Scholarship

In this symposium article, Professor Dervan examines the issue of finality and sentencing. In considering this issue, he argues that prosecutors, defendants, and society as a whole are drawn to the concept of finality in various ways during criminal adjudications. Further, far from an aspirational summit, he argues that some outgrowths of this quest for finality could be destructive and, in fact, obstructive to some of the larger goals of our criminal justice system, including the pursuit of truth and the protection of the innocent. Given the potential abstraction of these issues, Professor Dervan decided to discuss the possible consequences …

Justice With A Vengeance: Retributive Desire In Popular Imagination, Cassandra Sharp

Faculty of Law, Humanities and the Arts - Papers (Archive)

The punishment of criminal behaviour has always been a hot topic in popular culture. Whether in fictional crime dramas or in mainstream news coverage, issues of law, justice, and punishment are constantly being refracted and reframed in a myriad of ways. We seem to like watching criminals not only being caught but also receiving the punishment they deserve. We love it when Sherlock Holmes or Patrick Jayne solves the crime on fictional television, and too often we hear stories in the media of a victim’s family that is indignant and angry that the perpetrator is seemingly “getting away” with a …

The Dynamics Of Transitional Justice: International Models And Local Realities In East Timor, Charles Hawksley

Faculty of Law, Humanities and the Arts - Papers (Archive)

[extract] As Ruti Teitel has outlined, transitional justice can be seen as evolving in three phases. The first involved criminal trials, such as Nuremberg and Tokyo, which sought to hold individuals accountable for abuses of human rights during World War II, and this was buttressed by the development of various international legal instruments to protect rights which today constitute a central aspect of approaches to transitional justice. In the 1980s and 1990s a second phase of transitional justice occurred with post-dictatorship tribunals and bodies such as truth commissions, both of which 'thickened' transitional justice by introducing a restorative element. The …

A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English

The Scholar: St. Mary's Law Review on Race and Social Justice

This Comment addresses the legal structures which need to be supported in order to ensure substantial gender equality after allied forces withdraw from Afghanistan. After 2013, justice for abused women in Afghanistan stalled. Research suggests women’s rights and peace in Afghanistan are directly related. The presence of the Taliban and their restrictive rules has many Afghan women fearing for their lives and for the loss of decades of progress in the women’s rights movement. Leaders in Afghanistan must acquire a more liberal interpretation of Sharia law, while staying within the boundaries of the religious and ethnic traditions of the culture. …