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Articles 2131 - 2160 of 13582
Full-Text Articles in Law
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe
Fordham Law Review Online
In an article published over fifteen years ago, Georgetown Law Professor Abbe Smith argued that one cannot be a good person and a good prosecutor. In other words, if you are concerned with social justice, it would be selfdefeating to work in a prosecutor’s office. With Attorney General Jeff Sessions at the helm, the federal criminal justice system has changed since Smith wrote this article, in many ways for the worse. At the same time, in response to a powerful grass roots movement, the reformist approach to criminal justice has gained some ground. In this oddly polarized context, this essay …
A Defender's Take On "Good" Prosecutors, David E. Patton
A Defender's Take On "Good" Prosecutors, David E. Patton
Fordham Law Review Online
When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall we say, naturally drawn …
Prosecutors Who Police The Police Are Good People, Vida B. Johnson
Prosecutors Who Police The Police Are Good People, Vida B. Johnson
Fordham Law Review Online
In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
Fordham Law Review Online
In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the …
Good Person, Good Prosecutor In 2018, Abbe Smith
Good Person, Good Prosecutor In 2018, Abbe Smith
Fordham Law Review Online
Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.
Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green
Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green
Fordham Law Review Online
In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter that …
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Patrick F. Fagan, William L. Saunders
Brigham Young University Journal of Public Law
No abstract provided.
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
The Intertwined Existence Of Families And Religion, Lynn D. Wardle
Brigham Young University Journal of Public Law
No abstract provided.
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Larry O. C. Chukwu
Brigham Young University Journal of Public Law
The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …
Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford
Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Catherine Mumford
Brigham Young University Journal of Public Law
No abstract provided.
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West
A Reflection On The Recent Nigerian Legislation Against Same Sex Marriage Vis-À-Vis Rising Gay Activism In The Western World, Stephen L. West
Brigham Young University Journal of Public Law
The Same Sex Marriage (Prohibition) Act recently enacted by Nigeria criminalizes marriage or civil union between persons of the same sex; solemnization of same sex marriage or civil union or witnessing, aiding or abetting the same; registration, operation, membership or support of gay clubs; pub lic show of same sex amorous relationship and related matters. Each of these offences attracts a long term of imprisonment. The Act was enacted in bold defiance of threats of economic and political sanctions by the Western powers against any developing cou ntry that enacts anti - gay legislation. This paper analyzes the Act against …
Frontmatter, Byu Journal Of Public Law
Frontmatter, Byu Journal Of Public Law
Brigham Young University Journal of Public Law
No abstract provided.
Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Don C. Fletcher
Improving Veteran Access To Critical Care: Full Practice Authority And Nurse Anesthetists, Don C. Fletcher
Brigham Young University Journal of Public Law
No abstract provided.
The Intertwined Existence Of Families And Religion, L. Steven Brooks
The Intertwined Existence Of Families And Religion, L. Steven Brooks
Brigham Young University Journal of Public Law
No abstract provided.
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson
The Universal, Inalienable Right Of The Child To The Marriage Of His Biological Parents, Neil B. Johnson
Brigham Young University Journal of Public Law
No abstract provided.
Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen
Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen
Public Land & Resources Law Review
Stemming from a property dispute between a private landowner and the Upper Skagit Indian Tribe, this action evolved into a debate concerning the scope of tribal sovereign immunity and whether Indian tribes should be bound by certain common law doctrines applicable to most other sovereigns. The Washington Supreme Court originally ruled against the Tribe, citing County of Yakima v. Confederated Tribes and Bands of Yakima Nation in holding that sovereign immunity does not apply to in rem actions. The United States Supreme Court granted certiorari to clarify that its ruling in Yakima did not support such a proposition. The case …
Ontologies And The Semantic Web For Digital Investigation Tool Selection, Hayden Wimmer, Lei Chen, Thomas Narock
Ontologies And The Semantic Web For Digital Investigation Tool Selection, Hayden Wimmer, Lei Chen, Thomas Narock
Journal of Digital Forensics, Security and Law
The nascent field of digital forensics is heavily influenced by practice. Much digital forensics research involves the use, evaluation, and categorization of the multitude of tools available to researchers and practitioners. As technology evolves at an increasingly rapid pace, the digital forensics field must constantly adapt by creating and evaluating new tools and techniques to perform forensic analysis on many disparate systems such as desktops, notebook computers, mobile devices, cloud, and personal wearable sensor devices, among many others. While researchers have attempted to use ontologies to classify the digital forensics domain on various dimensions, no ontology of digital forensic tools …
Sharia Law And Digital Forensics In Saudi Arabia, Fahad Alanazi, Andrew Jones, Catherine Menon
Sharia Law And Digital Forensics In Saudi Arabia, Fahad Alanazi, Andrew Jones, Catherine Menon
Journal of Digital Forensics, Security and Law
These days, digital crime is one of the main challenges for law enforcement and the judicial system. Many of the laws which are used to protect the users of current technologies were derived from legislation and laws that are utilized in the control of crimes that are based in the physical realm. This applies not only in Western countries, but in countries that adopt Sharia law. There is a need to establish specific legislation and accepted best practice to deal with digital crimes that is compatible with Sharia law, which affects more than one billion Muslims. This paper presents a …
Perlindungan Nasabah Terkait Praktik Pembukaan Rahasia Bank Oleh Pegawai Bank Dalam Proses Penegakan Hukum Tindak Pidana Pencucian Uang Dihubungkan Dengan Asas Kepastian Hukum, Hendrik Agus Sutiawan, Etty Mulyati, Ijud Tajudin
Perlindungan Nasabah Terkait Praktik Pembukaan Rahasia Bank Oleh Pegawai Bank Dalam Proses Penegakan Hukum Tindak Pidana Pencucian Uang Dihubungkan Dengan Asas Kepastian Hukum, Hendrik Agus Sutiawan, Etty Mulyati, Ijud Tajudin
Jurnal Hukum & Pembangunan
Bank secrets are essential elements and logical consequences of the bank's business character as a trust institution. Bank secrecy is a form of legal protection for depositors. The purpose of this study is to know how the protection of customers and how law enforcement against the opening of bank secrets by Bank Employee in the process of investigating money laundering crime connected with the principle of legal certainty. This research method using normative juridical approach method, that is an approach used to know that a law in accordance with applicable provisions. The research specification is analytical descriptive, using qualitative juridical …
Byu Law School Faculty Listing
Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner
Center-Left Politics And Corporate Governance: What Is The "Progressive" Agenda?, Christopher M. Bruner
BYU Law Review
No abstract provided.
A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan
A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan
BYU Law Review
Bankruptcy has broadly failed to deliver “fresh starts” to debtors. Too often, debtors return to states of financial distress following bankruptcy. Although bankruptcy delivers a clean slate through the discharge of debts, the efficacy of a fresh start depends on a second factor: property exemptions. While discharge frees a debtor from her existing debts, property exemptions determine what property the debtor retains upon exiting bankruptcy. For many debtors, insufficient and suboptimal property exemption laws undermine fresh starts. In fact, under current bankruptcy law, each state can reject federal bankruptcy exemptions by opting out. Bankrupt debtors in “opt-out” states are forced …
Corpus Linguistics In The Chevron Two-Step, Jacob Crump
Corpus Linguistics In The Chevron Two-Step, Jacob Crump
BYU Law Review
No abstract provided.
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction Over Traditional State Court Family Law Matters, Elizabeth Maclachlan
BYU Law Review
State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying its provisions and refusing to transfer custody and adoption cases to tribal courts. This Note analyzes the state-tribal tensions surrounding ICWA and argues that the primary reason for the lack of full state acceptance of ICWA is that, historically, states have had nearly total jurisdiction over family law …
International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana
International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana
Jurnal Hukum & Pembangunan
Wrongful removal or retention of a child outside the state of his or her habitual residence is known as international child abduction. The Hague Convention on the Civil Aspects of International Child Abduction 1980 established procedures to ensure the prompt return of the internationally abducted child to the state of his or her habitual residence. By discussing the international child abduction cases involving Indonesia, this article demonstrates the obstacles in returning those internationally abducted children. This discussion is undertaken by taking into account the difference in qualifying the concept of international child abduction in Indonesian law and the Hague Convention …