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Full-Text Articles in Law
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Why Do We Admit Criminal Confessions Into Evidence?, David Crump
Why Do We Admit Criminal Confessions Into Evidence?, David Crump
Seattle University Law Review
There is an enormous literature about the admissibility of criminal confessions. But almost all of it deals with issues related to self-incrimination or, to a lesser extent, with hearsay or accuracy concerns. As a result, the question whether we ever admit criminal confessions into evidence has not been the subject of much analysis. This gap is odd, since confessions are implicitly disfavored by a proportion of the literature and they often collide with exclusionary doctrines. Furthermore, the self-incrimination issue sometimes is resolved by balancing, and it would help if we knew what we were balancing. Therefore, one might ask: Why …
Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran
Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran
UC Irvine Journal of International, Transnational, and Comparative Law
Not a day goes by without a sensationalist report on the travails of modern
slaves, be it the saga of Indian teenagers trafficked into sex work as depicted in the
Hollywood movie Love Sonia, or workers trafficked into the UK’s nail bar and car
wash shops, or the 2018 Global Slavery Index released by the Walk Free
Foundation founded by mining magnate Andrew Forrest which estimates that there
are 40.3 million modern slaves around the world. Anti-slavery groups remind us
that modern slavery afflicts almost everything that we consume on a day-to-day
basis. This includes basic commodities like tea, sugar, …
International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit
International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit
UC Irvine Journal of International, Transnational, and Comparative Law
Prison standards are an important element of transnational criminal
justice. This Article shows how legal standards governing prison conditions
emerged at the international and regional levels and considers how,
increasingly, they have gained legitimacy. It then describes how these
standards are applied in a way that contributes to a recognizable
transnational legal order in respect of prison conditions, which has real
impact at the national level. The Article pays close attention to the transfer
of prisoners between states, as a mechanism that operates transnationally
and, in the process, enhances the importance of international prison
standards. It concludes that the benefits …
Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory
Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory
UC Irvine Journal of International, Transnational, and Comparative Law
To date, “transnational criminal law” has been the dominant
paradigm for explaining and mapping rules on corruption in the
international legal literature. Transnational criminal law is presented as a
system of law descending from multilateral crime control treaties or a field or
order that emerges through international political processes of regime
formation. Transnational criminal lawyers identify and describe cross-border
legal rules, and seek to evaluate them against liberal norms of democratic
governance and individual civil and political human rights. This Article
details the limits of transnational criminal conceptions of “anticorruption”
through a study of proposed changes to Australian laws on …
The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley
The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley
Seattle University Law Review
Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the implementation …
Dividing Bail Reform, Shima Baughman
Dividing Bail Reform, Shima Baughman
Utah Law Faculty Scholarship
There are few issues in criminal law with greater momentum than bail reform. In the last three years, states have passed hundreds of new pretrial release laws, and there are now over 200 bills pending throughout the states. These efforts are rooted in important concerns: Bail reform lies at the heart of broader recent debates about equitable treatment in the criminal justice system. Done right, bail keeps dangerous individuals off the streets; done wrong, it keeps those with less economic means in jail longer. Some jurisdictions are eliminating money bail. Others are adopting risk assessments to determine who to release. …
Gambling Treatment Diversion Court: First In Nevada, Denise F. Quirk Ma, Carol O'Hare, Cheryl Moss Jd, Dayvid Figler Esq., Sydney Smith M.A.
Gambling Treatment Diversion Court: First In Nevada, Denise F. Quirk Ma, Carol O'Hare, Cheryl Moss Jd, Dayvid Figler Esq., Sydney Smith M.A.
International Conference on Gambling & Risk Taking
The first Gambling Treatment Diversion Court was established in Las Vegas, Nevada in fall of 2018 following more than 25 years of effort by passionately concerned non-profit Executives, therapists, lawyers and judges. This panel represents one leader from each of those areas, including Judge Cheryl Moss, the first judge to open the Gambling Treatment Diversion Court (GTDC), Dayvid Figler, the first attorney to successfully represent a gambling client and refer her to the GTDC, Carol O'Hare, Executive Director of the non-profit Nevada Council on Problem Gambler with 25+ years leadership and advocacy for problem gamblers, Sydney Smith, M.A., Clinical Director …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden
Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
All Master's Theses
Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Reviving Criminal Equity, Cortney Lollar
Reviving Criminal Equity, Cortney Lollar
Law Faculty Scholarly Articles
Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet revival is occurring in criminal jurisprudence as well. After undertaking such an investigation, this Article uncovers the remarkable discovery that equitable remedies, including injunctions and specific performance, are experiencing a resurgence in both federal and state criminal jurisprudence. Courts have granted equitable relief in a range of scenarios, providing reprieve from unconstitutional bail and probation practices and allowing for an appropriate remedy to ineffective assistance …