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Full-Text Articles in Law

Narrowing The Police Accountability Gap In Civil Rights Prosecutions, Daniel W. Xu Jan 2024

Narrowing The Police Accountability Gap In Civil Rights Prosecutions, Daniel W. Xu

Emory Law Journal

The absence of police accountability has never been more visible. High-profile police brutality has resulted in high-profile disappointment, where culpable officers walk away undisciplined, unprosecuted, and undeterred from committing the same atrocity again. Such impunity has exposed longstanding deficiencies within the United States’ two-tiered and multipolar system of civil rights enforcement. Chief among these failures is 18 U.S.C. § 242, an oft-overlooked statute that imposes criminal liability upon officers who “willfully” deprive others of any federal constitutional right. The statute’s threshold requirement of willful intent has confused courts and discouraged enforcement, resulting in the heavy underdeterrence of civil rights violations. …


Taiwan's Medical Injury Law In Action, Chih-Ming Liang, Robert B Leflar, Chih-Cheng Wu Jan 2024

Taiwan's Medical Injury Law In Action, Chih-Ming Liang, Robert B Leflar, Chih-Cheng Wu

Emory International Law Review

Taiwan’s healthcare system, lauded internationally for its universal insurance coverage, moderate costs, and high quality of care, has one significant group of detractors: its physicians. Overworked, squeezed financially by the nation’s global budgeting system’s annual payment restrictions, and oppressed by both criminal prosecutions and civil malpractice actions, doctors and hospitals raised criticisms that culminated in legislative reforms enacted in 2017 and 2022. Are the reforms making any difference?

This Article offers the first comprehensive examination in English of how Taiwan’s medical injury law works. The Article is based on interviews with judges, attorneys, physicians, scholars, and other citizens, literature reviews, …


Criminal Liability For Artificial Intelligence Crimes, Yahya Ibrahim Dahshan Jun 2023

Criminal Liability For Artificial Intelligence Crimes, Yahya Ibrahim Dahshan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Artificial intelligence crimes are considered near future crimes If not some of them have now begun, Technological development has helped in recent years - Which accelerated in the current period - In the emergence of many of these crimes, The advanced programming of some Artificial intelligence machines has given the ability to build self-experience, Enabling them to make individual decisions in any situations they face like human beings; So we aim from this study legalization of Artificial intelligence crimes To determine the responsible for those crimes and the penalty is imposed on it; The importance of the subject lies in …


Proceed With Caution: Criminal Responsibility For Non-Participating Actors In University Hazing Incidents, Charlie Penrod Jan 2023

Proceed With Caution: Criminal Responsibility For Non-Participating Actors In University Hazing Incidents, Charlie Penrod

Touro Law Review

Hazing in university fraternities has become an epidemic. Most hazing involves new pledges who are coerced to endure physical, emotional, or psychological harm to prove themselves worthy of admission to the group. Sadly, many students suffer severe injuries from hazing, up to and including death. Many states have passed specific laws banning hazing and expanded the universe of persons guilty of hazing to possibly include non-participants who aided the hazing. In 2020, a Florida appellate court broadened this further, potentially holding a fraternity president responsible for hazing for making the mistake of allowing liquor at an off-campus party. The fraternity …


Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell May 2022

Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell

DePaul Journal for Social Justice

No abstract provided.


Nohwere, Peter A. Alces, Robert M. Sapolsky Mar 2022

Nohwere, Peter A. Alces, Robert M. Sapolsky

William & Mary Law Review

Imagine the frustration of Samuel Butler’s protagonist, Higgs, with the strange society he encounters in Erewhon:

"Was there nothing which I could say to make them feel that the constitution of a person’s body was a thing over which he or she had had at any rate no initial control whatever, while the mind was a perfectly different thing, and capable of being created anew and directed according to the pleasure of its possessor? Could I never bring them to see that while habits of mind and character were entirely independent of initial mental force and early education, the body …


Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis Jan 2022

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review (2017-Present)

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly …


Reexamining The Vicarious Criminal Liability Of Corporations For The Willful Crimes Of Their Employees, Evan Tuttle Nov 2021

Reexamining The Vicarious Criminal Liability Of Corporations For The Willful Crimes Of Their Employees, Evan Tuttle

Cleveland State Law Review

Corporate compliance programs in the United States have evolved substantially in the past several decades, expanding exponentially in both number and scope. Yet, our legal standard of corporate criminal liability for the acts of employees has remained largely unchanged for the past fifty years. United States v. Hilton Hotels established that a corporation can be held liable for the acts of its employee, even though the employee’s conduct may be contrary to their actual instructions or contrary to the employer’s stated policies. That holding, cited with favor by the Supreme Court, was based on a deeply flawed interpretation of precedent, …


The Criminal Responsibility Of Rumors Promoters Through Social Networks “Jurisprudent A Legal Study”, سِيرين جَرادَات, مُحَمّد القضَاة Jul 2021

The Criminal Responsibility Of Rumors Promoters Through Social Networks “Jurisprudent A Legal Study”, سِيرين جَرادَات, مُحَمّد القضَاة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This study address one of the important issues recently raised "The criminal responsibility of the rumors promoters through social networks". Many people who visit social networks do not realize the negative effect of their rumors, or know the extent of criminal responsibility which may fall upon them as a result of these rumors. This issue has been addressed to know what the Islamic rules, with regards to Islamic legislations and Jordanian law.

In order to address that issue, this study includes several aspects, such as: types of rumors and the negative effects of rumors. Also it explain the position of …


Criminal Liability Of Covid-19 Carriers (Lebanon), Tarteel Turki Darwish Apr 2021

Criminal Liability Of Covid-19 Carriers (Lebanon), Tarteel Turki Darwish

BAU Journal - Health and Wellbeing

Since the spread of COVID-19, all governments tried to cape with this international pandemic which was classified by the World Health Organization (WHO) on March, 11 as a pandemic. Lebanese ministry of health, recommended in a statement issued on 21.03.2020 the date of the beginning of COVID-19 spread, that all of individuals with a confirmed or probable COVID-19 be quarantined at home and those who don’t follow the preventive precautions will be legally punished. On 04.03.2020 the Lebanese ministry of health issued an announcement no. 42 about “defining COVID-19 cases which are classified as transmitted and infectious diseases cases which …


Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun Feb 2021

Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun

UAEU Law Journal

There is no special law regulating criminal liability of doctors in Jordan, and therefore such liability is governed by the general rules as stated in the Jordanian Penal Code 1960 No 16 (JPC), which apply to all types of offenders regardless of their professions. As the nature of medical professions and practices entails the enactment of a special law setting the relevant legal rules by which doctors criminal liability should be governed, this paper seeks to provide an evaluative, critical and comparative study of the current laws of Jordan and United Arab Emirates (UAE) on this issue. Central to the …


Criminal Liability For Artificial Intelligence Crimes, Yahya Ibrahim Dahshan Jan 2021

Criminal Liability For Artificial Intelligence Crimes, Yahya Ibrahim Dahshan

UAEU Law Journal

Artificial intelligence crimes are considered near future crimes If not some of them have now begun, Technological development has helped in recent years - Which accelerated in the current period - In the emergence of many of these crimes, The advanced programming of some Artificial intelligence machines has given the ability to build self-experience, Enabling them to make individual decisions in any situations they face like human beings; So we aim from this study legalization of Artificial intelligence crimes To determine the responsible for those crimes and the penalty is imposed on it; The importance of the subject lies in …


Special Issue, December 2018 Jan 2019

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic …


Robot Criminals, Ying Hu Jan 2019

Robot Criminals, Ying Hu

University of Michigan Journal of Law Reform

When a robot harms humans, are there any grounds for holding it criminally liable for its misconduct? Yes, provided that the robot is capable of making, acting on, and communicating the reasons behind its moral decisions. If such a robot fails to observe the minimum moral standards that society requires of it, labeling it as a criminal can effectively fulfill criminal law’s function of censuring wrongful conduct and alleviating the emotional harm that may be inflicted on human victims.

Imposing criminal liability on robots does not absolve robot manufacturers, trainers, or owners of their individual criminal liability. The former is …


From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice, Daimeon Dean Shanks Jan 2019

From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice, Daimeon Dean Shanks

University of Colorado Law Review

Mass-atrocity crimes present unique accountability challenges, challenges that are often exacerbated by the social and political conditions that facilitated the commitment of the crimes in the first place. International accountability mechanisms were developed to address these obstacles by providing a means of holding individuals accountable for international crimes when their host states were incapable of doing so or unwilling to do so. The first iteration of these tribunals, the international military tribunals, gained prominence following World War II, and a second-generation of non-military international tribunals were created in response to the mass atrocities committed in the former Yugoslavia and Rwanda. …


Acknowledgments, Howard S. Carrier Apr 2018

Acknowledgments, Howard S. Carrier

International Journal on Responsibility

Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.


Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti Apr 2018

Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti

International Journal on Responsibility

Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at …


Resolving The Paradox Of Holding People Responsible, Hal Pepinsky Apr 2018

Resolving The Paradox Of Holding People Responsible, Hal Pepinsky

International Journal on Responsibility

Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one conflicts …


Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun Apr 2018

Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun

International Journal on Responsibility

No abstract provided.


What Does Responsibility Mean To Me?, Arun Gandhi Apr 2018

What Does Responsibility Mean To Me?, Arun Gandhi

International Journal on Responsibility

No abstract provided.


Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel Apr 2018

Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel

International Journal on Responsibility

No abstract provided.


Foreseeably Unclear: The Meaning Of The "Reasonably Foreseeable" Criterion For Access To Medical Assistance In Dying In Canada, Jocelyn Downie, Kate Scallion Apr 2018

Foreseeably Unclear: The Meaning Of The "Reasonably Foreseeable" Criterion For Access To Medical Assistance In Dying In Canada, Jocelyn Downie, Kate Scallion

Dalhousie Law Journal

Canada's medical assistance in dying legislation contains the eligibility criterion "naturaldeath has become reasonably foreseeable." The phrase "reasonably foreseeable" is unfamiliar and unclear. As a result of ongoing confusion about its meaning, there is reason to be concerned that under- or over-inclusive interpretations of the phrase are adversely affecting access to MAID. With critical interests at stake (eg access to MAiD and potential criminal liability), it is essential that the meaning of the phrase be clarified. Furthermore, the meaning of "reasonably foreseeable" will be at issue in the Charter challenges to the federal MAiD legislation currently before the courts in …


Volume 1, Issue 1 (2017) Inaugural Issue Aug 2017

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.


Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero Feb 2016

Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero

University of Miami Law Review

The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos. Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alternative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images …


Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey Jan 2016

Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey

Marquette Law Review

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Application Of The Federal Mail And Wire Fraud Statutes To Criminal Liability For Stock Market Insider Trading And Tipping, William K.S. Wang Oct 2015

Application Of The Federal Mail And Wire Fraud Statutes To Criminal Liability For Stock Market Insider Trading And Tipping, William K.S. Wang

University of Miami Law Review

SEC Rule 10b-5 covers a great deal of stock market insider trading and tipping, but certainly not all. For insider trading defendants, some elements of criminal liability may be different and possibly easier to satisfy under mail/wire fraud than under SEC Rule 10b-5 (e.g., materiality, and the requirements for tipper and tippee liability recently tightened for Rule 10b-5 by the Second Circuit). Generally, courts have not addressed these possible differences.

With insider trading and tipping, the victim of mail/wire fraud could be either the information-owner or the party on the other side of the transaction. The courts have not examined …


Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon Apr 2015

Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.


Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports Mar 2015

Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports

San Diego Law Review

The confluence of two widely invoked federal statutes—one governing accomplice liability, the other imposing a sentencing enhancement when firearms are involved in a violent or drug trafficking crime—reached the Supreme Court this past term in Rosemond v. United States. The Court’s analysis of the mens rea issues raised in that case starkly illustrates the confusion characterizing this area of complicity law, which has attracted surprisingly little attention from courts, legislators, or scholars. The lack of clarity is particularly acute for crimes like the weapons offense in Rosemond that can plausibly be interpreted to include a circumstance element. This Article attempts …


Complicity And Strict Liability: A Logical Inconsistency?, Michael Bohan Jan 2015

Complicity And Strict Liability: A Logical Inconsistency?, Michael Bohan

University of Colorado Law Review

"[T]o make a complete crime, cognizable by human laws, there must be both a will and an act.., an unwarrantable act without a vicious will is no crime at all. "I The term "vicious will" illustrates the relationship between blameworthiness and punishment; the foundation of all criminal law, and the justification for the doctrine of complicity liability. The Colorado Supreme Court recently granted certiorari review of People v. Childress, a case in which the Court of Appeals held that one cannot be complicit in a strict liability crime. This holding is difficult to reconcile with Colorado's application of the complicity …


A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy Apr 2014

A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy

Indiana Law Journal

A discussion of the recent case in which a pregnant Indiana woman named Bei Bei Shuai was prosecuted for fetal homicide following a failed suicide attempt and later miscarriage. The Comment uses this case as a comparison point for different cases and statutes in all fifty states and suggests possible principles for a more unified doctrine and approach.