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Articles 1081 - 1110 of 1376

Full-Text Articles in Comparative and Foreign Law

Restorative Justice For Multinational Corporations, Andrew B. Spalding Jan 2015

Restorative Justice For Multinational Corporations, Andrew B. Spalding

Law Faculty Publications

Deterrence theory, rooted in the methodology of law and economics, continues to dominate both the theory and practice of white-collar crime. By manipulating the disincentives of prospective wrongdoers, deterrence aims to efficiently reduce crime and maximize taxpayers’ utility. However, the rise of international commerce presents a challenge it cannot meet. Using a combination of empirical evidence and quantitative modeling, this Article shows that deterrence will tend to increase, rather than decrease, net levels of corporate crime in developing countries. The ever-increasing power of multinational corporations thus calls for a new theory of punishment, one that uses criminal enforcement to address …


Forensic Evidence And The Court Of Appeal For England And Wales, Lissa Griffin Jan 2015

Forensic Evidence And The Court Of Appeal For England And Wales, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

The Criminal Division of the Court of Appeal has extensively analyzed the role of forensic evidence. In doing so, the court has grappled with the admissibility and reliability of a broad range of forensic evidence, from DNA and computer forensics to medical and psychological proof, to more outlying subjects like facial mapping, fiber analysis, or voice identification. The court has analyzed these subjects from two perspectives: the admissibility of such evidence in the lower courts and the admissibility of such evidence as fresh evidence on appeal. In both contexts, the court has taken a practical approach to admitting forensic proof …


Repatriation Of Korean Cultural Property Looted By Japan-Can A Sincere Apology Resolve The Centuries-Old Korea/Japan Disputes?, Melissa (Youngjae) Koo Jan 2015

Repatriation Of Korean Cultural Property Looted By Japan-Can A Sincere Apology Resolve The Centuries-Old Korea/Japan Disputes?, Melissa (Youngjae) Koo

Cardozo Journal of Conflict Resolution

This Note will focus on the disputes between Korea, both North and South Korea, and Japan surrounding Korean cultural property looted by Japan and will explore concrete solutions for resolving such issues through alternative dispute resolution-more specifically, an apology. It will consider two predominant exampies of cultural property looting, which occurred during Japanese invasions of Korea-first, at the end of the sixteenth century and, the second, from 1910 to 1945. Additionally, Japan has frequently been characterized as being a "significant market" for stolen cultural property. It is reported that there are at least 34,157 objects of Korean origin in Japan, …


Why Instrumentalism Matters, Kyron J. Huigens Jan 2015

Why Instrumentalism Matters, Kyron J. Huigens

Articles

Alon Harel argues that the acts of a public official acting with "fidelity of deference," are "necessary," "non-contingent," "intrinsic," "constitutive," integrative," "expressive," or "inherent" features of legal punishment. Accordingly, he calls his argument "noninstrumental." This can be taken as an argument for logical necessity, definition, extension, or modest or immodest conceptual necessity. Only the last interpretation fits Harel's text, but such an argument fails because instrumentality is necessarily present in any event in the natural world, including punishment. Harel does not say which aspects of natural instrumentality he means to exclude from his argument, or how, or why.


Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan Nov 2014

Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan

Georgia Journal of International & Comparative Law

No abstract provided.


Confessions And The Right To Silence In Japan, Daniel H. Foote Nov 2014

Confessions And The Right To Silence In Japan, Daniel H. Foote

Georgia Journal of International & Comparative Law

No abstract provided.


The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson Oct 2014

The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner Oct 2014

The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner

Georgia Journal of International & Comparative Law

No abstract provided.


Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson Oct 2014

Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson

Georgia Journal of International & Comparative Law

No abstract provided.


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney Oct 2014

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


Comparative Analysis Of Democracy And Sentencing In The United States As A Model For Reform In Iraq, Sarah E. Kelman Oct 2014

Comparative Analysis Of Democracy And Sentencing In The United States As A Model For Reform In Iraq, Sarah E. Kelman

Georgia Journal of International & Comparative Law

No abstract provided.


Femicide In Bolivia After Law 348, Adán Martínez Oct 2014

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …


Exodus: Structuring Redemption Of Captives, Rivka Weill Oct 2014

Exodus: Structuring Redemption Of Captives, Rivka Weill

Cardozo Law Review

The question of how to react to ransom demands in kidnap situations is ancient and persistent. It was asked as far back as Biblical times, and yet modern states have still not found answers. In terrorist kidnapping scenarios, the private victims, including the families, are often used as leverage to pressure the authorities, with the anticipation that the combination of public sympathy and private lobbying will result in excessive concessions. In the kidnap game, the victim's family is a single-game player and thus operates under a completely different set of considerations than the repeat player: the state. The question is …


"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor Sep 2014

"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan Sep 2014

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn Sep 2014

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley Sep 2014

Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole Sep 2014

Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Killing A Chicken To Scare The Monkey: The Unequal Administration Of Death In China, Jessica J. Shen Jun 2014

Killing A Chicken To Scare The Monkey: The Unequal Administration Of Death In China, Jessica J. Shen

Washington International Law Journal

China’s frequent usage of the death penalty in order to achieve deterrence of crime is well known to the international community; however, China also has a strong tradition of legal mercy stemming from imperial rule. In turn, imperial legal mercy originated from Confucian values of benevolence and humaneness. Although modern China emerged as a rejection of Imperial China’s Confucian hierarchal social structures, these cultural traditions have endured. For example, Confucianism’s humane influence can be seen in statutory and procedural mechanisms demonstrating benevolence towards criminals. However, only applying this benevolence to a select group of people betrays modern China’s statutory and …


Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman Apr 2014

Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman

Cardozo Law Review

No abstract provided.


Ghana’S Jury System On Trial, Dennis D. Adjei Jan 2014

Ghana’S Jury System On Trial, Dennis D. Adjei

Duke Law Master of Judicial Studies Theses

Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …


Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote Jan 2014

Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote

Articles

Of the many reforms affecting the Japanese judiciary that were undertaken in connection with the recommendations of the Justice System Reform Council, one reform above all attracted widespread public attention: the introduction of the so-called saiban'in system. In this system, mixed panels of professional judges and lay jurors judge guilt and assess penalties in serious criminal cases. Following a five-year preparation period, the new system went into effect for the specified categories of crimes for which indictments were issued on or after May 21, 2009, with the first trials under the new system commencing in August 2009. Pursuant to the …


From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi Jan 2014

From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi

Cardozo Journal of International and Comparative Law

The article examines the effectiveness of transitional justice mechanisms in addressing human rights abuses, using Chile's experience under Augusto Pinochet as a model. It critiques the U.S. for failing to adopt similar approaches to accountability, particularly in addressing abuses at Guantanamo Bay and other detention centers. The analysis highlights the importance of combining truth commissions, criminal prosecutions, and reparations to achieve justice and promote democratic transition. It argues that the U.S. must align its domestic practices with the international human rights standards it promotes.


Marxist And Soviet Law, Stephen C. Thaman Jan 2014

Marxist And Soviet Law, Stephen C. Thaman

All Faculty Scholarship

This chapter addresses both the Marxist critique of law before the Russian Revolution and the development of the Soviet Law Structure. It discusses the three main trends in Soviet Criminal Law before elucidating how these trends affected the General Part and the Special Part of Soviet Criminal Codes and overall Soviet criminal policy.


From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric Jan 2014

From Arbitrariness To Coherency In Sentencing: Reducing The Rate Of Imprisonment And Crime While Saving Billions Of Taxpayer Dollars, Mirko Bagaric

Michigan Journal of Race and Law

Dealing with criminals and preventing crime is a paramount public policy issue. Sentencing law and practice is the means through which we ultimately deal with criminal offenders. Despite its importance and wide-ranging reforms in recent decades, sentencing remains an intellectual and normative wasteland. This has resulted in serious human rights violations of both criminals and victims, incalculable public revenue wastage, and a failure to implement effective measures to reduce crime. This Article attempts to bridge the gulf that exists between knowledge and practice in sentencing and lays the groundwork for a fair and efficient sentencing system. The Article focuses on …


Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner Jan 2014

Interstate Conflict And Cooperation In Criminal Cases: An American Perspective, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last decade, the European Union has adopted legislation that calls for the mutual recognition of arrest warrants, investigation orders, and penal judgments. These laws have aimed to strengthen the Union’s response to transnational crime, and EU policymakers are currently considering legislation to further harmonize the Union's law enforcement efforts. This Article compares these developments within the EU to the U.S. legal framework on mutual recognition in criminal matters. It examines the individual, state and systemic interests that U.S. state courts have considered in deciding whether to recognize other states' judgments, warrants, or investigative actions. These competing interests have …


Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck Jan 2014

Shaken Baby Syndrome On Trial, Keith A. Findley, Barry Scheck

Articles

This is a short review of Deborah Tuerkheimer's book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014).


The Genealogy Of Prosecutorial Discretion In Latin America: A Comparative And Historical Analysis Of The Adversarial Reforms In The Region, Daniel Pulecio-Boek Jan 2014

The Genealogy Of Prosecutorial Discretion In Latin America: A Comparative And Historical Analysis Of The Adversarial Reforms In The Region, Daniel Pulecio-Boek

Richmond Journal of Global Law & Business

No abstract provided.


Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans Jan 2014

Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans

All Faculty Publications

“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …


Racial Profiling As Collective Definition, Trevor George Gardner Jan 2014

Racial Profiling As Collective Definition, Trevor George Gardner

Scholarship@WashULaw

Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice. However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In the article, I review the literature on group distinction to …