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Articles 14371 - 14400 of 27909

Full-Text Articles in Criminal Law

Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil Jan 2005

Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil

Michigan Journal of Gender & Law

Human trafficking is becoming the fastest growing criminal activity in the world. Generally, trafficking is defined as the transportation of persons across international borders for labor purposes, by means of force, fraud, or coercion. Commerce directly related to human slavery yields approximately $7-$10 billion a year, trailing only behind drugs and weapons trade for international profit. According to recent congressional findings, over 700,000 human beings are trafficked across international borders each year, including approximately 50,000 women and children into the United States. Women and girl children are the primary targets for sexual exploitation into prostitution, pornography, sex tourism, and other …


Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza Jan 2005

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.


Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier Jan 2005

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.


Pornography As Trafficking, Catharine A. Mackinnon Jan 2005

Pornography As Trafficking, Catharine A. Mackinnon

Michigan Journal of International Law

In material reality, pornography is one way women and children are trafficked for sex. To make visual pornography, the bulk of the industry's products, real women and children, and some men, are rented out for use in commercial sex acts. In the resulting materials, these people are then conveyed and sold for a buyer's sexual use. Obscenity laws, the traditional legal approach to the problem, do not care about these realities at all. The morality of what is said and shown remains their focus and concern. The injuries inflicted on real people to make the materials, or because they are …


Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan Jan 2005

Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan

Nevada Supreme Court Summaries

Petitioner, seeking a writ of mandamus, contended that the district court abused its discretion by awarding defendant credit against her prison sentence for time served on house arrest as a condition of bail.


Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer Jan 2005

Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer

Cardozo Journal of Equal Rights & Social Justice

The article examines the intersection of domestic abuse and Jewish law, focusing on how religious teachings, such as the concept of shalom bayit (peace in the home), are often misused to justify remaining in abusive relationships. It highlights the barriers women face in obtaining a religious divorce (get) and the stigma associated with domestic abuse (shonda), which discourages victims from seeking help. The analysis critiques the misuse of religious laws and advocates for reinterpretation to prioritize victims' safety and well-being. The article emphasizes the need for education, awareness, and improved support systems within the Jewish community to address these issues …


Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani Jan 2005

Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel Jan 2005

Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel

Human Rights Brief

No abstract provided.


Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry Jan 2005

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.


De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle Jan 2005

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson Jan 2005

Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.


Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii Jan 2005

Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii

Faculty Publications

This Article proposes a simplified sentencing table consisting of nine base sentencing ranges, each subdivided into three sub-ranges. The base sentencing range would be determined by combining offense facts found by a jury or admitted in a plea with the defendant's criminal history. A defendant's placement in the sub-ranges would be determined by post-conviction judicial findings of sentencing factors. No upward departures from the base sentencing range would be permissible, but defendants might be sentenced below the low end of the base sentencing range as a result of an acceptance of responsibility credit or due to a downward departure motion. …


Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia Jan 2005

Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia

Journal of Law and Health

The fact of the matter is that residency laws often force all registered sex offenders to pay the price for a few high-profile cases and the public's fear and beliefs regarding sex offenders is often misguided and not well-founded. Sex offender residency laws may actually increase recidivism rates while placing unjustified burdens on sex offenders and their family members. Furthermore, because these laws target stranger perpetrators, they do not prevent the majority of sex crimes committed by acquaintances or family members of the victim. This results in parents being lulled into a false sense of security that their children are …


Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes Jan 2005

Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes

Cleveland State Law Review

This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …


Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers Jan 2005

Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article considers the Supreme Court's suggestion and recommends a mechanism to regulate the virtual pornography market in a manner that balances the rights of virtual pornographers with the prosecution of actual child pornographers. Part II traces the events leading up to the Free Speech decision, commencing with the enactment of the Child Pornography Prevention Act of 1996 (CPPA). Part III discusses the Free Speech opinion and the post-Free Speech cases. Part IV examines the PROTECT Act--the legislative response to the Supreme Court's decision. Part V concludes that regulation of the virtual pornography industry is the most effective method of …


Ambiguity And The Academic: The Dangerous Attraction Of Pan-Indian Legal Analysis, Ezra Rosser Jan 2005

Ambiguity And The Academic: The Dangerous Attraction Of Pan-Indian Legal Analysis, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones Jan 2005

Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Prosecutorial Ethics And Victims' Rights: The Prosecutor's Duty Of Neutrality, Bennett L. Gershman Jan 2005

Prosecutorial Ethics And Victims' Rights: The Prosecutor's Duty Of Neutrality, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In recent years, enhanced legal protections for victims has caused victims to become increasingly involved in the criminal justice process, often working closely with prosecutors. In this Article, Professor Gershman analyzes the potential challenges to prosecutors' ethical duties that victims'participation may bring and suggests appropriate responses.


Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock Jan 2005

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.


Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis Jan 2005

Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis

War Crimes Memoranda

No abstract provided.


The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon Jan 2005

The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon

Articles

No abstract provided.


Symposium: Bruce Springsteen And The American Lawyer: "Meanness In This World", Garrett Epps Jan 2005

Symposium: Bruce Springsteen And The American Lawyer: "Meanness In This World", Garrett Epps

All Faculty Scholarship

As part of a symposium on Bruce Springsteen and American law, this essay considers the themes explored by Springsteen in his song "Nebraska," which was inspired by the story of Charles Starkweather and Caril Anne Fugate, two young "lovers" who indulged in a remarkable course of violence in Nebraska during the 1950s. The essay asks to what extent the song, and the story, echo the themes of emigration and displacement that are key elements in the history and current reality of the American West. The essay compares the story of Starkweather and Fugate with the current case of Christian Longo, …


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Jan 2005

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.


Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais Jan 2005

Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais

Villanova Law Review (1956 - )

No abstract provided.


After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee Jan 2005

After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee

War Crimes Memoranda

No abstract provided.


Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson Jan 2005

Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson

War Crimes Memoranda

No abstract provided.


Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink Jan 2005

Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink

War Crimes Memoranda

No abstract provided.


Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan Jan 2005

Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.


Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan Jan 2005

Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.


Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai Jan 2005

Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai

War Crimes Memoranda

No abstract provided.