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Articles 1441 - 1470 of 1693
Full-Text Articles in Criminal Procedure
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe
What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe
Cardozo Journal of International and Comparative Law
The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …
Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann
Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Humane Proposals For Swift And Painless Death, Bryce Buchmann
Humane Proposals For Swift And Painless Death, Bryce Buchmann
Law Student Publications
This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.
Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates The International Covenant On Civil And Political Rights, Layla Medina
American University International Law Review
No abstract provided.
Victims Who Victimise, Mark A. Drumbl
Victims Who Victimise, Mark A. Drumbl
Scholarly Articles
How to speak of the agency of the oppressed to harm others in times of atrocity? This article juxtaposes Holocaust literature (Levi, Frankl, Kertesz, Ka-Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court.
The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Brooklyn Law Review
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
Faculty Scholarship
No abstract provided.
Police Impunity In Mexico: Creating Openings For Justice In A New Democracy, Emily Boyce
Police Impunity In Mexico: Creating Openings For Justice In A New Democracy, Emily Boyce
Honors Theses
In this project, I investigate why police impunity has persisted in Mexico, and why the application of justice, when it does occur, happens unequally. Mexico has undergone a democratic transition with a specific focus on increasing accountability in the judiciary. These persistent trends of police impunity and unequal application of justice are especially puzzling in the face of these recent shifts. Existing literature argues that the institutional changes that occur as a result of democratization should yield changes that further the individual rights of citizens. A majority of the scholarly work regarding police impunity and justice in Mexico focuses on …
Poetic Justice, Darrell Cannon
The Invisibility Of Female Farmworkers: How Current Workers' Rights Legislation Fails To Adequately Protect Female Farmworkers And Exposes Them To Serious Health And Safety Risks, Martha Laura Garcia
The Invisibility Of Female Farmworkers: How Current Workers' Rights Legislation Fails To Adequately Protect Female Farmworkers And Exposes Them To Serious Health And Safety Risks, Martha Laura Garcia
Public Interest Law Reporter
Migrant and seasonal farmworkers are one of the most isolated and vulnerable population groups in the United States. Not only is the nature of their work exhausting and dangerous, but many times, the workers face other challenges, like cultural and language barriers and limited access to legal, health, and educational services. Female farmworkers are particularly vulnerable to the many risks seasonal and migrant farmworkers face, with the additional challenge of having limited forms of legal relief. By giving an overview of current labor laws and presenting the main risks female farmworkers face, this article will demonstrate that labor laws and …
Tunnel Vision: How The System Chooses Its Target, Alison Hill
Tunnel Vision: How The System Chooses Its Target, Alison Hill
Public Interest Law Reporter
No abstract provided.
Many Poor Americans Are Not Getting Access To Clean Drinking Water, A Basic Human Right, Keimer Raymond
Many Poor Americans Are Not Getting Access To Clean Drinking Water, A Basic Human Right, Keimer Raymond
Public Interest Law Reporter
No abstract provided.
Reform Demanded By Minorities On Police's Use Of Excessive Force And The U.S. Government's Resistance To Change, Jessica Younan
Reform Demanded By Minorities On Police's Use Of Excessive Force And The U.S. Government's Resistance To Change, Jessica Younan
Public Interest Law Reporter
No abstract provided.
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Global Tides
This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim
Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim
Public Interest Law Reporter
No abstract provided.
A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy
A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy
Public Interest Law Reporter
No abstract provided.
Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos
Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos
Public Interest Law Reporter
With the major judicial holding of Obergefell v. Hodges, the Supreme Court of the United States legally recognized same sex-marriage. Advocates of the lesbian, gay, bisexual and transgender (LGBT) community celebrated in the granting of what many deemed a fundamental right. Now, with the ability to freely marry, same-sex couples are looking to grow their family through adoption, with some adoption agencies seeing a slight increase in upwards of 700 applicants a month. This article will address the legal challenges, and proposed solutions, to expanding American same-sex couples' legal rights to adopt children outside of the United States.
Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez
Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez
Public Interest Law Reporter
No abstract provided.
The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang
Public Interest Law Reporter
No abstract provided.
Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar
Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar
Public Interest Law Reporter
No abstract provided.
State Challenges To Refugee Resettlement, Anthony E. Wadas
State Challenges To Refugee Resettlement, Anthony E. Wadas
Public Interest Law Reporter
No abstract provided.
Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez
Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez
Public Interest Law Reporter
No abstract provided.
Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon
Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon
Public Interest Law Reporter
In January, President Obama banned solitary confinement - the confinement of a prisoner in a cell for virtually the entire day without environmental stimulation and limited opportunity for social interaction - for juveniles in the federal prison system. In his announcement, he stated that solitary confinement has been overused and has the potential to cause tremendous psychological consequences. His decision came after a review by the Justice Department. The report stated that the practice of solitary confinement reduces the chances that a prisoner can be eventually rehabilitated to society. This article will examine the anticipated impact of the President's executive …
Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver
Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett
Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett
Public Interest Law Reporter
No abstract provided.
The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim
The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim
Public Interest Law Reporter
No abstract provided.