Legal Remedies Commons^™

Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography, Jennifer Rothman

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of restitution liability to include possessors of child pornography, arguing that their actions cause distinct and ongoing harm to victims. It emphasizes that each possession or download revictimizes the child, invades their privacy, and perpetuates the market for such material, thus necessitating legal accountability and compensation.

Pampasan Kepada Mangsa Rogol Di Malaysia Menurut Perspektif Syariah., Rozilawati Mat Yacob

Student Works (2010-2019)

The statistic of rape cases in Malaysia is obviously increasing since the year 2000-2006. This phenomenon is becoming more serious over these years particularly with increasing incidents of rape and murder cases. The rape tragedy definitely left the victim with many effects. It is timely to make a research about rape as a brutal crime and also the compensation for victims in Malaysia. The main objective of this research is to suggest a rape compensation system to be practiced in Malaysia, by looking at the principles laid down by Islam as well as by looking to the practices in Western …

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal

Chicago-Kent Law Review

After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. In this article, Professor Rosenthal argues that the case for providing such compensation is deeply problematic, whether advanced in terms of no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable as a means of creating an economic incentive to scale back such liability-producing conduct to optimal levels, this rationale has little application to the criminal justice system. Instead, a regime of strict liability would operate as …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.

No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700, 000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform …

What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg

Articles

During the twentieth century a particular ideology inspired specific efforts to utilize the power of the law to redress episodes of mass atrocity-in particular genocide. The idea has been that accountability and reparations are necessary for moving beyond a past marred with crimes of genocide and crimes against humanity. Trials are often claimed to aid this process on the grounds that they create an irrefutable historic record, punish the perpetrators for the sake of justice and deterrence, and promote peace and reconciliation. This Article interrogates the stated goals of accountability, in particular the goal of reconciliation, against the impact, within …

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …

Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs

BYU Law Review

No abstract provided.

A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry

Georgia Law Review

Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. …

Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.

Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that interdisciplinary domestic violence clinics in law schools offer a transformative approach to addressing domestic violence by integrating legal and extra-legal services. These clinics not only provide holistic support to survivors but also empower them to advocate for systemic change. By fostering collaboration among law students, social workers, psychologists, and community organizations, such clinics address the multifaceted needs of survivors while training future lawyers to approach legal issues with a broader societal perspective. The article highlights the potential of these clinics to drive social progress by amplifying the voices of survivors and influencing legal and community responses …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein

Cardozo Public Law, Policy & Ethics Journal

The article discusses the dual nature of DNA technology in the criminal justice system, highlighting its significant benefits, such as exonerating the wrongly convicted and solving cold cases, while also addressing its limitations and challenges. It emphasizes that DNA evidence, while powerful, is not infallible and should not overshadow other forms of evidence. The author underscores the need for cautious use of DNA evidence, proper legal standards, and addressing human fallibility to ensure justice.

Barry Scheck Lectures On Wrongful Convictions, Barry Scheck

Articles

The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.

Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen

Faculty Scholarship

In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. ³ The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. ⁴ The purchaser testified that a firearm was visible during two of these drug sales.⁵ Police seized another gun from Angelos' home five months later pursuant to a warrant.⁶ At no time was …

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Use Of Prior Convictions After Apprendi, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John T. Parry

ExpressO

Using the Supreme Court's decision last Term in Chavez v. Martinez as a launching pad, this article reveals and addresses fundamental tensions in constitutional interpretation, the law of interrogation, and civil rights litigation. First, this article highlights the importance of remedies to the definition of constitutional rights, which compels us to jettison the idea of prophylactic rules and accept Congress's role in constitutional interpretation. Armed with these insights, the article next considers the law of coercive interrogation. I explain why the privilege against self-incrimination is more than a trial right, and I redefine the central holding of Miranda to take …

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …

By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

When The Heck Does This Claim Accrue? Heck V. Humphrey's Footnote Seven And § 1983 Damages Suits For Illegal Search And Seizure, John Stanfield Buford

Washington and Lee Law Review

No abstract provided.

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.

The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett

Michigan Law Review

The Supreme Court insists that Article III of the Constitution requires a litigant to have standing in order for her request for judicial intervention to constitute a "case" or "controversy" within the jurisdiction of a federal court; it also insists that the "irreducible constitutional minimum" of standing requires (1) that the litigant suffer an "injury in fact"; (2) that the person against whom the judicial intervention is sought have caused the injury; and (3) that the requested judicial intervention redress the injury. The requisite injury in fact, the Court repeatedly declares, must be "personal," "concrete and particularized," and "actual or …

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.

Distribution Of Damages In Car Accidents Through The Use Of Neural Networks, Lothar Philipps

Cardozo Law Review

After a traffic accident the damage has to be fairly divided among the parties involved, and a ratio has to be determined. There are many precedents for this, and judges have developed catalogues suggesting ratios for common types of accidents.

The problem that "every case is different," however, remains. Many cases have familiar aspects, but also unfamiliar ones. Even if a case is composed of several familiar aspects with established ratios, the question remains as to how these are to be figured into one ratio. The first thought would be to invent a mathematical formula, but such formulae are rigid …

A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien

Faculty Works

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.