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Legal Studies

Dissertations, Theses, and Capstone Projects

Justice

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Full-Text Articles in Social and Behavioral Sciences

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke Feb 2017

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …


I Hope I Don't See You Tomorrow: A Phenomenological Ethnography Of The Passages Academy School Program, Lee Adam Gabay Feb 2014

I Hope I Don't See You Tomorrow: A Phenomenological Ethnography Of The Passages Academy School Program, Lee Adam Gabay

Dissertations, Theses, and Capstone Projects

This study examines Passages Academy, a school program that offers educational services for court-involved youth in New York City. Looking specifically at the Department of Education teachers who work in facilities run by the Department of Juvenile Justice, this research focuses on the beliefs and behaviors that inform the teaching experience within these facilities. The critical question of how these educators negotiate the learning spaces within this school community is also examined.

The question that informs much of this study is: how are the philosophies of the various stake-holding agencies enacted daily in real classroom settings? This leads to a …