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Book Review, Terje Einarsen & Joseph Rikhof, A Theory Of Punishable Participation In Universal Crimes (2018), Mark A. Drumbl, Lauren Hancock 2020 Washington and Lee University School of Law

Book Review, Terje Einarsen & Joseph Rikhof, A Theory Of Punishable Participation In Universal Crimes (2018), Mark A. Drumbl, Lauren Hancock

Scholarly Articles

In A Theory of Punishable Participation in Universal Crimes, Terje Einarsen and Joseph Rikhof unpack concepts of liability for individual contributions to universal crimes. Universal crimes – namely genocide, crimes against humanity, war crimes, and acts of aggression – tend to occur when a state or another powerful organization (a non-state actor, for example) collectivizes and channels the involvement of many people to commit the crime. The people who execute the acts are rarely ever the people who coordinate them. This disjuncture renders participation difficult to define and punish – individual acts may elide conventional legal intelligibility. Consequently, only …


Strengthening American War Crimes Accountability, Geoffrey S. Corn, Rachel E. Vanlandingham 2020 American University Washington College of Law

Strengthening American War Crimes Accountability, Geoffrey S. Corn, Rachel E. Vanlandingham

American University Law Review

The United States needs to improve accountability for its service members’ war crimes. President Donald J. Trump dangerously intensified a growing national misunderstanding regarding the critical nexus between compliance with the laws of war and the health and efficacy of the U.S. military. This Article pushes back against such confusion by demonstrating why compliance with the laws of war, and accountability for violations of these laws, together constitute vital duties owed to our women and men in uniform.

This Article reveals that part of the fog of war surrounding criminal accountability for American war crimes is due to structural defects …


Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller 2020 The University of Akron

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.


The Full Swede: Revising Rhode Island’S Prostitution Law To Decriminalize The Selling Of Sex While Still Criminalizing The Buying Of Sex, Amanda LaRocca 2020 Candidate for Juris Doctor, Roger Williams University School of Law

The Full Swede: Revising Rhode Island’S Prostitution Law To Decriminalize The Selling Of Sex While Still Criminalizing The Buying Of Sex, Amanda Larocca

Roger Williams University Law Review

No abstract provided.


Whitaker V. State, 199 A.3d 1021 (R.I. 2019), Olivia Handy 2020 Candidate for Juris Doctor, Roger Williams University School of Law

Whitaker V. State, 199 A.3d 1021 (R.I. 2019), Olivia Handy

Roger Williams University Law Review

No abstract provided.


Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo 2020 Associate Professor, Barry University School of Law

Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo

Roger Williams University Law Review

No abstract provided.


State V. Mattatall, 219 A.3d 1288 (R.I. 2019), Alyssa L. Lemire 2020 Candidate for Juris Doctor, Roger Williams University School of Law

State V. Mattatall, 219 A.3d 1288 (R.I. 2019), Alyssa L. Lemire

Roger Williams University Law Review

No abstract provided.


State V. Roscoe, 198 A.3d 1232 (R.I. 2019), Philip Primeau 2020 Candidate for Juris Doctor, Roger Williams University School of Law

State V. Roscoe, 198 A.3d 1232 (R.I. 2019), Philip Primeau

Roger Williams University Law Review

No abstract provided.


State V. Beauregard, 198 A.3d 1 (R.I. 2018), Jonathan Stark-Sachs 2020 Candidate for Juris Doctor, Roger Williams University School of Law

State V. Beauregard, 198 A.3d 1 (R.I. 2018), Jonathan Stark-Sachs

Roger Williams University Law Review

No abstract provided.


Stare Decisis On Death Row: How The Florida Supreme Court Has Abandoned Stare Decisis Since 2020, 2020 Florida A&M University College of Law

Stare Decisis On Death Row: How The Florida Supreme Court Has Abandoned Stare Decisis Since 2020

Florida A & M University Law Review

This comment will analyze how the Florida Supreme Court has disregarded the doctrine of Stare Decisis throughout 2020 and the consequences of the four significant changes to Florida’s death penalty law. Part II discusses how the doctrine of stare decisis is defined and its origins. Part III addresses the need for certainty and reliability of the law for its survival as an institution. Part IV discusses how the court’s new composition has led the court to overturn precedent in death penalty law. Part V delves into the four major changes that the Florida Supreme Court has made relating to the …


Lie To Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035, 2020 Florida A&M University College of Law

Lie To Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035

Florida A & M University Law Review

One court notes that the Supreme Court of the United States (“SCOTUS”) has previously not found specific intent to be required under similar language within Section 1001.9 While there are many similarities between Sections 1001 and 1035, there are salient differences. Notwithstanding the differences, this Article argues that Sections 1001 and 1035 should be interpreted without “intent to deceive” and rather be interpreted as a strict liability offense. This argument began with Part I, which provided a brief introduction regarding specific intent under Sections 1001 and 1035. Part II examines the purpose of criminalizing false statements, which identifies why the …


The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser 2020 New York University School of Law

The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser

NYLS Law Review

No abstract provided.


The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh 2020 University of Miami School of Law

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Articles

In 2017, the International Law Commission ("ILC") which was established by the UN General Assembly in 1947 to assist States with the promotion of (1) the progressive development of international law and (2) its codification, adopted on first reading a draft convention on crimes against humanity which it transmitted to States for comments. The draft convention seeks to help fill the present gap in the law of international crimes since States criminalized genocide in 1948 and war crimes in 1949, but missed the opportunity to do so for crimes against humanity. This Article examines the first reading text, as submitted …


Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth 2020 University of Colorado Law School

Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth

Publications

No abstract provided.


What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen 2020 Touro University Jacob D. Fuchsberg Law Center

What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry 2020 Touro Law Center

The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry

Journal of Race, Gender, and Ethnicity

No abstract provided.


From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji 2020 Touro Law Center

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur 2020 Touro Law Center

Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur

Journal of Race, Gender, and Ethnicity

No abstract provided.


Innocent But Incarcerated: Reforming Oklahoma’S Criminal Pretrial Procedures To Combat Discrimination Against Indigent Defendants, Bailey Betz 2020 University of Oklahoma College of Law

Innocent But Incarcerated: Reforming Oklahoma’S Criminal Pretrial Procedures To Combat Discrimination Against Indigent Defendants, Bailey Betz

Oklahoma Law Review

No abstract provided.


The Failure Of The Deliberate Indifference Standard: How Marbury V. Warden Gives Prison Officials More Justification To Devalue Life, Bex Kolins 2020 North Carolina Central University School of Law

The Failure Of The Deliberate Indifference Standard: How Marbury V. Warden Gives Prison Officials More Justification To Devalue Life, Bex Kolins

North Carolina Central Law Review

No abstract provided.


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