Calling All The Statesmen: The (Not) Mubarak Trial,
2017
Georgetown University Law Center
Calling All The Statesmen: The (Not) Mubarak Trial, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
I read the decision that exonerated ex-Minister of Interior of Egypt and his assistants from the charge of giving orders to kill demonstrators textually. Shortcomings known to lawyers and journalists who were following the case about failure of performance on the part either of prosecutors, lawyers, or the judge overseeing the trial are not considered in my reading. You might call it a close reading—specifically, a reading of the rationalizing language used by the judge writing the decision to explain his verdict.
God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence,
2017
New York Law School
God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin
Articles & Chapters
Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …
Corpus Linguistics And The Criminal Law,
2017
University of North Carolina School of Law
Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick
Faculty Publications
This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.
Capital Punishment Of Unintentional Felony Murder,
2017
University at Buffalo School of Law
Capital Punishment Of Unintentional Felony Murder, Guyora Binder, Brenner Fissell, Robert Weisberg
Journal Articles
Under the prevailing interpretation of the Eighth Amendment in the lower courts, a defendant who causes a death inadvertently in the course of a felony is eligible for capital punishment. This unfortunate interpretation rests on an unduly mechanical reading of the Supreme Court’s decisions in Enmund v. Florida and Tison v. Arizona, which require culpability for capital punishment of co-felons who do not kill. The lower courts have drawn the unwarranted inference that these cases permit execution of those who cause death without any culpability towards death. This Article shows that this mechanical reading of precedent is mistaken, because the …
Solving The Riddle Of Rape By Deception,
2017
University at Buffalo School of Law
Solving The Riddle Of Rape By Deception, Luis E. Chiesa
Journal Articles
Is sex obtained by lies an act of lawful seduction or criminal rape? This deceptively simple question has baffled courts and scholars for more than a century. In an influential recent article, Yale Law Professor Jed Rubenfeld argued that our ambivalence towards this question generates what he called the “riddle of rape-by-deception”. The riddle is that if rape is defined as having sex without consent, then rape statutes should prohibit sex by deception just as much as they prohibit sex by force. Yet they don’t. So either rape statutes are guilty of a huge, inexplicable oversight or rape law is …
Why Wait So Long: The Cornelius Gurlitt Collection And The Need For Clear Adr Mechanisms In The Restitution Of Looted Art,
2017
Benjamin N. Cardozo School of Law
Why Wait So Long: The Cornelius Gurlitt Collection And The Need For Clear Adr Mechanisms In The Restitution Of Looted Art, Samantha Elie
Cardozo Journal of Conflict Resolution
This Note discusses the legal issues surrounding the Gurlitt Collection at each step of the process, and proposes that the mishandling of the collection should spark the need for an international treaty focusing on alternative dispute resolution ("ADR") mechanisms for restituting large troves of looted art. Section II of this Note provides a history of the Gurlitt Collection and the Washington Principals, the non-binding principals currently guiding countries in international restitution. Then, Section III critically examines how the collection has been handled since its discovery in 2012: by the German government, by the media, through ADR mechanisms, and through domestic …
Early Non-Military Intervention To Prevent Atrocity Crimes,
2017
Benjamin N. Cardozo School of Law
Early Non-Military Intervention To Prevent Atrocity Crimes, Sarah Lesser
Cardozo Journal of Conflict Resolution
This Note explores the possibility of victim-offender mediation or negotiation as a means of early non-military intervention for atrocity crimes, in situations in which indicators from Risk Factor 7 of the U.N. Framework of Analysis are present, and argues that the international community should turn to such forms of mediation and negotiation more often in order to prevent atrocities. Section II provides a brief history of atrocity prevention, and explores other proposals for early warning and non-military intervention. This section also highlights the shortcomings of existing atrocity prevention models. Section III evaluates situations in which victim-offender mediation and negotiation have …
Developing Improved Tactics For Advance Pricing Agreements To Decrease Negotiation Lead Time,
2017
Benjamin N. Cardozo School of Law
Developing Improved Tactics For Advance Pricing Agreements To Decrease Negotiation Lead Time, Ryan Vines
Cardozo Journal of Conflict Resolution
This Note seeks to investigate the inefficiencies of the Advance Pricing Agreement negotiation process and how inequitable negotiations adversely affect the American taxpaying community, and small and medium sized corporations. The results of this investigation point to the necessity for the IRS to collect data and perform trend analyses. Although marginal improvements have been made by the Advance Pricing and Mutual Agreement ("APMA") Office, the data show that the real issues of Advance Pricing Agreement negotiations have yet to be resolved. The current practices and procedures of a typical Advance Pricing Agreement negotiation does not promote horizontal equity among taxpayers. …
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children,
2017
Mzumbe University
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya
Dignity: A Journal of Analysis of Exploitation and Violence
Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …
Bargained-For-Justice: Lessons From The Italians?,
2017
University of Pacific McGeorge School of Law
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The Yates Memo: Looking For "Individual Accountability" In All The Wrong Places,
2017
Penn State Law
The Yates Memo: Looking For "Individual Accountability" In All The Wrong Places, Katrice Bridges Copeland
Faculty Scholarship
The Department of Justice has received a great deal of criticism for its failure to prosecute both corporations and individuals involved in corporate fraud. In an effort to quiet some of that criticism, on September 9, 2015, then Deputy Attorney General Sally Q. Yates issued a policy entitled, "Individual Accountability for Corporate Wrongdoing," or the "Yates Memo," as it has been called. The main thrust of the Yates Memo is that in order for a corporation to receive any credit for cooperating with the government and obtain leniency in the form of a deferred prosecution agreement, the corporation must not …
Domestic Homicides: The Continuing Search For Justice,
2017
University of Oregon
Domestic Homicides: The Continuing Search For Justice, Caroline Anne Forell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Democratizing Criminal Justice Through Contestation And Resistance,
2017
Brooklyn Law School
Democratizing Criminal Justice Through Contestation And Resistance, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Sovereign Display And Fiscal Techniques,
2017
Dept. of Criminology, Stockholm University
Sovereign Display And Fiscal Techniques, Magnus Hornqvist
Vanderbilt Journal of Transnational Law
Over recent decades, the state has come to increasingly rearticulate sovereignty at the very center of society. To support the thesis of a migration of sovereignty from the periphery to the center, from the punishment of marginalized groups to the regulation of economic transactions, this Article sketches the development of rules, monitoring, and sanctions--the three phases of regulation in the strict sense--with respect to first tax evasion and undeclared work and then organized crime, money laundering, and terrorist financing. Unbounded reasons of state, symbolic authority, and conflicts with formidable foes are found to be expressed in the economic sphere, which …
Fairness, Legitimacy, And Selection Decisions In International Criminal Law,
2017
Vanderbilt University Law School
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Vanderbilt Journal of Transnational Law
The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the fairness of its selection decisions as measured against the norm of equal application of law, whether in the disproportionate focus on certain regions (as with the ICC's focus on Africa), the application of criminal responsibility only to one side of a conflict, or the continued …
The Money Mule: Its Discursive Construction And The Implications,
2017
Geschwister-Scholl Institute of Political Science
The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse
Vanderbilt Journal of Transnational Law
The proceeds of cybercrime are typically laundered by money mules--people used by criminal organizations to interrupt the financial paper trail by transferring money for the criminals. This Article analyzes the discursive construction of the money mule in documents of national and international anti-money laundering authorities such as Financial Intelligence Units (FIUs), Europol, and the Financial Action Task Force (FATF). It shows how case study narratives, visualizations, and metaphors contribute to an understanding of the money mule as an innocent victim of organized crime networks from West Africa and Eastern Europe, supported by money remittance companies like Western Union. These constructions …
Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities,
2017
Benjamin N. Cardozo School of Law
Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Clemency And The Administration Of Hope,
2017
University of Richmond
Clemency And The Administration Of Hope, Erin R. Collins
Law Faculty Publications
In 2014, President Obama announced his intention to ‘‘restor[e] fundamental ideals of justice and fairness’’ to the criminal justice system by exercising his executive clemency power to commute sentences of those who had ‘‘already served their time and paid their debt to society.’’ Soon thereafter, the Department of Justice (DOJ) specified six criteria it would use to prioritize applications. The primary targets of these criteria were the casualties of the war on drugs: people sentenced to draconian sentences for nonviolent drug offenses, some of which involved less than a handful of narcotics. Most of these individuals had exhausted any available …
Reforming The Death Penalty In Egypt: An Islamic Law Perspective,
2017
Indiana University Maurer School of Law
Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed
Maurer Theses and Dissertations
The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit …
Fixing Soccer: Changing Fifa's Corporate Governance Structure In Response To The Current Fifa Corruption Scandal,
2017
Benjamin N. Cardozo School of Law
Fixing Soccer: Changing Fifa's Corporate Governance Structure In Response To The Current Fifa Corruption Scandal, Alexander Mandel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
