Criminal Abortion And Citizen’S Arrest,
2025
American University Washington College of Law
Criminal Abortion And Citizen’S Arrest, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
In the aftermath of Dobbs v. Jackson Women’s Health Organization, many states rushed to classify abortion as homicide. In addition to criminalizing abortion, some states have shown a willingness to place enforcement of the new laws in the hands of ordinary citizens through a variety of private enforcement mechanisms. These new abortion statutes exist in tandem with existing citizen’s arrest laws to create the possibility for women, providers, and those who assist them to be subject to this problem-ridden doctrine. This Article analyzes potential scenarios in which these areas clash and pose new risks to exercising what was not long …
Are The Kids Alright? An Analysis Of Sex Education, The Sexual Behaviors Of Minors And Age Of Consent Laws In The United States,
2025
University of South Carolina - Columbia
Are The Kids Alright? An Analysis Of Sex Education, The Sexual Behaviors Of Minors And Age Of Consent Laws In The United States, Monica L. Johnston
Senior Theses
This paper explores the sexual development of children, the sexual education they receive, as well as the history of sex laws in the United States, to determine whether the laws regarding education and age of consent adequately protect children. A qualitative survey is also conducted with undergraduate students at the University of South Carolina to determine what topics were discussed in their sexual education curriculum, as well as their sexual behaviors as a minor. While the push for comprehensive sexual education models has been growing, millions of dollars are still being allocated to promote Abstinence Only Until Marriage programs, which …
Constitutional Failure,
2025
University of California Berkeley School of Law
Constitutional Failure, Erwin Chemerinsky
Michigan Law Review
A review of The Constitution of the War on Drugs. By David Pozen.
Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court,
2025
Benjamin N. Cardozo School of Law
Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court, David Rudenstine, Michael Waldman, Eric Freedman, Haiyun Damon-Feng, William D. Araiza, Mark Anthony Frassetto, Jake Meiseles, Michael Pollack, Linda Greenhouse, Earl M. Maltz
Cardozo Journal of Equal Rights & Social Justice
The Conservative Caution v. Progressive Originalism symposium, hosted by the Cardozo Journal of Equal Rights and Social Justice on March 7, 2025, brings together leading constitutional scholars to examine the emerging judicial philosophies of Justices Amy Coney Barrett and Ketanji Brown Jackson. Through three expert panels—presidential immunity, gun rights, and judicial ideology—the symposium analyzes how both Justices are shaping contemporary originalist discourse from opposing ends of the ideological spectrum. Panelists explore the Supreme Court’s watershed decision in Trump v. United States (2024), emphasizing its unprecedented expansion of presidential immunity and its implications for separation of powers and democratic accountability. Discussions …
From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition,
2025
Southern Methodist University, Dedman School of Law
From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman
The International Law Review Association Student Forum
The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …
The Lao Penal Code: A Comparative Discourse,
2025
Singapore Management University
The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo
Research Collection Yong Pung How School Of Law
This book comprises a commentary on the criminal law of Laos dealing with the general principles of criminal responsibility, and describing the main offences against the person and property under the Lao Penal Code 2017.
The Truth Should Set You Free: The Case For Removing State Knowledge Requirements From False Testimony Standards,
2025
Benjamin N. Cardozo School of Law
The Truth Should Set You Free: The Case For Removing State Knowledge Requirements From False Testimony Standards, Alexa Pietrowsk
Cardozo Law Review
False testimony claims are an increasinglypopular vehicle in a handful ofstates through which petitioners can challenge unconstitutional criminal convictions. Successful false testimony claims grant petitioners access to remedies guaranteed by the Due Process Clause and overturn offending convictions, giving individuals access to new trials or similar relief But like many post-conviction standards, false testimony is evaluated differently from state to state, producing disparate results. While every state's standard requires that the testimony used at trial be proven both false and material to the petitioner's conviction, states diverge as to whether petitioners must show that a state actor-usually prosecutors or police-knew …
Rekontruksi Sistem Pertanggungjawaban Pidana Korporasi Atas Kejahatan Terhadap Lingkungan Hidup Perspektif Hukum Progresif,
2025
Universitas Islam Negeri Sunan Ampel Surabaya
Rekontruksi Sistem Pertanggungjawaban Pidana Korporasi Atas Kejahatan Terhadap Lingkungan Hidup Perspektif Hukum Progresif, Mochammad Rafi Pravifjayanto
Jurnal Hukum & Pembangunan
The environment as a place for humans to live certainly needs to be preserved and protected for its existence. In the context of statehood, the Indonesian Constitution guarantees the constitutional right of citizens to a clean environment. Thus, regulations as the face of the Indonesian constitution must not contradict the constitution. Juridically, Indonesia regulates life protection in Law Number 32 of 2009 concerning the Protection of Environmental Management. However, in its implementation, there are many violations of environmental management which in fact are carried out by corporations to obtain economic benefits. This study aims to analyze the corporate criminal responsibility …
Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis),
2025
Universitas Sebelas Maret, Surakarta
Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati
Jurnal Hukum & Pembangunan
Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …
Konstitusionalitas Model Putusan Bawaslu Dalam Penyelesaian Pelanggaran Administratif Pemilu,
2025
Fakultas Hukum Universitas Gadjah Mada
Konstitusionalitas Model Putusan Bawaslu Dalam Penyelesaian Pelanggaran Administratif Pemilu, Muhammad Rifai Yusuf, Syarif Hidayat
Jurnal Hukum & Pembangunan
As one of the institutions that carries out quasi-judicial functions in the field of general elections, Bawaslu could issue a decision through an adjudication process. In 2017, Bawaslu was criticized for its several decisions in the Sipol case held by the KPU for the registration of participants in the 2019 general elections, mainly because it was considered that Bawaslu equated its position with the Supreme Court by assessing that Sipol in the KPU Regulation was not in line with the Election Law. In 2024, decisions on election administrative violations appear to be softer or seem to avoid the same potential …
Orientasi Rigid Dan Moderat Dalam Penafsiran Original Intent Dan Praktiknya Di Indonesia,
2025
Universitas Padjadjaran
Orientasi Rigid Dan Moderat Dalam Penafsiran Original Intent Dan Praktiknya Di Indonesia, Muhammad Alwi Khoiri Ramdani, Susi Dwi Harijanto, Lailani Sungkar
Jurnal Hukum & Pembangunan
Metode original intent lazimnya menghasilkan penafsiran yang bersifat rigid sesuai niat perumusnya. Selama konstitusi tidak diubah, maka tafsiran original intent pun tidak berubah. Namun penggunaan metode penafsiran original intent di Indonesia dapat menghasilkan pemaknaan yang berbeda/berubah meskipun ketentuan konstitusi dan perumusnya tidak berganti. Hal ini terjadi karena terdapat perkembangan pemikiran dalam penerapan metode penafsiran original intent. Penelitian ini membahas mengenai perkembangan pemikiran tersebut dan menganalisa pola penerapan metode original intent dalam penafsiran konstitusi yang dilakukan oleh Mahkamah Konstitusi di Indonesia. Ini merupakan penelitian doktriner dengan pendekatan konsep dan kasus. Hasil penelitian menunjukkan bahwa terdapat perkembangan pemikiran dalam penerapan metode penafsiran …
Law School News: Champions For Justice: Celebrating Alumni Leaders In Legal Advocacy And Social Impact 03-31-2025,
2025
Roger Williams University School of Law
Law School News: Champions For Justice: Celebrating Alumni Leaders In Legal Advocacy And Social Impact 03-31-2025, Jane Govednik
Life of the Law School (1993- )
No abstract provided.
Keith Allen Harward's Wrongful Conviction,
2025
Fort Hays State University
Keith Allen Harward's Wrongful Conviction, Matthias Pearce
SACAD: Scholarly Activities
Keith Allen Harward served 33 years in prison in Virginia for a rape and murder (The Innocence Project, 2025). The main evidence for his conviction was bite marks found on the rape victim’s legs. Someone broke into a house and murdered a man and raped the man’s wife. The rape victim described the man who had assaulted her, saying he was wearing a sailor’s outfit. A shipyard security guard nearby reported a man in a blood-spattered E-3 sailor’s uniform. Dental records of all E-3s were obtained and tested, and Harward was identified as the assailant (Keith Allen HARWARD v. COMMONWEALTH …
Attorney Perceptions Of Plea-Bargaining,
2025
Bellarmine University
Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen
Undergraduate Theses
The purpose of this study is to gain a deeper understanding of how criminal prosecutors and defense attorneys describe the negotiation process of plea-bargains, and the roles and discretion they exercise during it. Additionally, plea-bargaining is not well understood by many members of the public, so this research allows the public to gain insight and knowledge into the process. This study consisted of in-depth, qualitative interviews with both prosecutors and defense attorneys. The results of the study were analyzed through a content analysis. Overall, it was found that the way the plea-bargaining process is described through the existing literature differs …
Saving Private Unfaithful: An Argument For Administrative Separation And Action In Lieu Of Criminalizing Extramarital Sexual Conduct,
2025
Washington and Lee University School of Law
Saving Private Unfaithful: An Argument For Administrative Separation And Action In Lieu Of Criminalizing Extramarital Sexual Conduct, Annelise Burgess
Washington and Lee Law Review Online
In order to keep America’s armed forces deadly, ESC must be decriminalized. The MCM’s 2019 update to start including non-heterosexual marriages and affairs tragically expands the reach of ESC. This Note presents new data on charging patterns of ESC in the Marines, highlighting the crime’s active use. ESC continues to overcompensate for behavior prejudicial to good order and discipline or service discrediting; this overcompensation results in subjecting non-prejudicial and non-service-discrediting behavior to criminal action, simultaneously infringing on service members’ constitutional rights and serving as fodder for public outcry. Military leaders should decriminalize ESC and alternatively penalize the behavior by administrative …
State V. Grant: Is Intent An Essential Element Of Criminal Attempt In Maine?,
2025
University of Maine School of Law
State V. Grant: Is Intent An Essential Element Of Criminal Attempt In Maine?, Bethanne Lyons Poliquin
Maine Law Review
Criminal attempt is a conceptually difficult area of the criminal law. Efforts to develop a judicial and statutory framework for the imposition of criminal attempt liability have resulted in analytical difficulties from which sound policy has not emerged. The Maine Supreme Judicial Court has recently encountered this problem in State v. Grant. Liability for criminal attempt has traditionally been limited to those situations in which the actor is shown to have had the specific intent to engage in conduct that constituted a substantial step toward the commission of the substantive crime. Because of this requirement, courts have reasoned that criminal …
Criminal Contempt In Maine: Constitutionally Protected Or Neglected?,
2025
University of Maine School of Law
Criminal Contempt In Maine: Constitutionally Protected Or Neglected?, Christopher D. Hardy
Maine Law Review
The power to punish contempt of court is an ancient power justified as inherent and necessary for the effective administration of justice. Because criminal contempts are willful challenges to the power of a court to maintain control over its proceedings, contempts are acts which serve to lessen the dignity and authority of the court. Certainly, the maintenance of decorum in the courtrooms is of paramount importance. Absent the ability to sanction willful disobedience, a court is powerless to enforce its decrees or control its proceedings. Yet it is a power readily open to abuse; application of this power must be …
Presumptions Against Criminal Defendants, Affirmative Defenses, And A Substantive Due Process Interpretation Of County Court Of Ulster V. Allen,
2025
University of Maine School of Law
Presumptions Against Criminal Defendants, Affirmative Defenses, And A Substantive Due Process Interpretation Of County Court Of Ulster V. Allen, John C. Sheldon
Maine Law Review
In County Court of Ulster County v. Allen, the Supreme Court stated: "inferences and presumptions are a staple of our adversary system of factfinding." Because Allen concerned the constitutionality of the use against criminal defendants of such deductive devices as statutory inferences and presumptions, it appeared that the decision would ultimately favor their unrestricted use in criminal cases by the prosecution. Further, that expectation was buttressed by the ruling in Patterson v. New York, in which the Court awarded constitutional sanction to state use of affirmative defenses against criminal defendants. These facts suggested that the Court would refrain from imposing …
Is There A Relationship Between Drug Addiction And Incarceration?,
2025
Fort Hays State University
Is There A Relationship Between Drug Addiction And Incarceration?, Lindsey M. Lopez
SACAD: Scholarly Activities
The connection between drug addiction and incarceration has been widely debated. Many individuals who struggle with substance abuse will end up in the criminal justice system, mainly due to drug-related crimes or offenses committed under the influence like DUI’s. This study examines whether incarceration is effective in solving substance abuse issues or if alternative approaches such as rehabilitation, offer better results. The analysis explores the balance between punishment and treatment programs to determine what the most effective strategy is in reducing recidivism and addressing why drug addiction is high in the justice system.
Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes,
2025
Villanova University Charles Widger School of Law
Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar
Villanova Environmental Law Journal (1991 - )
No abstract provided.
