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Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros 2022 The American University in Cairo AUC

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …


Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate 2022 St. Mary's University School of Law

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.


A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal 2022 Baylor University

A Pandemic Of Separation Of Powers Violations In Texas: The Interrelationship Of The Texas Disaster Act And Texas Gov’T Code Section 22.0035, Ron Beal

St. Mary's Law Journal

This Article is on the interrelationship of the Texas Disaster Act and Texas Government Code Section 22.0035. The author demonstrates that the Governor of Texas and the Texas Supreme Court have grossly violated the separation of powers on a continuing basis since March 29, 2020 by Governor Abbott issuing Executive Order 13, which prohibits the granting of bail to anyone awaiting trial, and the Texas Supreme Court’s unwillingness to invalidate that order administratively or judicially. Finally, the Article addresses the nearly one thousand district and county court judges who are constantly violating the separations of powers by failing to invalidate …


Foreword: The Role Of The “Victim” In The Criminal Legal System, Kate Mogulescu 2022 Brooklyn Law School

Foreword: The Role Of The “Victim” In The Criminal Legal System, Kate Mogulescu

Brooklyn Law Review

On September 24, 2021, the Brooklyn Law Review brought together scholars looking at the role of the “victim” in the criminal legal system. Of consideration were the following questions: Who is labeled a victim and how does that impact outcomes and process? Where does the issue of victimization emerge, how is it received and what should the system’s response be? Who gets a voice? And when? Does the existing victim-offender binary further exacerbate a criminal legal system build on misogyny, xenophobia, and white supremacy? The series of articles and essays that make up this issue reflect the symposium’s multidimensional discussion …


Should Victims’ Views Influence Prosecutors’ Decisions?, Bruce A. Green, Brandon P. Ruben 2022 Brooklyn Law School

Should Victims’ Views Influence Prosecutors’ Decisions?, Bruce A. Green, Brandon P. Ruben

Brooklyn Law Review

This article seeks to promote a conversation about how prosecutors, particularly in misdemeanor cases with identifiable victims, should take account of what victims want, including what they regard as the just result. The criminal law assumes that victims want retribution, which means incarcerating offenders, and prosecutors’ offices largely accept that premise. We argue that in a process that generally is weighted toward punishment and excessive use of state power, prosecutors should ascertain victims’ actual views and take them into account as a counterweight. That is, when prosecutors would otherwise pursue a misdemeanor prosecution, they should generally defer to victims’ informed …


The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe 2022 Brooklyn Law School

The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe

Brooklyn Law Review

Victimization makes people more likely to harm others, and vice versa. In short, “hurt people hurt people.” This victim/offender overlap is especially pronounced in sexual and violent offenses. Unfortunately, the criminal law continues to imagine victims and offenders in two different and mutually exclusive categories, each rigidly defined and morally laden. I first encountered this phenomenon while representing teenagers termed “crossover youth” due to their being both in the foster care system and the juvenile criminal system, and was surprised to find so little on this topic in the criminal law literature. Beginning to fill this gap is an important …


Down And Dirty: Remedies And Reparations For Intersected Environmental And Reproductive Justice, Mickaela J. Fouad 2022 Brooklyn Law School

Down And Dirty: Remedies And Reparations For Intersected Environmental And Reproductive Justice, Mickaela J. Fouad

Brooklyn Law Review

Pollution is a rampant issue in the United States, ranging from smog-filled air to infertile soil to contaminated water. Yet despite the pervasive nature of pollution, its harms are not equally distributed amongst society. Black, Indigenous, People of Color (BIPOC) communities disproportionately bear the burden of pollution and consequently suffer more harms because of it. Many of the health consequences from pollution are reproductive in nature: proximity to pollution can compromise fertility, cause difficulty in carrying a pregnancy to term and result in birth defects, disabilities, and reproductive cancers. This note focuses on the reproductive consequences of pollution and relies …


Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave 2022 Brooklyn Law School

Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave

Brooklyn Law Review

The surprising thing about George Floyd is not that he was killed by the police. What is remarkable is that the officer who killed him was charged, convicted, and sentenced to more than twenty-two years in prison. This article examines the institutional mechanisms that support police violence against Black people. In the process, it illuminates the insidious ways in which state actors exploit structural social, economic, and health mistreatment to legitimize police violence. After exploring these issues, this article provides suggestions to reform our institutions in a manner that will bring about meaningful and lasting change.


Rotten Social Background And Mass Incarceration: Who Is A Victim?, Steven Zeidman 2022 Brooklyn Law School

Rotten Social Background And Mass Incarceration: Who Is A Victim?, Steven Zeidman

Brooklyn Law Review

Despite the theoretical right to be heard at different junctures in the criminal legal system, in practice, the right is unsecured for many accused and convicted of various offenses. Criminal defendants are rarely heard at trial, upon sentencing, or at parole board interviews to determine eligibility for release. Consequently, these individuals are not able to offer explanations for their behavior. This is particularly harmful given the role that “severe environmental deprivation” or, sometimes controversially referred to as “rotten social background,” plays in criminal behavior. Research now indicates that societal shortcomings, including a lack of healthcare, education, and employment opportunities, combined …


Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin 2022 Brooklyn Law School

Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin

Brooklyn Law Review

There is a lack of consistency in how courts interpret the use or placement of an apostrophe on “victim.” While this may seem like a minor grammatical or typological error, it has a tremendous effect on victim’s rights, as it virtually erases the victim due to the confusion over the ownership of said rights. This essay analyzes how the placement of the apostrophe, in cases dealing with subpoenas duces tecum, have led courts to interpret victim rights in multiple ways, but all with the same outcome—excluding the actual victim from consideration. This causes the actual victims, even when the court …


Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt 2022 Seattle Pacific University

Issues Of Right To Legal Counsel In Immigrant Removal Proceedings: Due Process Framework And Applicability, Cambria A. Judd Babbitt

Honors Projects

Immigration removal proceedings suffer from a lack of procedural due process protections for non-citizens facing deportation charges. This research examines constitutional due process framework, what it entails, and how it is to be fairly applied to non-citizens in the United States. Special attention is paid to ways the immigration court system is subject to unjust and biased procedures that make it difficult for immigrants to succeed in their removal cases. The main focus of this study is on the importance of direct legal representation in removal proceedings to support non-citizens and keep courts accountable for upholding the due process of …


A Mile Away, A World Apart: Life Expectancy Inequality In The United States, Scott A. Budow 2022 DePaul University

A Mile Away, A World Apart: Life Expectancy Inequality In The United States, Scott A. Budow

DePaul Journal for Social Justice

No abstract provided.


No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel 2022 DePaul University

No Justice, No Peace: The Need For A State Version Of § 1983 In Response To The Movement For Black Lives, Madison N. Heckel

DePaul Journal for Social Justice

No abstract provided.


Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery, Evette Ocasio 2022 DePaul University

Puerto Rico's Second-Class Statehood: The Impact Of Restricted Access To Federal Public Benefits Programs On Puerto Rico's Economic Recovery, Evette Ocasio

DePaul Journal for Social Justice

No abstract provided.


Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer 2022 DePaul University

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.


Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart 2022 DePaul University

Falling Through The Cracks: The American Indian Foster Care To Sexual Exploitation Pipeline And The Need For Expanded American Indian Community Services In Minnesota, Sadie Hart

DePaul Journal for Social Justice

No abstract provided.


Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell 2022 DePaul University

Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell

DePaul Journal for Social Justice

No abstract provided.


Letters To The Readers, Silpa Bulusu, Bridget Roddy 2022 DePaul University

Letters To The Readers, Silpa Bulusu, Bridget Roddy

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2022 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


And A Public Defender For All, Sara Mayeux 2022 Vanderbilt University Law School

And A Public Defender For All, Sara Mayeux

Vanderbilt Law School Faculty Publications

The Senate confirmation of Ketanji Brown Jackson to the Supreme Court last week means that she is soon to be the first Supreme Court justice with prior experience as a federal public defender. This is historic in its own right, though it is not quite as surprising on closer inspection, since the institution of the federal public defender — in its currently prevailing organizational particulars, anyway — dates back only to the 1970s. Still, given that several of the justices previously worked as federal prosecutors, Jackson’s confirmation injects a welcome measure of professional balance to the lineup. Moreover, Jackson can …


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