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A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh 2010 Tel Aviv University

A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh

Yofi Tirosh

Legal regulation of surnames provides a fascinating venue for examining how women negotiate their interests of autonomy and of stable personhood vis a vis a patriarchal naming structure. This is a study of 25 years of adjudication of surnames and personal status at the European Court of Human Rights. It explores the intricate ways in which legal norms governing surnames (and their judicial interpretation) sustain, shape, and reify social institutions such as gender, family, and citizenship.

As a pan European court, the adjudication of the ECHR operates within the framework of human rights. The universal characteristics of human rights principles …


From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel 2010 National University of singapore

From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel

Siegfried Van Duffel

What are subjective rights? And what makes Will and Interest conceptions of rights into conceptions of rights? I argue that they originate in two very different natural rights theories which are, however, grounded in the same philosophical anthropology.


Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms 2010 Centre for International and Public Law, Australian National University

Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms

Fiona David

In Australia, three defendants in two cases have been charged and prosecuted for ‘slavery’ or ’trafficking in persons’ under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of ‘labour trafficking’, even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.


Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms 2010 Centre for International and Public Law, Australian National University

Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms

Fiona David

No abstract provided.


Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms 2010 Centre for International and Public Law, Australian National University

Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms

Fiona David

At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.


Forensic Science Evidence And Judicial Bias In Criminal Cases, Hon. Donald E. Shelton 2010 Eastern Michigan University

Forensic Science Evidence And Judicial Bias In Criminal Cases, Hon. Donald E. Shelton

Hon. Donald E. Shelton

Although DNA exonerations and the NAS report have raised serious questions about the validity of many traditional non-DNA forms of forensic science evidence, criminal court judges continue to admit virtually all prosecution-proferred expert testimony. It is is suggested that this is the result of a systemic pro-prosecution bias by judges that is reflected in admissibility decisions. These "attitudinal blinders" are especially prevalent in state criminal trial and appellate courts.


China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson 2010 SelectedWorks

China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.


International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson 2010 SelectedWorks

International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.


Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson 2010 SelectedWorks

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.


Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson 2010 SelectedWorks

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.


Libertad De Expresión Y Campañas Negativas, benjamin (benny) temkin, rodrigo salazar elena 2010 FLACSO Mexico

Libertad De Expresión Y Campañas Negativas, Benjamin (Benny) Temkin, Rodrigo Salazar Elena

benjamin (benny) temkin

El presente artículo aborda los aspectos de la reciente reforma electoral relacionados con las limitaciones a la emisión de mensajes políticos negativos. Contra la visión dominante en la materia, se examinan las razones a favor de estas limitaciones para mostrar que en el debate suelen omitirse los efectos benéficos que los mensajes negativos podrían tener sobre el funcionamiento de la democracia y, por el otro lado, se plantea que los efectos nocivos que se les imputan suelen ser sobreestimados. Tras este examen, se concluye con unas breves recomendaciones para la aplicación de esta legislación.


Cost-Benefit Analysis Of Reducing Crime Through Electronic Monitoring Of Parolees And Probationers, Stuart S. Yeh 2010 University of Minnesota-Twin Cities

Cost-Benefit Analysis Of Reducing Crime Through Electronic Monitoring Of Parolees And Probationers, Stuart S. Yeh

Stuart S Yeh

Objective: The objective of this study was to estimate the benefits and costs of using electronic monitoring (EM) and home detention to reduce crime committed by parolees and probationers. Method: Data from a national survey of state prison inmates was adjusted and used to estimate the number of crimes that would have been committed by all parolees and probationers over the course of one year in the absence of EM and home detention. The data were analyzed in combination with existing analyses of the effectiveness and costs of EM and home detention and the economic costs of crime to estimate …


Snitching, Lies, And Computer Crashes: An Experimental Investigation Of Secondary Confessions, Jessica K. Swanner, Denise Beike, Alexander T. Cole 2010 Iowa State University

Snitching, Lies, And Computer Crashes: An Experimental Investigation Of Secondary Confessions, Jessica K. Swanner, Denise Beike, Alexander T. Cole

Jessica K Swanner

Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the …


Incentives Increase The Rate Of False But Not True Secondary Confessions From Informants With An Allegiance To A Suspect, Jessica K. Swanner, Denise Beike 2010 Iowa State University

Incentives Increase The Rate Of False But Not True Secondary Confessions From Informants With An Allegiance To A Suspect, Jessica K. Swanner, Denise Beike

Jessica K Swanner

One hundred ninety-two students participated in an experimental simulation testing whether incentives would reduce the reluctance of informants to implicate a close other. Half of the students were made to feel interpersonally close to a confederate who either admitted to or denied a misdeed. All students were interrogated and encouraged to sign a secondary confession stating that the confederate had confessed to the misdeed; half were offered an incentive to do so. Contrary to expectations, closeness did not induce reluctance. Instead, the offer of incentive increased the number of participants willing to sign a secondary confession implicating a close other. …


Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard 2010 University of Maryland School of Law

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Faculty Scholarship

This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.


Social Disorganization And The Spatial Distribution Of Homicides In El Paso, Nicholas Andrew Emerick 2010 University of Texas at El Paso

Social Disorganization And The Spatial Distribution Of Homicides In El Paso, Nicholas Andrew Emerick

Open Access Theses & Dissertations

Recent research on social disorganization theory shows general support for economic and stability measures of disorganization, but spatial dispersions and the disaggregation of homicides of crime have not been fully examined. 1985-1995 homicide data from the El Paso Police Department's detective logs and US Census data are combined to explore social disorganization in El Paso, the impact of ports of entry, and how motive interacts with social disorganization. Findings for total homicides in El Paso support existing social disorganization research. Motive specific homicides displayed distinct relationships to the disorganization measures. The concentrations of homicides near ports of entry can be …


Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute 2010 Portland State University

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

  • Updates on ongoing Criminal Justice Policy Research Institute studies
  • New research getting underway
  • Latest awards and distinctions
  • Publications


Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz 2010 University of Nevada, Las Vegas

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Publications

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …


"The Urban Praetor's Tribunal" In Spaces Of Justice In The Roman World, Eric Kondratieff 2010 Western Kentucky University

"The Urban Praetor's Tribunal" In Spaces Of Justice In The Roman World, Eric Kondratieff

History Faculty Publications

"Book abstract: Despite the crucial role played by both law and architecture in Roman culture, the Romans never developed a type of building that was specifically and exclusively reserved for the administration of justice: courthouses did not exist in Roman antiquity. The present volume addresses this paradox by investigating the spatial settings of Roman judicial practices from a variety of perspectives. Scholars of law, topography, architecture, political history, and literature concur in putting Roman judicature back into its concrete physical context, exploring how the exercise of law interacted with the environment in which it took place, and how the spaces …


The Insanity Defense: A Comparative Analysis, Kristin Neville 2010 Eastern Michigan University

The Insanity Defense: A Comparative Analysis, Kristin Neville

Senior Honors Theses and Projects

The topic of my thesis is the insanity defense. The insanity defense is a tactic that is rarely used and rarely successful. Generally states fall into three categories: Those who use the M'Naghten rule of law, those who use the American Law Institute (ALI) Model Penal Code, and those who have abolished the use of the insanity defense. This research compares states from each category to investigate whether or not the type of rule used affects the outcome. In order to determine whether these categories matter, the paper compares similar appellate felony case outcomes in New Jersey and North Carolina, …


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