Autocorrect? A proposal to encourage voluntary restitution through the white-collar sentencing calculus.
by Faichney, Daniel
June 4, 2015
Source: (2014) The Journal of Criminal Law and Criminology. 104(2): 389-430. Restitution is a familiar tool. Court-ordered restitution is used widely in white-collar cases, and voluntary restitution also plays a background role, although published decisions rarely acknowledge and examine it....
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Child pornography and the restitution revolution.
by Lollar, Cortney E.
June 4, 2015
Source: (2013) The Journal of Criminal Law and Criminology. 103(2): 343-406. Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure...
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ADR and the court: Renewing our commitment to innovation.
by Macfarlane, Julie
June 4, 2015
Source: (2012) Marquette Law Review. 95:927-940. The traditional assumption of “one size fits all”-where that size was adjudication by third parties in a public space-has withered in the face of the growing diversity of conflict resolution practice, both private and public. Many...
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Capital punishment and the Marshall hypothesis: Reforming a broken system of punishment.
by Enekwa, C. Crystal
June 4, 2015
Source: (2013) Tennessee Law Review. 80:411-447. This Comment briefly addresses the lingering problems plaguing the death penalty in the United States and the need to reform the broken system of capital punishment. Based on the Marshall Hypothesis, it offers a potential approach to reform by...
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Teaching negotiation ethics.
by Hinshaw, Art
June 4, 2015
Source: (2014) Journal of Legal Educaiton.63:82-97. Restorative justice is forward-looking, concerned with meeting the needs of victims and reforming offenders while restoring balance to the community through dialogue.6 6 Thus, through the discussion the classroom community can be involved in...
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Family-driven justice.
by Arya, Neelum
June 4, 2015
Source: (2014) Arizona Law Review. 56(3):623-706. This Article reports the results of a qualitative research study identifying best practices for family engagement in the juvenile justice system. The typical system operates from the faulty premise that families cause their children’s...
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Making matters worse: The Safe Streets and Communities Act and ongoing crisis of Indigenous over-incarceration.
by Newell, Ryan
June 4, 2015
Source: (2013) Osgood Hall Law Journal. 51:199-249. The Safe Streets and Communities Act...
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Still seeking justice: The Marshall Inquiry narratives.
by McMillan, L. Jane
June 4, 2015
Source: (2014) UBC Law Review. 47(3):927- The aims of this study were: * To develop a picture of the impact of the Marshall Inquiry Recommendations; * Identify successes and challenges in recommendation implementation; * To bring into this picture the input, visions, and hopes of Mi’kmaw...
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Transitional justice accountability and memorialisation: The Yemeni children affair and the Indian residential schools.
by Amir, Ruth
June 4, 2015
Source: (2014) Israel Law Review. 47(1):3-26. This article outlines the building blocks of transitionalj ustice in democracies. Grounded in the premises of Historical Institutionalism, the article analyses the institutions and processes established and their effect on the outcomes. It offers a...
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State and tribal courts: Strategies for bridging the divide.
by Arnold, Aaron F
June 4, 2015
Source: (2012) Gonzaga Law Review. 47(3):801-838. To the court’s participants, nothing seems unusual about this innovative approach to justice. To them it makes perfect sense that state and tribal judges would join forces to deal with the community’s problems. And that is exactly...
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Geography and justice: Why prison location matters in US and international theories of criminal punishment.
by Koh Arrigg, Steven
June 4, 2015
Source: (2013) Vanderbilt Journal of Transnational Law. 46:1267-1320. This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures-the...
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Constraining targeting in noninternational armed conflicts: Safe conduct for combatants conducting informal dispute resolution.
by Margulies, Peter
June 4, 2015
Source: (2013) Vanderbilt Journal of Transnational Law. 46:1041-1077. This Article proceeds in four Parts. Part II discusses informal dispute resolution and notes the importance of informal dispute resolution in certain societies where third-party counterinsurgencies are ongoing.24 Part III...
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Feed me Seymour: The never-ending hunger of the criminal process for procedural rights and removing children from its shop of horrors.
by Metze, Patrick S.
June 4, 2015
Source: (2013) Texas Tech Law Review. 46:187-279. In preparation for participation in Professor Arnold Loewy’s Texas Tech University School of Law Annual Criminal Law Symposium, I was tasked with a specific query: Do (should) juveniles have more, less, the same, or different procedural...
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Seeking justice for male victims of sexual violence in armed conflict.
by Manivannan, Anjali
June 4, 2015
Source: (2014) NYU Journal of International Law and Politics.46:635-679.. In this Note, I will examine the significance and the necessity of addressing wartime sexual violence against men through transitional justice mechanisms, which have remained relatively unexplored in scholarship and...
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The problem with the duty to adjudicate: How mediations can promote international human rights.
by de Laubenfels, Chris
June 4, 2015
Source: (2014) NYU Journal of International Law and Politics.46:541-588. In this Note, I expose the potential drawbacks to considering adjudication as the only option for remedying human rights abuses. Furthermore, I discuss the use of mediations as an alternative or complement to...
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