The victims’ participation at a crossroads: How the International Criminal Court could devise a meaningful victims’ participation while respecting the rights of the defendant.
by Tonellato, Marianna
June 4, 2015
Source: (2012) European Journal of Crime, Criminal Law and Criminal Justice .20: 315-359. Hence, this paper has three objectives: to discuss and analyze victims’ participation purposes and goals, as without knowing why victims have standing rights it becomes equally uncertain what and...
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Transcending the criminal law’s “one size fits all” response to domestic violence.
by Brenner, Hannah
June 4, 2015
Source: (2013) William & Mary Journal of Women and the Law. 19: 301-351. This article takes a different approach to exploring the criminalization of domestic violence by transcending the pervasive either/or dichotomy that dominates the field. It builds on my previous body of work that...
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A critical analysis of the transitional justice measures incorporated by Rwandan Gacaca and their effectiveness.
by Herrmann, Judith
June 4, 2015
Source: (2012) James Cook University Law Review. 19:90-112. There is also suggestion that an effective form of reparations for genocide survivors would have assisted in meeting their basic needs and would have demonstrated recognition of victims, ultimately assisting the peace and...
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Squaring Indigenous Circles: The making of Nicaragua’s Indigenous communal property regime.
by Arraiza, Jose-Maria
June 4, 2015
Source: (2012) InternationalJournalonM inority and Group Rights. 19:69-103. International standards on indigenous peoples contain a theoretical promise of spatial empowerment and traditional governance as part of autonomy which in practice is not absent of conflict and human rights concerns....
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Mediation in the Catalan legal system: Special reference to its guiding principles.
by Garriga Arino, Fernando
June 4, 2015
Source: (2013) ILSA Journal of International & Comparative Law. 19(3):453-471. This article will analyze the coexistence of existing regulation and the current Catalan Law on Mediation in Private Matters (CLMPM) with the general mediation law currently contained in the Spanish Law on...
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Symbolic reparations and reconciliation: Lessons from South Africa.
by Naidu, Ereshnee
June 4, 2015
Source: (2012) Buffalo Human Rights Law Review. 19:251-271. This Article considers South Africa’s experience with one such reparative measure: memorialization. Under the broad banner of symbolic reparations, 4 memorialization has gained increased credibility as one of the many forms of...
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Reparations theory and practice then and now: Mau Mau redress litigation and the British High Court.
by Yamamoto, Eric K.
June 4, 2015
Source: (2013) UCLA Asian Pacific American Law Journal. 18:71-101. Claims to reparations for historic injustice mark the modern global landscape. Starting in the late 1980s, with the United States’ redress for 120,000 wrongly incarcerated American citizens and Japanese ancestry during...
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Navigating the range of public engagement approaches.
by Heierbacher, Sandy
June 4, 2015
Source: (2012) Dispute Resolution Magazine. 18(winter): 10-13. Techniques range from intimate, small-group dialogues to large televised forums involving hundreds or even thousands of participants. Evolving communication technologies are sometimes integrated into these programs to overcome...
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Access to Youth Justice in New Zealand: “The Very Good, the Good, the Bad and the Ugly.”
by Becroft, Andrew
June 4, 2015
Source: (2011) Auckland University Law Review. 18:23-35. This paper now turns to the question of whether New Zealand’s youth justice system is one that ensures access to justice for young people. It is also pertinent to examine whether the system is one that promotes access to justice...
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Empirical desert, individual prevention, and limiting retributivism: A reply.
by Robinson, Paul H.
June 4, 2015
Source: (2014) New Criminal Law Review. 17(2):312-375. A number of articles and empirical studies over the past decade suggest a relationship between the criminal law ‘ reputation for being just-its “moral credibility” -andit s ability to gain society’s deference and...
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What choice did Rwanda have?: Rebuilding a modern system after the genocide that maintained the traditional ideals of unity, resolution and reconciliation.
by Roach, Kaitlin M.
June 4, 2015
Source: (2014) Gonzaga Journal of International Law.17(2):1-19. Rwanda is demonstrating to the international community that it is a nation determined to overcome the stigma that comes with genocide, to unify its people, and to find a place on the international stage without completely...
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Northern Territory Indigenous community sentencing mechanisms: An order for substantive equality.
by Anthony, Thalia
June 4, 2015
Source: (2014) Australian Indigenous Law Review. 17(2):79-99. This article contends that two long-standing community sentencing mechanisms in Northern Territory Aboriginal communities give rise to substantive equality through providing a more appropriate setting to deliberate on the sentences...
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Partners or rivals in reconciliation? The ICTR and Rwanda’s Gacaca Courts.
by Nwoye, Leo C.
June 4, 2015
Source: (2014) San Diego International Law Journal. 16:119-208. A major question for post-conflict governments to consider is how best to shape reconciliation efforts. This Article examines two transitional justice mechanisms that were utilized in Rwanda’s post genocide era and assesses...
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Victim lawyers, victim advocates, and the adversarial criminal trial.
by Kirchengast, Tyrone
June 4, 2015
Source: (2013) New Criminal Law Review. 16(4):568-594. Adversarialproceedings in common law jurisdictions tend to exclude the victim of crime. Although victim impact statements provide some role for victims following conviction but before sentencing such statements may not influence the actual...
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No Payne, no gain?: Revisiting victim impact statements after twenty years in effect.
by Pitt, Damon
June 4, 2015
Source: (2012) Chapman Law Review. 16(2):475-500. Part I of this Comment revisits Booth and South Carolina v. Gathers,12 the Supreme Court decisions overruled by Payne, and draws particular attention to the conflicting philosophies among the Justices over the course of the three decisions. It...
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