The shifting politics of law in the recognition of customary court in Papua following the enactment of of Special Autonomy Act.
by Jamin, Mohammad
June 4, 2015
Source: (2014) US-China Law Review. 11:367-388. This research article discusses the historical development of the politics of law in the recognition of Papua customary court. It also discusses the motives of the Indonesian government’s politics of law in the recognition of customary...
Read More
Korean “Comfort Women” redress 2012 through the lens of U.S. civil and human rights reparatory justice experiences.
by Yamamoto, Eric K.
June 4, 2015
Source: (2012) Journal of Korean Law. 11: 123-149. In light of international scrutiny, what might be next steps toward redress for the Korean and other World War II Military Sex Slaves, in terms of strategic framing of their claims to reparatory justice? More particularly, viewed through a...
Read More
Reparations and reconciliation in East Asia as a hot issue of tort law in the 21st century: Case studies, legal issues, and theoretical framework.
by Yoshida, Kunihiko
June 4, 2015
Source: (2011) Journal of Korean Law. 11: 101-122. Reparations and reconciliation issues have been still marginalized in tort law in spite of their pragmatic and theoretical importance in East Asian legal scholarship. On the other hand, there are already many reparations lawsuits, especially...
Read More
Working through the past in Bosnia and Northern Ireland: Truth, reconciliation and the constraints of consociationalism.
by McGrattan, Cillian
June 4, 2015
Source: (2012) Journal on Ethnopolitics and Minority Issues in Europe. 11(4):103-126. Bosnia and Herzegovina and Northern Ireland represent difficult cases for theories of conflict resolution: the consociational structures of governance in each case reflect and, arguably, reproduce the...
Read More
The (political) pursuit of victim voice: (Comparative) obserbations on the Dutch draft on the Adviesrecht.
by Kool, Renee
June 4, 2015
Source: (2014) Utrecht Law Review. 10(4):86-99. In the past decades, many nations have taken measures to increase victim participation in their criminal justice systems. One of the main challenges for policymakers has been to determine to what extent crime victims should be included in...
Read More
The prospect of of establishing a truth-telling and reconciliation commission in Uganda.
by Apuuli, Kasaija Phillip
June 4, 2015
Source: (2013) US- China Law Review. 10: 596-619. While eulogising former President Apollo Milton Obote, President Museveni argued that the time had come to look for ways to bring genuine reconciliation in the country. Since then, in the context of ending the conflict in northern Uganda, calls...
Read More
Punishing recidivist offenders in New Zealand using three strikes legislation: Sound Policy or penal excess?
by Brookbanks, Warren J.
June 4, 2015
Source: (2012) US- China Law Review. 9:1-19. The article surveys the Three Strikes sentencing regime introduced in New Zealand in June 2010. Its existence was attributable to the peculiarities of an Mixed Member Proportional (MMP) electoral system which allows minor parties to punch above...
Read More
The criminal republic: Democratic breakdown as a cause of mass incarceration.
by Taslitz, Andrew E
June 4, 2015
Source: (2011) Ohio State Journal of Criminal Law. 9(1):133-193. First, more informed decisions will be better ones. That requires some deference to criminal justice experts. But encouraging such deference simultaneously requires better educating the public. “Teaching” is useless,...
Read More
Establishing a normative framework for evaluating diverse cases of transitional justice.
by Hansen, Thomas Obel
June 4, 2015
Source: (2013) International Studies Journal. 9(4):173-224. …I dwell on these four mechanisms of transitional justice. Section 2 examines transitional criminal trials; section 3 examines vetting processes; section 4 examines reparations; and in section 5 truth commissions are examined....
Read More
Mandatory shaming statutes and sensationalized shaming of sex buyers.
by Neville, Rebecca A.
June 4, 2015
Source: (2014) Journal of Law and Social Deviance. 8:1-82. This Article examines how past and current post-arrest shaming practices of sex buyers by law enforcement have proven to be ineffective. This Article analyzes both Pennsylvania’s and Georgia’s mandatory shaming provisions...
Read More
The TJ mainstreaming project: An evaluation of the Israeli Youth Act.
by Segev, Dana
June 4, 2015
Source: (2014) Arizona Summit law Review. 7: 527-538. This Article is a product of the mainstreaming project, which will enhance the project’s international reach by examining Israeli law. Specifically, this Article will evaluate the legal landscape of youth justice legislation in Israel...
Read More
International best practices in drug courts.
by Moore, Liz
June 4, 2015
Source: (2014) Arizona Summit law Review. 7: 481-505. Individuals who are addicted to drugs or alcohol require treatment in order to find long-term recovery, not the threat of punishment .. if we are serious about reducing substance abuse, crime and recidivism, and saving taxpayers money, then...
Read More
New wine in new bottles: The need to sketch a therapeutic jurisprudence “code” of proposed criminal processes and practices.
by Wexler, David B.
June 4, 2015
Source: (2014) Arizona Summit Law Review.7:463-479. Therapeutic jurisprudence (“TJ”) has sought to look at the law in a richer way by pondering the therapeutic and antitherapeutic impact of “legal landscapes” (legal rules and legal procedures) and of the...
Read More
Employing the “last best offer” approach in criminal settlement conferences: The therapeutic application of an arbitration technique in judicial mediation.
by Wexler, David B.
June 4, 2015
Source: (2013) Phoenix Law Review. 6:843-855. This Article’s suggestion grows from the idea of an indicated sentence. However, to stimulate in each conference participant more thoughtful consideration of the other participants’ positions, this Article proposes that in appropriate...
Read More
Therapeutic jurisprudence: Facilitating healing in crime victims.
by Balson, Jamie
June 4, 2015
Source: (2013) Phoenix Law Review. 6:1017-1038. Much of the distress experienced by victims in the criminal justice process relates to their failure to understand how the process works and why. If prosecutors and courts take the time necessary to make the victim fully aware of the process and...
Read More