Legislating for Restorative Justice
by Van Ness, Daniel W
June 4, 2015
Source: (1998) Regent University Law Review. 10:53. In their article on legislating for restorative justice, Daniel Van Ness and Pat Nolan begin with an overview of restorative justice theory and practice, the significance of restorative justice in relation to current criminal justice systems,...
Read More
Re-Thinking Access to Criminal Justice in Canada: A Critical Review of Needs and Responses
by Hughes, Patricia
June 4, 2015
Source: (2002) Windsor Review of Legal and Social Issues. 13(1). This paper provides a critical assessment of some current issues about access to justice in Canada, with a special focus on criminal justice. The paper identifies recent trends in the literature about criminal justice in Canada...
Read More
Signaling, Legitimacy, and Compliance: A Comment on Posner’s Law and Socia Norms and Criminal Law Policy
by Meares, Tracy L.
June 4, 2015
Source: (2002) University of Richmond Law Review. 36:407. One way to justify criminal law is in terms of the instrumental ends of deterrence. Hence, many scholars in the field have examined the kinds of criminal law policy that encourage compliance. Tracey Meares has, in particular, explored...
Read More
The Theology of the Practice of law. February 14, 2002,: Roundtable Discussion.
by Anonymous
June 4, 2015
Source: (2002) Mercer Law Review. 53: 1087. This article consists of the transcript of a discussion by a number of men and women from various academic and professional backgrounds and religious traditions. Their discussion revolves around a number of significant and interrelated topics: the...
Read More
Hard-Nosed Idealism and U.S. Human Rights Policy.
by Sloss, David
June 4, 2015
Source: (2002) Saint Louis University Law Journal. 46: 431. According to David Sloss, the history of foreign policy by the United States can be characterized as a pendulum swinging between the extremes of moralistic idealism and amoral “realpolitik.â€? In this context, Sloss...
Read More
Civil Rights in Navajo Common Law
by Zion, James W
June 4, 2015
Source: (2002) Kansas Law Review. 50: 523 In this paper, James Zion investigates the question whether there is a law of civil rights in Navajo common law. In the United States, the concept of civil rights is usually associated with the Bill of Rights and similar bills of rights. Some would...
Read More
Transformative Justice: Charting a Path to Reconciliation
by Daly, Erin
June 4, 2015
Source: (2002) International Legal Perspective. 12: 73. When nations move from oppressive and lawless regimes to democratic ones, they face myriad challenges. Perhaps the greatest challenge has to do with culture: if the values of the new government are to take root, the new leaders must also...
Read More
Extraordinary Evil, Ordinary Crime: A Framework for Understanding Transitional Justice.
by Aukerman, Miriam
June 4, 2015
Source: (2002) Harvard Human Rights Journal. 15: 39. According to Miriam Aukerman, the debate about the use of prosecutions in transitional justice has focused on the conditions that permit prosecuting those who commit human rights violations. That is, while some advocate the use of...
Read More
Directing Traffic at the Crossroads of Criminal Justice and Mental Health: Conditional Sentencing After the Judgement in Knoblauch.
by Roberts, Julian V
June 4, 2015
Source: (2002) Alberta Law Review. 39: 788. The issue of conditional sentencing in relation to mentally disordered offenders was recently addressed by the Supreme Court of Canada in R. v. Knoblauch. Conditional sentencing is a comparatively new option or alternative in sanctioning, the purpose...
Read More
Defining Political Crimes: A Case Study of the South African Truth and Reconciliation Commission.
by Bhargava, Anurima
June 4, 2015
Source: (2002) Columbia Law Review. 102:1304. In this paper, Anurima Bhargava examines the South African Truth and Reconciliation’s (TRC) practice of granting amnesty for injustices and abuses committed in the period of apartheid. Amnesty was to be granted in exchange for truth –...
Read More
The Dangers of Mediation in Domestic Violence Cases.
by Krieger, Sarah
June 4, 2015
Source: (2002) Cardozo Women’s Law Journal. 8: 235. Sarah Krieger points to the increasing use of alternative methods of dispute resolution in family law cases to promote efficient justice and to serve family relations better. For Krieger, as she argues in this essay, the trend in favor...
Read More
No Women at the Center: The Use of the Canadian Sentencing Circle in Domestic Violence Cases
by Goel, Rashmi
June 4, 2015
Source: (2000) Wisconsin Womens Law Journal. 15:293. For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context,...
Read More
An Observation and a Strange but True “Tale”: What Might the Historical Trials of Animals Tell Us About the Transformative Potential of Law in American Culture?
by Berman, Paul Schiff
June 4, 2015
Source: (2000) Hastings Law Journal. 52: 123. As Paul Berman notes, and many before him have observed, law and legal procedure are woven deeply into American self-identity and culture. Recently, some commentators have criticized what might be called America’s abiding legal faith. In...
Read More
Using Alternative Dispute Resolution to Respond to Indian Residential School Abuse.
by McGrath, Carla M
June 4, 2015
Source: (2000) Dispute Resolution in Law Studies Award Papers. Canadian Forum on Civil Justice. 20 February 2003. Roman Catholic, Anglican, and United Churches of Canada directed residential schools for aboriginal children from the 1840s to 1984. Funded by the federal government, the purpose...
Read More
Post Aparteid South Africa’s Democratic Transformation Process: Redress of the Past, Reconciliation and ‘Unity in Diversity’
by Henrard, Kristin
June 4, 2015
Source: (2001) Global Review of Ethnopolitics. 1(3): 18-38. Kristin Henrard notes that most of the discussion of reconciliation in post-apartheid South Africa focuses on the Truth and Reconciliation Commission (TRC). However, states Henrard, a good understanding of the issues of reconciliation...
Read More