The Juvenile Justice Law Reform Process in South Africa: Can a Children’s Rights Approach Carry the Day?
by Sloth-Nielsen, Julia
June 4, 2015
Source: (1999) Quinnipiac Law Review. 18:469. During the 1980s, under apartheid in South Africa, hundreds of children were detained without trial under the security legislation of the time. Eventually, following the end of apartheid, concern for such children gave impetus in the early 1990s to...
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Ending the Punitive Damage Debate
by Calnan, Alan
June 4, 2015
Source: (1995) DePaul Law Review. 45:101. Tort reform is a hotly debated topic in legal and political spheres in the United States in recent years. Of many aspects of tort reform being discussed, certainly one of the most intense debates has to do with the concept and invocation of punitive...
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Mediation: Did We Get it Wrong?
by Phillips, Barbara
June 4, 2015
Source: (1997) Willamette Law Review. 33: 649. Mediation is unique among dispute resolution alternatives: it focuses on addressing the full range of issues the parties bring to the process. If one’s paradigm is the adversarial model, then mediation’s strengths appear to be...
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Some Thoughts of Restoration, Reintegration, and Justice in the Transnational Context
by Sherman, Mark Andrew
June 4, 2015
Source: (2000) Fordham International Law Journal. 23: 1397 Mark Sherman notes that there has been significant discussion in recent years about transnational crime. Much of the discussion has been about the need for assistance and cooperation in transnational matters and the use of...
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Death, Taxes, and- Punishment? A Response to Braithwaite and Tonry
by Steiker, Carol S.
June 4, 2015
Source: (1999) UCLA Law Review. 46: 1793 In this essay Carol Steiker responds to two papers: one by John Braithwaite and one by Michael Tonry. The common theme in each that she addresses is their argument that criminal punishment, or at least certain manifestations of it, may well disappear or...
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Mediation in Nebraska: An Innovative Past, A Spirited Present and A Provocative Future.
by Kosier, Elizabeth R
June 4, 2015
Source: (1997) Creighton Law Review. 31: 183. Elizabeth Kosier states that there has been a quiet transformation occurring in Nebraska’s formal and informal systems of justice. Namely, Nebraska’s dispute resolution system, begun in 1992, has emerged as a respected and successful...
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Making Prisons Work
by Phelan, Lisa C
June 4, 2015
Source: (1997) Loyola of Los Angeles Law Review. 30:1789. Between 1980 and 1995 the prison population in California increased more than fivefold, according to Lisa Phelan. The financial cost alone to the state and taxpayers of California is enormous. Phelan claims that a high recidivism rate...
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Accountability for Human Rights Violations: A Comparison of Transitional Justice In East Germany and South Africa
by Kamali, Maryam
June 4, 2015
Source: (2001) Columbia Journal of Transnational Law. 40: 89. In the last ten years or more, a number of countries have experienced transformations from authoritarian regimes, characterized by oppression and violence, to democratic governments. Such transitions are often difficult and lengthy....
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Traveling Justice: Providing Court Based Pro Se Assistance to Limited Access Communities
by Rasnow, Tina L
June 4, 2015
Source: (2002) Fordham Urban Law Journal. 29: 1281. Certain recent surveys have found a distinct lack of public confidence in the court system. Lack of equal access to the justice system has significantly contributed to this decline in public trust. Barriers to access can result from...
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Community Conferences: Shame and Anger in Therapeutic Jurisprudence
by Scheff, Thomas J.
June 4, 2015
Source: (1998) Revista Juridica Universidad de Puerto Rico 67: 97. Despite the significant attention given to crime and public safety in Western societies, Thomas Scheff states that those societies have not made much progress in reducing crime and increasing public safety. Hence, in recent...
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Thoughts on the Morality of Effective Crime Policy.
by Dilulio, John J
June 4, 2015
Source: (1999) The American Journal of Jurisprudence. 44:67. In this paper, John DiIulio addresses not so much the question of the administration of prisons but the fundamental question about the morality of imprisonment itself. To deal with this question, he looks at characteristics of the...
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Appellate Court Scrutiny of Circle Sentencing
by Mcnamara, Luke
June 4, 2015
Source: (2000) The Manitoba Law Journal. 27:209. One of the most significant features of circle sentencing as developed in Canada in recent years is the central role of the judiciary. That is, in cooperation with First Nations communities, judges, rather than legislators or justice department...
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Trust and Law Abidingness: A Proactive Model of Social Regulation
by Tyler, Tom
June 4, 2015
Source: (2001) Boston University Law Review. 81:361. In this essay Tom Tyler explores the ways in which members of the public experience the social regulatory activities of the police and the courts. In particular he expresses concern for the relevant experiences of members of two minority...
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Widening the Circle: Adapting Traditional Indian Dispute Resolution to Implement Alternative Dispute Resolution and Restorative Justice in Modern Commuities
by Ulrich, Gretchen
June 4, 2015
Source: (1999) Hamline Journal of Public Law and Policy. 20:149. In this paper, Gretchen Ulrich explores the use of traditional Indian dispute resolution methods and the adaptation of some of these methods by non-native people under the umbrella of alternative dispute resolution (ADR)....
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Family Conferencing: A Success for Our Children
by Robinson, Steven D
June 4, 2015
Source: (2002) Juvenile and Family Court Journal. 53(4): 43-48. After arguing that child welfare and protection services are constantly changing and improving, the authors describe Miami’s Family Group Decision-Making Conferencing (FGDMC) project that evolved from Miami Model...
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