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2018 Symposium Lecture: #Metoo And Procedural Justice, Lesley Wexler 2019 University of Richmond

2018 Symposium Lecture: #Metoo And Procedural Justice, Lesley Wexler

Richmond Public Interest Law Review

No abstract provided.


2018 Symposium Lecture: Working With Victims In The Era Of #Metoo, Megan Zwisohn 2019 University of Richmond

2018 Symposium Lecture: Working With Victims In The Era Of #Metoo, Megan Zwisohn

Richmond Public Interest Law Review

No abstract provided.


To The Survivors Of Childhood Sexual Abuse- Whenever You’Re Ready: Eliminating The Criminal Statute Of Limitations On Childhood Sexual Assault Crimes In Light Of Pennsylvania’S Catholic Dioceses Grand Jury Investigation, Rebecca Schultz 2019 University of Richmond

To The Survivors Of Childhood Sexual Abuse- Whenever You’Re Ready: Eliminating The Criminal Statute Of Limitations On Childhood Sexual Assault Crimes In Light Of Pennsylvania’S Catholic Dioceses Grand Jury Investigation, Rebecca Schultz

Richmond Public Interest Law Review

It is exceptionally difficult for many survivors of sexual assault to come forward to tell their story. This is particularly the case where the perpetrator is someone in a position of power who the survivor trusted. The statute of limitations for cases of childhood sexual abuse can serve as another barrier preventing survivors from coming forward because it prevents any semblance of justice for those individuals. This is currently most evident in states like Pennsylvania that still impose a statute of limitations on crimes of sexually assaulting children. Pennsylvania is reeling from its most recent Catholic clergy sex abuse scandal ...


System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi 2019 University of Richmond

System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi

Richmond Public Interest Law Review

The #MeToo Movement and the rise in the public consciousness of the impact of sexual violence has made abundantly clear that the legal rape reform movement that began in the 1970s was largely unsuccessful in stemming the tide of sexual violence. That movement was directed at the procedures in criminal justice system that make rape prosecutions easier for the state, but it failed to address the state’s role in enabling and perpetuating sexual violence. By failing to address those issues and by actively turning to carceral feminism, the state implemented a system in which sexual violence reporting remains low ...


Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller III 2019 Special Counsel's Office

Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller Iii

U.S. Department of Justice Publications and Materials

EXECUTIVE SUMMARY TO VOLUME I

RUSSIAN SOCIAL MEDIA CAMPAIGN

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation- a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Y evgeniy Prigozhin and companies he controlled. Pri ozhin is widel re orted to have ties to Russian President Vladimir Putin [redacted]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [redacted]

The IRA later used social ...


Occupational Licensing And The Limits Of Public Choice Theory, Gabriel Scheffler, Ryan Nunn 2019 University of Pennsylvania Law School, Yale Law School

Occupational Licensing And The Limits Of Public Choice Theory, Gabriel Scheffler, Ryan Nunn

Faculty Scholarship at Penn Law

Public choice theory has long been the dominant lens through which economists and other scholars have viewed occupational licensing. According to the public choice account, practitioners favor licensing because they want to reduce competition and drive up their own wages. This essay argues that the public choice account has been overstated, and that it ironically has served to distract from some of the most important harms of licensing, as well as from potential solutions. We emphasize three specific drawbacks of this account. First, it is more dismissive of legitimate threats to public health and safety than the research warrants. Second ...


Reputation As A Disciplinarian Of International Organizations, Kristina Daugirdas 2019 University of Michigan Law School

Reputation As A Disciplinarian Of International Organizations, Kristina Daugirdas

Articles

As a disciplinarian of international organizations, reputation has serious shortcomings. Even though international organizations have strong incentives to maintain a good reputation, reputational concerns will sometimes fail to spur preventive or corrective action. Organizations have multiple audiences, so efforts to preserve a “good” reputation may pull organizations in many different directions, and steps taken to preserve a good reputation will not always be salutary. Recent incidents of sexual violence by UN peacekeepers in the Central African Republic illustrate these points.


Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson 2019 University of Pennsylvania Law School

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized ...


States Empowering Plaintiff Cities, Eli Savit 2019 University of Michigan Law School

States Empowering Plaintiff Cities, Eli Savit

University of Michigan Journal of Law Reform

Across the country, cities are becoming major players in plaintiff’s-side litigation. With increasing frequency, cities, counties, and other municipalities are filing lawsuits to vindicate the public interest. Cities’ aggressive use of lawsuits, however, has been met with some skepticism from both scholars and states. At times, states have taken action—both legislative and via litigation—to preempt city-initiated suits.

This Article contends that states should welcome city-initiated public-interest lawsuits. Such litigation, this Article demonstrates, vindicates the principles of local control that cities exist to facilitate. What is more, a motivated plaintiff city can accomplish public-policy goals that are important ...


Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green 2019 Penn State Dickinson Law

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual ...


Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm McDermond 2019 Penn State Dickinson Law

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of ...


The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson 2019 Penn State Dickinson Law

The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson

Dickinson Law Review

On a daily basis, prosecutors decide whether and how to charge individuals for alleged criminal conduct. Although many prosecutors avoid abusing this authority, prosecutors’ discretionary decisions might result in biased enforcement, inappropriate leveraging of authority, and a lack of transparency. These problems also arise when agency enforcement officials decide whether to act on conduct that violates a legal prohibition.

An inherent tension between the desire to avoid overburdening the system and the need to prevent inconsistent decision-making exists in the exercises of both prosecutorial discretion and regulatory enforcement discretion. It is clear from the similarities between the two that administrative ...


Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia 2019 Penn State Dickinson Law

Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia

Dickinson Law Review

No abstract provided.


Property's Edges, David A. Dana, Nadav Shoked 2019 Northwestern University School of Law

Property's Edges, David A. Dana, Nadav Shoked

Boston College Law Review

Property law thinking normally assumes that the protection afforded an owner does not vary in intensity across the owned asset. Property rights’ legal potency can differ between different assets, but not within a given asset. This Article argues that this assumption is wrong—and that when lawmakers pretend that it is not, detrimental results ensue. This Article demonstrates that, in fact, property law distinguishes the edges of an asset from its core. For good normative reasons, the law recognizes much weaker ownership rights in the edges of an asset—the areas lying close to the private property boundary line—than ...


Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson 2019 Eastern Washington University

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal ...


Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson 2019 University of Pennsylvania Law School

Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson

Faculty Scholarship at Penn Law

In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering ...


In Memoriam: M. Cherif Bassiouni, Leonard Cavise 2019 DePaul University College of Law

In Memoriam: M. Cherif Bassiouni, Leonard Cavise

DePaul Journal for Social Justice

No abstract provided.


The The: The Definit(Iv)E Article On Idea, Mark C. Weber 2019 DePaul University College of Law

The The: The Definit(Iv)E Article On Idea, Mark C. Weber

DePaul Journal for Social Justice

No abstract provided.


The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh McManus 2019 DePaul University College of Law

The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh Mcmanus

DePaul Journal for Social Justice

In recent years, the Holy See has been called upon to address the systematic and epidemic clerical child sexual abuse that has affected children worldwide. However, in spite of the egregious human rights violations that have occurred under the auspices of the Vatican, the Holy See continues to prioritize protection of church’s reputation and impunity of the perpetrators. Policies such as priest shifting and interference with civil investigations have allowed sexual abuse of children to continue. Thus, the Holy See is not in compliance with its legal obligations under the Convention on the Rights of the Child to act ...


The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron 2019 Sargent Shriver National Center on Poverty Law

The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron

DePaul Journal for Social Justice

Some cities, such as Chicago, have power structures that allow hyperlocal control over the siting of affordable housing—and maintain racial segregation of residential housing as a result. Advocates can push for structural changes that can curb this power and reduce racial segregation. These changes include citywide comprehensive planning, racial equity impact assessments, an overhaul of the zoning process grounded in racial equity, and a comprehensive education campaign to address the city’s long history of segregation and the city’s duty to proactively address it.


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