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Luz Estella Nagle, Youth Gangs and Transnational Organized Crime in Europe, 27 Int'l Enforcement L. Reporter 705 (2011)Clicking on the button will copy the full recommended citation.
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Michèle Alexandre, We Reap What We Sow: Using Post-Disaster Development Paradigms to Reverse Structural Determinist Frameworks and Empower Small Farmers in Mississippi and Haiti, 14 U. Pa. J.L. & Soc. Change 135 (2011)Clicking on the button will copy the full recommended citation.
The goal of this article is to extrapolate some key lessons from studying two pre-disaster structures that perpetuated environmental oppression and poverty as well as to develop post-development economic models in these disaster-stricken areas. Furthermore, the article considers the environmental movement as a vehicle for implementing the policies proposed. It also investigates how individuals within these deterministic structures can be empowered to overcome the structural realities that help perpetuate poverty and environmental oppression.
In so doing, this article borrows from Critical Race Theory’s notion of structural determinism to denounce the hierarchical structures promulgated by neutral rules in agricultural legislation and to further analyze the commonalities in the realities faced by farmers all over the world. It analyzes some structural and policy-based problems that have had detrimental effects on poor regions like Haiti and the Gulf Coast. Disasters like Katrina and the 2010 earthquake in Haiti exacerbate these problems and serve as reminders that these disparities need to be eradicated when implementing post-disaster development plans.
Consequently, this paper is divided into the following parts: Part I discusses the application of the structural determinist principle to the agricultural context in Mississippi and Haiti. Part II discusses the rural isolation discriminatory practices with regards to small farmers and the challenges faced by rural residents pre- and post-Katrina. Part III analyzes the challenges existing in Haiti pre-disaster. Part IV discusses the effects of American agricultural policies on small farmers domestically and abroad. Part V considers a model for post-disaster development that attempts to reverse the oppressive effects of current agricultural policies. Finally, Part VI explores the environmental movement’s potential for helping to implement post-disaster development plans.
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James W. Fox, Reconstructing Citizenship: African-American Discourse, the Public Sphere, and the Initial Implementations of the Fourteenth Amendment, in Infinite Hope and Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment (Elizabeth Reilly ed., University of Akron Press, 2011)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Child Soldiers and the Duty of Nations to Protect Children from Participation in Armed Conflict, 19 Cardozo Journal of International and Comparative Law 1 (2011)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Persuasions and Exhortations: Acknowledging Internet Governance and Human Dignity for All, 38 Syracuse J. Int'l L. & Com. 227 (2011)Clicking on the button will copy the full recommended citation.
The title of the article sums up the author’s desire to communicate and advocate on the importance of Internet governance. Internet governance is concerned with the laws and regulations related to the management of the Domain Name System (DNS), all Top Level Domains (TLDs), the Internet’s Root Zone, and other related subjects. The article provides background information on the subject before considering its importance to freedom of expression, corporate responsibility abroad, state responsibility and the rule of law under international law. The subject stands to identify Internet operations and the forces that manage those operations. The Internet, an Information and Communication Technology (ICT), has created a juncture that potentially equalizes governments, businesses, and civil society at the discussion table. The first part of the article considers that if Internet governance is to be understood, then it must be explored and studied by all academics in the legal field. The second part of the article presents a tribute to the efforts of those individuals that have participated on the common goal to discuss and discover international internet management standards that would be influential in the promotion of democracy, education, and ultimately human development.
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Roberta Flowers, Witness Preparation, Regulating the Profession’s Dirty Little Secret, 38 Hastings Const. L.Q. 1007 (2011)Clicking on the button will copy the full recommended citation.
Witness preparation is considered by most criminal attorneys to be an essential part of trial advocacy. This paper addresses the ethical restraints on this common practice. It looks at whether the ABA Model Rules of Professional Conduct and/or the proposed ABA Criminal Justice Standards give sufficient regulation and guidance. It then suggests several factual scenarios where the current standards and rules give very little guidance. This paper suggests that the American Bar Association’s Criminal Justice Standards should include guidelines that direct the criminal attorney to avoid conduct that may not be intended to influence the witness to testify falsely, but which by its nature may have the potential to create false testimony. Additionally, the standard should contain a list of attorney conduct that could unintentionally produce false testimony. Finally, this paper proposes two standards that might provide some guidance in this important area of trial preparation that is routinely practiced, hidden from view, and many times difficult to expose.
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Ellen S. Podgor, Introduction – Corporate Criminal Liability, 41 Stetson L. Rev. 1 (2011)Clicking on the button will copy the full recommended citation.
This is the Introduction to Stetson University's College of Law Symposium Issue on Corporate Criminal Liability. The papers from this symposium came from a discussion forum held as part of the Southeastern Association of Law Schools (SEALS) conference. This Introduction provides an overview of corporate criminal liability and also a roadmap of the papers that are part of this volume.
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Ellen S. Podgor, Foreward – Overcriminalization 2.0: Developing Consensus Solutions, 7 J.L. Econ. & Pol'y 565 (2011)Clicking on the button will copy the full recommended citation.
This is the Introduction to the Symposium issue of the Journal of Law, Economics and Policy on Overcriminalization 2.0. This introduction sets the stage of the overcriminalization movement and provides a roadmap of the papers in this volume.
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Royal C. Gardner, The Ramsar Convention, in Wetlands - Integrating Multidisciplinary Concepts (Ben A. LePage ed., Springer, 2011)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, 100 Years of White Collar Crime in “Twitter”, 30 Rev. Litig. 534 (2011)Clicking on the button will copy the full recommended citation.
Despite the fact that Twitter did not exist when the term “white collar crime” was coined in 1939, it is an interesting exercise to highlight the last 100 years of white collar criminal activity using “tweets.” In so doing, this Essay tries to capture some of the key events that have been prominent in the white collar world.
This Essay first examines corporate criminal liability, looks next at individual liability, and then discusses key statutes and crimes that have been used in the prosecution of white collar criminal activity. In this regard, mail fraud, RICO, and perjury are examined. Sentencing issues and how they have influenced the treatment of white collar crime are tweeted. The ultimate goal of this fictional presentation is to demonstrate a historical overview of white collar crime happenings and is so doing evaluate its progression over time.