Indiana international and comparative law review最新文献

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Judicial Corporal Punishment in the United States? Lessons from Islamic Criminal Law for Curing the Ills of Mass Incarceration 美国的司法体罚?伊斯兰刑法对解决大规模监禁弊病的启示
Indiana international and comparative law review Pub Date : 2016-01-25 DOI: 10.18060/7909.0032
M. Arafa, Jonathan G. Burns
{"title":"Judicial Corporal Punishment in the United States? Lessons from Islamic Criminal Law for Curing the Ills of Mass Incarceration","authors":"M. Arafa, Jonathan G. Burns","doi":"10.18060/7909.0032","DOIUrl":"https://doi.org/10.18060/7909.0032","url":null,"abstract":"At year-end 2012, approximately 2,312,300 individuals were incarcerated in United States jails and prisons nationwide. To visualize this, consider almost all of Chicago, half of Ireland, or the whole of Jamaica bounded on all sides by prison walls. This number, however large, represents only adult individuals who are in physical custody; it does not include juveniles and those adults who are in the system, but not in prison or jail. The entire adult correctional population (consisting of individuals on probation, parole, or in prison or jail) consists of 6.94 million people, equivalent to about 1 in 35 U.S. adults or 2.9 percent of the entire adult population in the United States.Unsurprisingly, these numbers represent the highest incarceration rate in the world. At 716 incarcerated individuals per 100,000 citizens, our total population of prisoners eclipses all others — including China, Russia, and Cuba.To put it mildly, the cost of housing, feeding, clothing, supervising, providing medical care for, and otherwise maintaining these individuals is not cheap. At the federal level, annual prison budgets have recently exceeded $6.5 billion; and the annual cost-per-inmate ranges from $21,006 for minimum-security offenders to $33,930 for high security offenders. At the state level, annual spending on corrections by the individual states stands near $52 billion in total, the bulk of which goes to expenditures for state prisons. And to further compound the problem, individuals who have entered the incarceration system, served their time, and been released have essentially a coin flip’s chance of entering the system again. The scope of analysis here is limited to policy, not practice. That is, the methods by which judicial corporal punishment are carried out are not intricately probed, except where necessary. Moreover, a full-scale recommendation for overhauling the criminal code and/or sentencing guidelines of a given jurisdiction by implementing judicial corporal punishment is beyond this Article’s scope. Rather, the study seeks to provide taxpayers and policymakers with information about the objective policy behind judicial corporal punishment and how it could help significantly reduce the huge economic and social costs which incarceration levies on American society.Accordingly, Part II examines the five universal purposes of punishment and offers a working definition of judicial corporal punishment. This follows with a comparative analysis of judicial corporal punishment under the U.S. and Islamic legal systems. Here, the authors conclude that, while judicial corporal punishment has de facto been eliminated in the United States, it is not necessarily forbidden under the Eighth Amendment of the U.S. Constitution. Part III, in turn, examines the drawbacks of judicial corporal punishment as implemented under Islamic criminal law. The authors here suggest that, despite its limitations, judicial corporal punishment as implemented in Islamic criminal law i","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114237797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Infringing on Investment: How One Company is Using Investment Protections of NAFTA to Save its Intellectual Property 侵犯投资:一家公司如何利用北美自由贸易协定的投资保护来保护其知识产权
Indiana international and comparative law review Pub Date : 2015-11-09 DOI: 10.18060/7909.0031
J. Rabe
{"title":"Infringing on Investment: How One Company is Using Investment Protections of NAFTA to Save its Intellectual Property","authors":"J. Rabe","doi":"10.18060/7909.0031","DOIUrl":"https://doi.org/10.18060/7909.0031","url":null,"abstract":"In 1994, twenty years ago, the United States, Canada, and Mexico signed the North American Free Trade Agreement (“NAFTA”) into law.1 It had a number of goals, including the intent “to eliminate barriers of trade and investment between the United States, Canada and Mexico.”2 NAFTA has a number of provisions to achieve its goals, including decreasing the tariff between the three countries in order to increase trade.3 The decreasing tariff was intended to lower trade barriers with the hope of making consumer products cheaper.4 With respect to a number of consumer products, this hope was made into a reality.5 Importation from Mexican and Canadian factories without trade barriers made a number of goods, including automobiles, electronics, and clothing, cheaper in the United States.6 However, there is one area of consumer products that did not achieve the hoped for price decline in the United States: the prescription drug industry. There is a long-held belief in the United States that prescription drugs are made available at cheaper prices in countries such as Canada because of the availability of generic drugs.7 While this may not always be true in the cases of some prescription drugs,8 there is a basis for this claim.9","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128867905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Can the Common Core Counter Educational Inequity?: International Legal Lessons on Closing the Achievement Gap 共同核心能对抗教育不平等吗?:关于缩小成就差距的国际法律经验
Indiana international and comparative law review Pub Date : 2015-11-09 DOI: 10.18060/7909.0029
K. Frye
{"title":"Can the Common Core Counter Educational Inequity?: International Legal Lessons on Closing the Achievement Gap","authors":"K. Frye","doi":"10.18060/7909.0029","DOIUrl":"https://doi.org/10.18060/7909.0029","url":null,"abstract":"Thirty years have passed since the Reagan Administration’s release of the Report to the Nation.2 Yet, despite its depiction of the status of the American educational system, it came as a shock to many when the 2009 Program for International Student Assessment (PISA) reaffirmed our “rising tide of mediocrity.”3 For the 2009 PISA, “the United States perform[ed] around the average in reading (rank 14) and science (rank 17) and below the average in mathematics (rank 25)” out of the thirty-four Organisation for Economic Co-operation and Development (OECD) countries.4 The 2012 PISA results worsened as U.S. rankings fell to seventeenth in reading, twenty-first in science, and twenty-sixth in","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133146329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Second Tier: Japan's Stagnation in the Fight Against Sex Trafficking 第二层:日本在打击性交易方面停滞不前
Indiana international and comparative law review Pub Date : 2015-11-09 DOI: 10.18060/7909.0030
Ellen M. Queen
{"title":"The Second Tier: Japan's Stagnation in the Fight Against Sex Trafficking","authors":"Ellen M. Queen","doi":"10.18060/7909.0030","DOIUrl":"https://doi.org/10.18060/7909.0030","url":null,"abstract":"The practice of transnational human trafficking for any purpose, whether sex or labor, is at its heart a byproduct of the global market. With globalization came widespread corruption which, combined with capitalism, led to the growth of illicit markets.1 Thus, as globalization continues on its high-speed spread, human trafficking across borders is one of the fastest growing forms of transnational crime.2 It follows, then, that as international crime grows, international criminals gain more and more power. “The most striking impact of globalization is the transformation of the power structure among nation-states and non-state authorities—in other words, the decline of sovereign nation states” in favor of other parties such as transnational organized crime syndicates.3 There is also, by general extension of vast globalization, a wider global demand market that eager profiteers move to supply. In particular, the illicit market that treats women as goods. Organized criminal groups have participated in the trafficking business “because the capital needed to engage in this business is low, the chance of detection is limited, and one can conduct this business in most regions of the world with few obstacles.”4 It is particularly problematic that, due to low penalties and high monetary earnings, sex trafficking is, comparatively, a low-risk, high-profit business.5","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126377183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Impunity Rises from the Ashes?: The Extent of the Rome Statute's Jurisdiction in the Event of State Succession 灰烬中崛起的有罪不罚?:《罗马规约》在国家继承情况下的管辖权范围
Indiana international and comparative law review Pub Date : 2015-11-09 DOI: 10.18060/7909.0028
Paul Babcock
{"title":"Impunity Rises from the Ashes?: The Extent of the Rome Statute's Jurisdiction in the Event of State Succession","authors":"Paul Babcock","doi":"10.18060/7909.0028","DOIUrl":"https://doi.org/10.18060/7909.0028","url":null,"abstract":"The International Criminal Court’s (ICC) deterrence effect in situations of armed conflict extends only to the reach of its jurisdiction.1 State succession, which often involves massive human rights violations,2 casts doubt on the jurisdiction of the Court and the protection it offers because of questions regarding the continuity of treaty obligations, including those under the Rome Statute, formerly binding upon the predecessor State. This Note argues that customary international law supports the continued application of the Rome Statute in instances of State succession because the treaty articulates the necessary human rights and humanitarian law principles to fall under the customary international law rule for the continuation of human rights and humanitarian law treaties. Two basic types of international law exist: treaties and customary international law.3 Treaties arise out of express negotiations between State parties, resulting in certain rights and obligations to which the parties agree.4 Human rights and humanitarian treaties obligate State parties to protect individuals living under those treaties.5 Customary international law, on the other hand, arises not from express negotiations between sovereign States,6 but rather from the practice of nations followed out of a sense of legal obligation.7 However, customary international law—as with the law of treaties—imposes human rights and humanitarian obligations","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132132555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
What is an International Post-Belligerent Administration? 什么是战后国际行政?
Indiana international and comparative law review Pub Date : 2015-11-09 DOI: 10.18060/7909.0033
Emmanuel Vianès
{"title":"What is an International Post-Belligerent Administration?","authors":"Emmanuel Vianès","doi":"10.18060/7909.0033","DOIUrl":"https://doi.org/10.18060/7909.0033","url":null,"abstract":"Academic experts use many approximate terms to describe the whole framework of territorial administrations, relying on the resurgence of old concepts such as “international protectorate” or “colonial rule,” associated with the idea of an international trusteeship (international authority).1 To refer to the subsequent practice, the terms of “benevolent autocracy”2 and “humanitarian occupation”3 are used frivolously. For specialists looking for “heritage” of territorial administrations, the neo-colonial context could be explained by the fact that “[c]olonialism lasted long enough to destroy the preexisting social and political institutions, but not long enough to put anything solid and lasting in their place.”4 Some others even justify a form of neo-imperialism to maintain international order: Those who imagine a world beyond empire imagine rightly, but they have not seen how prostrate societies actually are when nation-building fails, when civil war has torn them apart. Then and only then is there a case for temporary imperial rule, to provide the force and will necessary to bring order out of chaos.5","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115417146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Gift of Life: Can the Organ Procurement Philosophies from Spain and Iran Help Eliminate the Organ Shortage in the United States? 生命的礼物:来自西班牙和伊朗的器官采购理念能否帮助消除美国的器官短缺?
Indiana international and comparative law review Pub Date : 2015-09-15 DOI: 10.18060/7909.0024
Emily Steeb
{"title":"The Gift of Life: Can the Organ Procurement Philosophies from Spain and Iran Help Eliminate the Organ Shortage in the United States?","authors":"Emily Steeb","doi":"10.18060/7909.0024","DOIUrl":"https://doi.org/10.18060/7909.0024","url":null,"abstract":"Drake was only four years old when tragedy struck.2 After an unfortunate accident following a day in the pool with his family, he was rushed to the hospital for emergency care.3 Five days later, Drake’s parents and siblings received his grave prognosis.4 Their son and brother’s “fate had been determined[, so his family] worked to help someone else’s fate.”5 Being healthcare providers themselves, and understanding the importance of doing so, Drake’s parents immediately opted to gift his organs.6 Drake ultimately gave the gift of life to two individuals who had been undergoing dialysis while patiently awaiting kidneys; one of the recipients was a father of four, much like Drake’s own father.7 His parents later reflected that, in the face of this untimely heartbreak, they had to decide how they would handle the situation: “We decided to allow our tragedy to be someone else’s miracle.”8 But not everyone makes this decision when given the opportunity. In fact, there are currently more than 121,000 patients on the transplant waiting lista number that grows daily.9 The men, women, and children on this list","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"266 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115237596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Europe's Common Foreign and Security Policy: Facing Crises in Ukraine and Syria 欧洲共同外交与安全政策:面对乌克兰和叙利亚危机
Indiana international and comparative law review Pub Date : 2015-09-15 DOI: 10.18060/7909.0020
Eric Engle, Tetiana Danyliuk
{"title":"Europe's Common Foreign and Security Policy: Facing Crises in Ukraine and Syria","authors":"Eric Engle, Tetiana Danyliuk","doi":"10.18060/7909.0020","DOIUrl":"https://doi.org/10.18060/7909.0020","url":null,"abstract":"This paper outlines the institutions which form and implement the Common Foreign and Security Policy of the European Union (EU CFSP) and examines the history of the EU CFSP. Descriptively, it explains the increasing cohesion of the CFSP as a reaction to past failures. Prescriptively, it recommends ways in which the CFSP can focus European will to attain desirable objectives of peace, prosperity, and protection of human rights. It compares the current conflict in Syria to the past failure of the EU to manage a similar conflict in Yugoslavia. It argues that the EU is contributing to the resolution of conflicts in Ukraine but it is unlikely that the EU can contribute to the peaceful transition of power in Syria as mediator between the U.S. and Russia or Assad and Rebels. Unlike Ukraine, paralysis, incapacity, and disintegration of the failing state are likely outcomes in Syria. EU CFSP institutions and instruments are well considered and consensusoriented but are slow and even indecisive in consequence. The crisis in Ukraine will likely focus the political will of European elites to attain decisive, coherent foreign policies adapted to the challenges presented in Ukraine and Syria. The death of Syria and the agony of Ukraine are bad for business and even worse for peace and human rights. The EU has suasive and dissuasive soft-power mechanisms (education, sanctions), and NATO has hard power instruments (soldiers, aircraft). In concert with EU trading partners a resolution of these crises will be found but the cost in blood and lost business is yet to be accounted for. http://dx.doi.org/10.18060/7909.002","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115151713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Voter Photo ID Laws: Using Primary Source Election Turnout Data and Foreign Examples to Identify the Proper Mechanisms for Implementation 选民带照片的身份证件法:利用主要来源的选举投票率数据和国外的例子来确定适当的实施机制
Indiana international and comparative law review Pub Date : 2015-09-15 DOI: 10.18060/7909.0025
Mallory Wilson
{"title":"Voter Photo ID Laws: Using Primary Source Election Turnout Data and Foreign Examples to Identify the Proper Mechanisms for Implementation","authors":"Mallory Wilson","doi":"10.18060/7909.0025","DOIUrl":"https://doi.org/10.18060/7909.0025","url":null,"abstract":"The United States Constitution authorizes Congress to establish the time and manner for electing Senators and Representatives,1 “[b]ut States have broad powers to determine the conditions under which the right of suffrage may be exercised.”2 Specifically, “[e]ach State has the power to prescribe the qualifications of its officers and the manner in which they shall be chosen.”3 Further, “the Tenth Amendment reserves to the States all powers not specifically granted to the Federal Government, including ‘the power to regulate elections.’”4 It then follows that these principles allow states to decide whether to implement laws requiring voters to show identification when they vote. The leading case in this area is Crawford v. Marion County Board of Elections.5 In this case, the United States Supreme Court upheld Indiana’s voter photo ID law.6 By upholding the law, the Supreme Court made the concept of voter photo ID laws constitutionally permissible.7 While the concept of the voter photo ID laws has been validated, many of these laws continue to be challenged based on the mechanisms by which they are implemented. In a republican system of government, the only way the people can trust their government and the laws enacted by it is to have confidence that public officials were properly elected. Enacted laws that verify the identity of a voter provide one of the strongest ways to ensure only eligible citizens vote and vote only once. Data on in-person voter fraud is sparse because this type of fraud is easy to commit but difficult to spot.8 However, a study by the non-","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127732580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The U.N. Convention on the Rights of Persons with Disabilities (CRPD): Some Observations on U.S. Participation 《联合国残疾人权利公约》(CRPD):对美国参与的一些看法
Indiana international and comparative law review Pub Date : 2015-09-15 DOI: 10.18060/7909.0021
T. Grant
{"title":"The U.N. Convention on the Rights of Persons with Disabilities (CRPD): Some Observations on U.S. Participation","authors":"T. Grant","doi":"10.18060/7909.0021","DOIUrl":"https://doi.org/10.18060/7909.0021","url":null,"abstract":"The U.N. Convention on the Rights of Persons with Disabilities (CRPD) is an international instrument springing, inter alia, from the recognition that “discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person.”1 The text of the Convention resulted from a number of years of drafting work and input from States and non-governmental organizations.2 The text was adopted by consensus in the General Assembly on December 13, 2006.3 The Convention entered into force in accordance with Article 45, paragraph 1, upon receipt by the depository of the twentieth ratification on May 3, 2008.4 The United States, though it did not participate as a member of the Ad Hoc Committee in drafting the Convention, sent an observer and furnished substantial input during the Committee’s proceedings.5 The United States joined the consensus in the General Assembly6 and on July 30, 2009 signed the Convention.7 On May 17, 2012, the President of the United States","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129220636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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