George Washington Law Review最新文献_第3页

International Criminal Courts in Action: The ICTR's Effect on Death Penalty and Reconciliation in Rwanda 国际刑事法院在行动:卢旺达问题国际法庭对卢旺达死刑与和解的影响

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2015-03-02 DOI: 10.2139/SSRN.2640306

Sigall Horovitz

{"title":"International Criminal Courts in Action: The ICTR's Effect on Death Penalty and Reconciliation in Rwanda","authors":"Sigall Horovitz","doi":"10.2139/SSRN.2640306","DOIUrl":"https://doi.org/10.2139/SSRN.2640306","url":null,"abstract":"This article focuses on a major reform encouraged by the International Criminal Tribunal for Rwanda (ICTR) – the abolition of the death penalty in Rwanda. For a decade prior to this reform, Rwandan courts have been imposing the death penalty in genocide cases. Using a qualitative empirical research method, still uncommon in international legal studies, the article shows how the ICTR’s requirements influenced the abolition, and then considers the impact of the abolition on national reconciliation in Rwanda. The findings suggest that the abolition has contributed to reconciliation, including through re-humanizing perpetrators and their relatives, improving survivors’ perception of society, and inspiring both survivors and perpetrators to envision a shared future. This is quite remarkable considering that, during the debates on the ICTR’s establishment, Rwanda insisted that sentencing to death genocide perpetrators was necessary for post-conflict justice and reconciliation. The article thus sheds a new light on the relationship between international tribunals and national reconciliation. In particular, it suggests that international tribunals can advance national reconciliation (and thus attain one of their explicit goals) through encouraging domestic legal developments such as death penalty reforms. Moreover, by raising awareness to the abolition’s positive effects on interethnic relations in Rwanda, the article could inform debates about the future of capital punishment in other death penalty countries.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"6 1","pages":"505"},"PeriodicalIF":1.5,"publicationDate":"2015-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87534450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Lenient in Theory, Dumb in Fact: Prison, Speech, and Scrutiny 理论上宽容，实际上愚蠢:监狱，言论和审查

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2015-02-20 DOI: 10.2139/SSRN.2568132

D. M. Shapiro

{"title":"Lenient in Theory, Dumb in Fact: Prison, Speech, and Scrutiny","authors":"D. M. Shapiro","doi":"10.2139/SSRN.2568132","DOIUrl":"https://doi.org/10.2139/SSRN.2568132","url":null,"abstract":"The Supreme Court declared 30 years ago in Turner v. Safley that prisoners are not without constitutional rights: Any restriction on those rights must be justified by a reasonable relationship between the restriction at issue and a legitimate penological objective. In practice, however, the decision has given prisoners virtually no protection. Exercising their discretion under Turner, correctional officials have saddled prisoners’ expressive rights with a host of arbitrary restrictions — including prohibiting President Obama’s book as a national security threat; using hobby knives to excise Bible passages from letters; forbidding all non-religious publications; banning Ulysses, John Updike, Maimonides, case law, and cat pictures. At the same time, the courts have had no difficulty administering the Religious Land Use and Institutionalized Persons Act (RLUIPA), which gives prisons far less deference by extending strict scrutiny to free exercise claims by prisoners. Experience with the Turner standard demonstrates that it licenses capricious invasions of constitutional rights, and RLUIPA demonstrates that a heightened standard of review can protect prisoners’ expressive freedoms without compromising prison security. It is time for the Court to revisit Turner.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"84 1","pages":"972-1028"},"PeriodicalIF":1.5,"publicationDate":"2015-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68207283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Human rights and public interest litigation in East Africa: A bird’s eye view. 东非的人权与公益诉讼:鸟瞰。

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2015-01-05 DOI: 10.2139/SSRN.2606120

J. Oloka-Onyango

{"title":"Human rights and public interest litigation in East Africa: A bird’s eye view.","authors":"J. Oloka-Onyango","doi":"10.2139/SSRN.2606120","DOIUrl":"https://doi.org/10.2139/SSRN.2606120","url":null,"abstract":"Despite the growing use of public interest litigation (PIL) as a mechanism for pursuing the goals of social justice and enhanced democratic constitutionalism, there is scant comparative analysis of the phenomenon among the three East African countries of Kenya, Tanzania, and Uganda. In tandem with the regional East African Court of Justice (EACJ) to which all three countries are members, PIL is growing at a significant pace and has the potential to impact the structures of governance, accountability, and equality in the region. This Article analyzes the manner in which this type of litigation has grown, and assesses the extent to which it has affected socioeconomic and political conditions in the region. Using the analogy of cement and its unique properties, the examination is conducted against the backdrop of the constitutional developments that have taken place in East Africa over the last twenty years, starting with the promulgation of a new constitution for Uganda in 1995 (aging cement), considering the 2010 ‘transformative constitution’ in Kenya (setting cement), and engaging with the current debate over the introduction of a new constitutional instrument in Tanzania, where the cement is undergoing a ‘remixing.’ Does PIL offer a serious and sustainable antidote to the three countries’ experiences of authoritarian rule, judicial lethargy, and community marginalization?","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"10 1","pages":"763"},"PeriodicalIF":1.5,"publicationDate":"2015-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80460471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Crime and Punishment: Assessing Deterrence Theory in the Context of Somali Piracy 罪与罚:评估索马里海盗背景下的威慑理论

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2014-12-04 DOI: 10.31228/osf.io/ktdw5

Y. Dutton

引用次数: 3

Property and Political Community: Democracy, Oligarchy, and the Case of Ukraine 财产与政治共同体:民主、寡头政治与乌克兰案例

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2014-11-17 DOI: 10.2139/SSRN.2526308

M. Eppinger

引用次数: 7

Interactive Community Mapping : Improving Service Delivery and Empowering Communities 互动社区地图：改善服务提供和赋予社区权力

3区社会学

George Washington Law Review Pub Date : 2014-06-01 DOI: 10.1596/18937

Jennifer Shkabatur, Saki Kumagai

{"title":"Interactive Community Mapping : Improving Service Delivery and Empowering Communities","authors":"Jennifer Shkabatur, Saki Kumagai","doi":"10.1596/18937","DOIUrl":"https://doi.org/10.1596/18937","url":null,"abstract":"Mapping presents a compelling way ton demystify complex data and concepts into useful visualn information that most people can understand regardless ofn language, level of literacy, or culture. These maps can alson be shared instantaneously with the world via the Internet.n Interactive community mapping (ICM) is one method ofn information and communication technology (ICT)-enabledn participatory mapping. In the development context, ICM cann be a useful approach in helping community members, membersn of civil society organizations (CSOs), governments, andn development partners to better picture and assess the needsn and concerns of the mapped communities and adjustn development plans, activities, and policies accordingly.n This note is aimed at providing step-by-step guidance on then design and implementation of the ICM process to achieve ann evidence-based and increasingly participatoryn decision-making approach for development projects. Relyingn on good practice examples from Kenya and Tanzania, this noten seeks to provide a better understanding of how the potentialn benefits of ICM can be translated into tangible results. Then note outlines some of the available ICM technology,n delineate the enabling environment for ICM, and providen step-by-step guidance on how to effectively design andn implement ICM in projects.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"1 1","pages":"1-28"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147914099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Debugging Software's Schemas 调试软件架构

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2014-02-06 DOI: 10.2139/SSRN.2391848

K. Osenga

{"title":"Debugging Software's Schemas","authors":"K. Osenga","doi":"10.2139/SSRN.2391848","DOIUrl":"https://doi.org/10.2139/SSRN.2391848","url":null,"abstract":"In computer terminology, a schema is a model to describe structures for containing and processing data. A flawed schema in the computer world is a bug; the result may be unexpected behavior or even system shutdown. In cognitive theory, a schema is a structure or framework that helps organize and interpret information. Incorrect schema in this realm can lead to flawed decision making or understanding. These two worlds – computer science and cognitive science – have collided at the intersection of eligibility for patent protection of software and computer-related inventions; unfortunately, the resulting system is in dire need of debugging. The frameworks that are currently influencing decision making about software patents include the analysis that software patents are generally bad (the bad patent schema) and that software patent holders are problematic (the troll schema). These schemas have been created and maintained through various cognitive biases, resulting in flaws that are negatively impacting the conversation about patent eligibility for software and computer-related inventions. With awareness of these biases, it is possible to minimize the negative impact. But even if we are able to eliminate the biases, there exists an even bigger bug in the system: the framework underlying the discussions about software patents is incorrect. Although the primary question affecting the patent eligibility of these inventions is whether they are abstract ideas, the framework has very little, if anything, to do with that question. With an incorrect structure driving the discussion, reaching a correct result is unlikely.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"82 1","pages":"1832"},"PeriodicalIF":1.5,"publicationDate":"2014-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68171543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

WHAT MAKES LAWYERS HAPPY? TRANSCENDING THE ANECDOTES WITH DATA FROM 6200 LAWYERS 什么能让律师开心?用来自6200名律师的数据超越了轶事

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2014-01-01 DOI: 10.2139/ssrn.2398989

L. Krieger, Kennon M. Sheldon

{"title":"WHAT MAKES LAWYERS HAPPY? TRANSCENDING THE ANECDOTES WITH DATA FROM 6200 LAWYERS","authors":"L. Krieger, Kennon M. Sheldon","doi":"10.2139/ssrn.2398989","DOIUrl":"https://doi.org/10.2139/ssrn.2398989","url":null,"abstract":"Attorney well-being and depression are topics of ongoing concern, but there has been no theory-driven empirical research to guide lawyers and law students seeking well-being. The researchers gathered detailed data from several thousand lawyers in four states, to measure a variety of factors considered likely to impact lawyer well-being. These factors included choices and achievements in law school, legal career, and personal life, and psychological needs and motivations established by Self-Determination Theory. Results are standardized and organized into five tiers of well-being factors. They suggest that the priorities and values of law students, lawyers, law schools, and law firms are often misplaced, with apparent negative impacts on lawyer well-being and, by extension, performance, productivity, and professionalism. Factors typically afforded most attention and concern, those relating to prestige and finances (income, law school debt, class rank, law review, and USNWR law school ranking) showed zero to small correlations with lawyer well-being. Conversely, factors typically marginalized in law school and seen in previous research to erode in law students (psychological needs, internal motivation and intrinsic values) were the very strongest predictors of lawyer happiness and satisfaction. Lawyers were grouped by practice type and setting to further test these findings. Despite markedly lower law school grades and current income, public service lawyers had healthier autonomy, purpose, and values and were happier than lawyers in the most prestigious positions (and who had the highest law school grades and incomes). Additional measures raised concerns: subjects did not broadly agree that judge and lawyer behavior is professional, nor that the legal process reaches fair outcomes. Specific explanations and recommendations for lawyers, law teachers, and legal employers are drawn from the data, and the relationships between well-being, productivity, and professionalism are discussed.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"71 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/ssrn.2398989","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68181143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Dedication 奉献

3区社会学

George Washington Law Review Pub Date : 2013-12-31 DOI: 10.1515/9780295800332-001

Linda Chalker-Scott

引用次数: 0

Party Subordinance in Federal Litigation 联邦诉讼中的当事人附属条例

IF 1.5 3区社会学

George Washington Law Review Pub Date : 2013-12-31 DOI: 10.2139/SSRN.2354713

S. Dodson

{"title":"Party Subordinance in Federal Litigation","authors":"S. Dodson","doi":"10.2139/SSRN.2354713","DOIUrl":"https://doi.org/10.2139/SSRN.2354713","url":null,"abstract":"American civil litigation in federal courts operates under a presumption of party dominance. Parties choose the lawsuit structure, factual predicates, and legal arguments, and the court accepts these choices. Further, parties enter ubiquitous ex ante agreements that purport to alter the law governing their dispute, along with a chorus of calls for even more party-driven customization of litigation. The assumption behind this model of party dominance is that parties substantially control both the law that will govern their dispute and the judges that oversee it. This Article challenges that assumption by offering a reoriented model of party subordinance. Under my theory, parties fall in the lowest tier of the power heirarchy, beneath the law on top and judicial authority in the middle. Party subordinance means that the law — not party agreement — binds the court, and even when parties can lawfully make litigation choices, those choices generally do not bind the court. The upshot is that parties in fact have far less control over their litigation than previously assumed. Party subordinance suggests that the trend toward litigation customization is on shakier footing than presently acknowledged, reorients some key elements of the normative debate surrounding customization, and exerts significant pressure in important doctrinal areas, including personal jurisdiction, forum selection, choice of law, and motion waiver. At its broadest, the theory of party subordinance shifts the way the federal litigation system views the heirarchy among parties, courts, and the law.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"83 1","pages":"1"},"PeriodicalIF":1.5,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68133369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0