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Laws, Volume 4, Issue 1 (March 2015) – 8 articles , Pages 1-124

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Article
Examining the Conservative Shift from Harsh Justice
Laws 2015, 4(1), 107-124; https://doi.org/10.3390/laws4010107 - 19 Mar 2015
Viewed by 3011
Abstract
Recently, a political shift has been observed, in that some political conservatives are now advocating, adjusting, or abandoning draconian drug laws, including mandatory minimums, and funding diversion, re-entry, and drug programs. Vocal proponents of this movement include Grover Norquist, Rand Paul, Edwin Meese, [...] Read more.
Recently, a political shift has been observed, in that some political conservatives are now advocating, adjusting, or abandoning draconian drug laws, including mandatory minimums, and funding diversion, re-entry, and drug programs. Vocal proponents of this movement include Grover Norquist, Rand Paul, Edwin Meese, and Mark Levin, from the Texas Public Policy Council. Any movement away from the mass incarceration that has characterized the U.S. correctional policy for the last 30 years is welcomed; however, it is important to note carefully the philosophical foundation of the conservative’s interest in shifting correctional policy. This paper explores the potential factors contributing to this philosophical shift. Full article
(This article belongs to the Special Issue Rough Justice: Penal Sanctions, Human Dignity, and Human Rights)
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Article
USP Marion: A Few Prisoners Summon the Courage to Speak
Laws 2015, 4(1), 91-106; https://doi.org/10.3390/laws4010091 - 03 Feb 2015
Cited by 2 | Viewed by 2611
Abstract
USP Marion is the first supermax federal penitentiary. Marionization refers to the experimental control program used at this prison. The prisoners speaking in this article suffered many years of solitary confinement. This research brief discusses some of what they experienced in their own [...] Read more.
USP Marion is the first supermax federal penitentiary. Marionization refers to the experimental control program used at this prison. The prisoners speaking in this article suffered many years of solitary confinement. This research brief discusses some of what they experienced in their own words. These are the recollections of a few Marion prisoners that have summoned the courage to speak out and share their darkest memories. Full article
(This article belongs to the Special Issue Rough Justice: Penal Sanctions, Human Dignity, and Human Rights)
Article
The Uneasy Marriage between Law and Equality
Laws 2015, 4(1), 82-90; https://doi.org/10.3390/laws4010082 - 02 Feb 2015
Viewed by 2712
Abstract
There are two ways in which the social ideal of equality has found expression in the law: in the principle of equal treatment and in the principle of non-discrimination. In this article the meaning of these two legal principles is analysed, in order [...] Read more.
There are two ways in which the social ideal of equality has found expression in the law: in the principle of equal treatment and in the principle of non-discrimination. In this article the meaning of these two legal principles is analysed, in order to answer the question to what extent they can be said to contribute to equality in the sense of an equal distribution of collective resources. It is argued that whereas the first just requires decision-making to be rule-based, the second principle demands that rules should be based on sound categorical distinctions. Neither of the two can, however, sensibly be linked to equality as equal distribution. The article concludes that the only way to establish such a link is by adding to the principle of non-discrimination “financial resources” as a suspect ground. Full article
Article
The Electronic Monitoring Paradigm: A Proposal for Transforming Criminal Justice in the USA
Laws 2015, 4(1), 60-81; https://doi.org/10.3390/laws4010060 - 27 Jan 2015
Cited by 2 | Viewed by 4676
Abstract
This article proposes a change in public policy that promises to greatly reduce major crime in the United States, protect society, eliminate prison overcrowding, and save taxpayer dollars. This policy would employ electronic monitoring (EM) technology in a way that discourages individuals who [...] Read more.
This article proposes a change in public policy that promises to greatly reduce major crime in the United States, protect society, eliminate prison overcrowding, and save taxpayer dollars. This policy would employ electronic monitoring (EM) technology in a way that discourages individuals who might otherwise be tempted to commit crimes. The approach is arguably more effective, efficient, humane and ethical than any alternative strategy and potentially could revolutionize law enforcement and the American criminal justice system. Full article
(This article belongs to the Special Issue Rough Justice: Penal Sanctions, Human Dignity, and Human Rights)
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Article
Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?
Laws 2015, 4(1), 37-59; https://doi.org/10.3390/laws4010037 - 23 Jan 2015
Cited by 13 | Viewed by 4575
Abstract
Honouring the requirement of the Convention on the Rights of Persons with Disabilities to introduce supported decision-making poses many challenges. Not least of those challenges is in writing laws and devising policies which facilitate access to formal and informal supports for large numbers [...] Read more.
Honouring the requirement of the Convention on the Rights of Persons with Disabilities to introduce supported decision-making poses many challenges. Not least of those challenges is in writing laws and devising policies which facilitate access to formal and informal supports for large numbers of citizens requiring assistance with day-to-day issues such as dealing with welfare agencies, managing income security payments, or making health care decisions. Old measures such as representative payee schemes or “nominee” arrangements are not compatible with the CRPD. However, as comparatively routine social security or other government services become increasingly complex to navigate, and as self-managed or personalised budgets better recognise self-agency, any “off the shelf” measures become more difficult to craft and difficult to resource. This paper focuses on recent endeavours of the Australian Law Reform Commission and other local and overseas law reform and policy initiatives to tackle challenges posed both for ordinary citizens and those covered by special programs (such as Australia’s National Disability Insurance Scheme and “disability trusts” in Australia and Canada). Full article
Article
Reframing Risqué/Risky: Queer Temporalities, Teenage Sexting, and Freedom of Expression
Laws 2015, 4(1), 18-36; https://doi.org/10.3390/laws4010018 - 14 Jan 2015
Cited by 13 | Viewed by 5020
Abstract
Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let [...] Read more.
Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let alone the affordances of adolescents’ self-produced and consensually shared sexual imagery. In this article, we argue that these actors have erred in their construction of youths’ risqué imagery as inherently risky and thus governable. We propose that anti-sexting frameworks—which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice—rely on a calculus that is fundamentally flawed. This article consists of two main parts. In Part I, we map and trouble the ways in which responses to consensual teenage sexting emphasize the practice’s relationship to embodied, financial, intimate and legal risks. In Part II, we suggest that research examining consensual adolescent sexting and young people’s rights to freedom of expression consider alternative theoretical frameworks, such as queer theories of temporality, when calculating the risk of harm of adolescent sexual imagery. Full article
(This article belongs to the Special Issue Technology, Social Media and Law)
Editorial
Acknowledgement to Reviewers of Laws in 2014
Laws 2015, 4(1), 16-17; https://doi.org/10.3390/laws4010016 - 08 Jan 2015
Cited by 1 | Viewed by 2020
Abstract
The editors of Laws would like to express their sincere gratitude to the following reviewers for assessing manuscripts in 2014:[...] Full article
Review
The Study of Torture: Why It Persists, Why Perceptions of It are Malleable, and Why It is Difficult to Eradicate
Laws 2015, 4(1), 1-15; https://doi.org/10.3390/laws4010001 - 25 Dec 2014
Cited by 2 | Viewed by 3692
Abstract
Why does torture persist despite its prohibition? Scholars, policymakers, and the public have heavily debated this topic in the past decade. Yet, many puzzles remain about the practice of torture. Scholarship on torture spans academic disciplines, which adds diversity in perspectives brought to [...] Read more.
Why does torture persist despite its prohibition? Scholars, policymakers, and the public have heavily debated this topic in the past decade. Yet, many puzzles remain about the practice of torture. Scholarship on torture spans academic disciplines, which adds diversity in perspectives brought to these questions but also can lead to redundancy and stunted progress in research on the issue as a whole. This article assesses the state of the multidisciplinary literature on torture in counterterrorism with specific focus on why democracies torture despite prohibiting it, how public perception of torture is malleable, and why so few countries are able to move from commitment to compliance in the prohibition of torture. In each section, the article also identifies underexplored areas in the research and suggests avenues for future investigation. Full article
(This article belongs to the Special Issue Rough Justice: Penal Sanctions, Human Dignity, and Human Rights)
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