Making space for contending moral talk in criminal matters: Criminal court mediation in Brooklyn, New York

2018 ◽  
Vol 3 (1) ◽  
pp. 1-18
Author(s):  
Peter Miller ◽  
Rochelle Arms Almengor ◽  
Jessica Goldberg
2001 ◽  
Vol 30 (1) ◽  
pp. 111-115
Author(s):  
Elizabeth Mertz

In a time when some scholars are bemoaning an apparent drop in attention to the role of ideology in legal settings, Philips's new book comes as a welcome intervention. The author uses fine-grained analysis of courtroom language to reveal the pervasive influence of ideology on trial court judges' practices. Followers of Philips's pioneering work on legal language will not be disappointed; the volume lives up to the exacting standard she set for the field in her early articles on courtroom (and classroom) discourse. The study uses discourse analysis of guilty pleas in an Arizona criminal court to uncover how wider social-structural and political divisions are affecting the administration of justice – a process mediated by ideology and enacted in the minute details of linguistic exchanges.


2018 ◽  
Vol 18 (2) ◽  
pp. 197-243 ◽  
Author(s):  
Jennifer Trahan

The article focusses on the final negotiations this December during the Assembly of States Parties meeting, where states decided to activate the icc’s jurisdiction over the crime of aggression. The article commences with a brief background on prosecuting the crime, the negotiation of the definition and conditions for the exercise of icc jurisdiction over it, and the Kampala Review Conference adoption of the crime. It then discusses the dispute as to jurisdiction that developed post-Kampala, and how it was apparently resolved at the December meeting. The article then assesses the potential impact of activating the icc’s 4th crime in terms of deterrence, and whether the December activating resolution actually resolved the jurisdiction dispute, taking the view that it did not, and that the activating resolution was arguably an improper modification of the Kampala agreement and jurisdiction may not be as limited as what appears to have been agreed.


This book provides reports on the arbitration systems and laws of thirteen countries in addition to commentaries on the arbitration rules of the International Criminal Court (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), and UNCITRAL Arbitration Rules as well as on the UNCITRAL Model Law and the New York Convention. This comprehensive overview of the key arbitral jurisdictions and the most important arbitral rules and conventions makes it a unique and indispensable work that belongs on the desk of each practitioner. The book combines a practical approach with in-depth legal research and analyses of important national and international case law. This new edition is written to meet the needs of both the non-specialist lawyer requiring quick and useful information on a particular legal system or set of rules or who is interested in a concise general introduction into the law of international arbitration, and the experienced arbitration practitioner looking for well-founded information on a particular issue.


1989 ◽  
Vol 35 (1) ◽  
pp. 136-168 ◽  
Author(s):  
Kathleen Daly

This statistical study examines sentencing and pretrial release decisions for black, white, and Hispanic men and women, using data from New York City and Seattle criminal courts. Hypotheses are tested on the interactive influences of gender and family, and the mitigating effects of family for men and women of different race and ethnic groups. The results show that gender differences in court outcomes can be explained by defendants' familial circumstances, and that such differences are greatest for black defendants. Arguing that neither the male-centered conflict or labeling perspectives, nor the paternalism thesis capture the logic of court decision making, I call for more research on how familial-based justice practices are classed, raced, and gendered.


2003 ◽  
Vol 97 (3) ◽  
pp. 712-721 ◽  
Author(s):  
Payam Akhavan

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