English Law Studies Programme Level 1
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The International Sports Law Journal 2003, No. 2
ISLJ 2003/2 Def 01-07-2004 10:13 Pagina A 2003/2 World Anti-Doping Code Kolpak Case Terror and Politics in Sport Sports Torts and Negligence Powers of USOC Dual Nature of Football Clubs Social Dialogue in European Football ISLJ 2003/2 Def 01-07-2004 10:13 Pagina B K LUWER C ONGRES *** Congres Sport & Recht Juridische actualiteiten en knelpunten op sportgebied Dinsdag 16 december 2003 • Meeting Plaza Olympisch Stadion, Amsterdam ■ Mondiale doping regelgeving: achtergrond, inhoud en praktische consequenties van de World Anti Doping Code ■ Recente uitspraken schadeaansprakelijkheid Spel en Sport (HR); deelnemers Sprekers onderling; aansprakelijkheid trainers / coaches; letselschade door paarden Mr. Fred Kollen Mr. Steven Teitler ■ Overheidssteun aan betaald voetbal; Nationale en Europese invalshoek Mr. Cor Hellingman Mr. Mark J.M. Boetekees Prof. mr. Heiko T. van Staveren ■ Verenigingsrechtelijke ontwikkelingen in de sport; bestuurlijk invulling van Mr. Hessel Schepen de tuchtrechtspraak; de positie van afdelingsverenigingen bij sportbonden en het duaal stelsel; mediation bij verenigingsrechtelijke conflicten Kosten € 575,- p.p. (excl. BTW) ■ Sportrecht bezien vanuit de rechterlijke macht Kluwer bundel 5 Sport & Recht 2003 Deze nieuwe uitgave ontvangt u bij deelname en is bij de prijs inbegrepen. ❑ Ja, ik ontvang graag meer informatie over het congres ‘Sport & Recht’ Antwoordkaart verzenden per fax of in ❑ Ja, ik wil deelnemen aan het congres ‘Sport & Recht’ open envelop zonder postzegel aan: Kluwer Opleidingen, Dhr./Mevr.: Antwoordnummer 424, 7400 VB Deventer Functie: T 0570 - 64 71 90 F 0570 - 63 69 41 Bedrijf: E [email protected] Aard van het bedrijf: W www.kluweropleidingen.nl Postbus/Straat: Kluwer legt uw gegevens vast voor de uitvoering van de overeenkomst. -
Married Women, Crime, and Questions of Liability in England, 1640-1760
MARRIED WOMEN, CRIME, AND QUESTIONS OF LIABILITY IN ENGLAND, 1640-1760 by Marisha Christine Caswell A thesis submitted to the Department of History In conformity with the requirements for the degree of Doctor of Philosophy Queen‟s University Kingston, Ontario, Canada February, 2012 Copyright ©Marisha Christine Caswell 2012 Abstract Upon marriage, women in early modern England became subject to the common law doctrine of coverture. Coverture had a number of consequences, all of which stemmed from a married woman‟s lack of independent legal identity. These consequences largely manifested themselves in a married woman‟s complete lack of property rights, but the lack of an independent legal identity created complications for assigning criminal responsibility to married women in the early modern criminal justice system. Coverture largely manifested itself in the criminal law through the defence of marital coercion, which held that a married woman who committed a crime – with the exceptions of murder and treason – was assumed to be acting under her husband‟s coercion and was therefore not liable for her actions. This study examines the perceptions, treatment, and experiences of married women in the northern assize circuit and London between 1640 and 1760, with particular attention to the defence of marital coercion. This thesis discovered that the household ideal, not the defence of marital coercion, was the most important factor in determining the perceptions, treatment, and experiences of married women with the criminal justice system. People in early modern England did not see coverture as the loss of rights, but rather the means through which to create a unified household. -
Strange Bedfellows: Criminal Law, Family Law, and the Legal Construction of Intimate Life Melissa Murray*
Strange Bedfellows: Criminal Law, Family Law, and the Legal Construction of Intimate Life Melissa Murray* I. INTRO DUCTIO N ................................................................................... 1255 II. CRIME AND THE FAMILY: THE TRADITIONAL NARRATIVE ..................... 1258 III. THE PRIVATE LIFE OF CRIMINAL LAW .................................................. 1264 IV. STRANGE BEDFELLOWS: CRIMINAL LAW AND FAMILY LAW IN STATE V. K oso ...................................................................................................12 73 A . THE FACTS ................................................................................... 1275 B. REVEALING CRIMINAL LA WAND FAMILY LA W'S COOPERATIVE RE GULATION ................................................................................ 1277 C. PRODUCINGA BINARY VIEW OF INTIMATE LiE ................................. 1279 1. T he Prosecution ................................................................... 1279 * Assistant Professor of Law, U.C. Berkeley School of Law; J.D., Yale Law School; B.A., University of Virginia. This Article has benefited greatly from the generous suggestions and comments of more readers than I can thank here. I owe a special debt of gratitude to my colleagues at Berkeley Law School, and particularly to Kathy Abrams, Catherine Albiston, Michelle Anderson, Ian Haney-L6pez, Angela Harris, Oona Hathaway, Amy Kapczynski, Herma Hill Kay, Chris Kutz, Gillian Lester, David Lieberman, Goodwin Liu, Mary Ann Mason, Ali Miller, Erin Murphy, David Sklansky, -
Criminal Liability Married Persons
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. LAW REFORM COMMISSIONER Working Paper No. 2 , " .- .. t ~ I ' ~. ..~ '. ,.', .... \ i '. I . ~ ", 'c.': .;'!,.' ,J • : • '. " • CRIMINAL LIABILITY OF MARRIED PERSONS (Special Rules) MELBOURNE JANUARY 1975 ---------------- Views Expressed in this Working Paper are Provisional Only. Comment and criticism are invited and it would be much appreciated if these could be forwarded before 15th April, 1975. Address:- Law Reform Commissioner, 155 Queen Street, Melbourne, Vic. 3000. LAW REFORM COMMISSIONER Working Paper No.2 .- NCJRS ( , , MAV ~ 9 lQ]g ~~ j , ACGlU JstTIONS CRIMINAL LIABILITY OF MARRIED PERSONS (Special Rules) MELBOURNE JANUARY 1975 CONTENTS para. page [ntroduction 1 :; Part I The Defence of Marital Coercion 5 6 Part II Spouses as Accessories After the Fact 28 14 Part III Misprision of Felony 40 18 Part IV Receiving or Handling Stolen Goods 43 19 Part V Conspiracy Between Husband and Wife 52 22 Part VI Criminal Proceedings by One Spouse against the Other 73 31 3 WORKING PAPER NO. 2 CRIMINAL LIABILITY OF MARRIED PERSONS (Special Rules) INTRODUCTION 1. The functions of the Law Reform Commissioner, as defined by Section 8 (a) of the Law Reform Act 1973, include advising the Attorney-General on the modernisation of the law, having regard to the needs of the community. 2. The purpose of this Working Paper is to examine those special rules of law which in some cases relieve wives, and in other cases both husbands and wives, from criminal liability for conduct which would render them liable if they were unmarried. 3. Those rules originated long before the reforms of the law on the civil side which, during the past 100 years, have removed the legal disabilities of married women in matters of property, contract and family law, and long before those social changes which, in modern times, have reduced the discrimination to which women have been subjected in respect of education and economic opportunities. -
Brainwashing As a Legitimate Defense
The Commandeering of Free Will: Brainwashing as a Legitimate Defense Ida-Gaye Warburton* I. Introduction Imagine that your teenage daughter is dragged from her apartment in the middle of the night while wearing only panties and a bathrobe.1 Screaming, she is forced into the trunk of a waiting car.2 Although her screams attract the attention of her neighbors, they are unable to help as they are driven back into their homes by the kidnappers’ gunfire.3 Terrified, she is imprisoned, bound and blindfolded in a closet for fifty-seven days, and subjected to mental and physical cruelty and torture.4 This nightmare was the actual fate of Patricia Hearst (“Hearst”), who was kidnapped on February 4, 1974, by a group that identified itself as the Symbionese Liberation Army (“SLA”).5 Two months after her kidnapping, to the disbelief of her family and friends, Hearst “announced in a taped message that she had repudiated her former lifestyle and was determined to ‘stay and fight’ beside her captors.”6 Not long afterwards, Hearst, wielding a sawed-off carbine, participated in the armed robbery of a bank; three bystanders were wounded.7 A shoplifting incident followed in which she riddled a sporting goods store with rounds from an automatic weapon.8 * J.D. Candidate, May 2004, Washington and Lee University School of Law; B.S., Bernard M. Baruch College, The City University of New York. I would like to express my gratitude to Professor Roger D. Groot, the students in the Virginia Capital Case Clearinghouse—especially Philip Yoon and Janice Kopec—for their patience and support, and my family and friends. -
Gender. Crime and Discretion in the English Criminal Justice System
Gender. Crime and Discretion in the English Criminal Justice System. 1780s to 1830s Deirdre £ P Palk, M.A. A thesis submitted for the degree o f Doctor of Philosophy University of Leicester September 2001 UMI Number: U150448 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U150448 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 Abstract Gender, Crime and Discretion in the English Criminal Justice System, 1780s to 1830s Deirdre E. P. Palk Historians of English crime and criminal justice agree that females are more leniently treated by the criminal justice system. Fewer females are prosecuted for unlawftd activities, and, when they are, they are more readily acquitted, or receive lighter sentences than males. However, reasons for this remain elusive. References to the paternalism of those involved in the system, together with notions about masculinity and femininity in a patriarchally ordered society, have been offered in the absence of other more focussed and systematic evidence. This thesis follows a systematic enquiry about three crimes which attracted the death sentence — shoplifting, pickpocketing, and uttering forged Bank of England notes. -
Criminal Law -- Presumption of Coercion -- Crimes Committed by Wife in Husband's Presence David S
NORTH CAROLINA LAW REVIEW Volume 35 | Number 1 Article 15 12-1-1956 Criminal Law -- Presumption of Coercion -- Crimes Committed by Wife in Husband's Presence David S. Evans Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation David S. Evans, Criminal Law -- Presumption of Coercion -- Crimes Committed by Wife in Husband's Presence, 35 N.C. L. Rev. 104 (1956). Available at: http://scholarship.law.unc.edu/nclr/vol35/iss1/15 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA LAW REVIEW [Vol. 35 where . other personal property shall be . ." in context with the corresponding extensions of the other statutory crimes, suggest that the true purpose is the protection of property and not the sanctity of the home. FRANKLIN A. SNYDER Criminal Law-Presumption of Coercion-Crimes Committed by Wife in Husband's Presence With the exception of certain crimes, when a wife commits a crim- inal offense in the presence of her hubsand, there arises a common-law presumption that she was acting under his threats, commands, or coercion ;1 thus, in the absence of any rebutting evidence, the wife must go free.2 The two basic requisites to the raising of this presumption are that there must have been a marriage s and that the criminal act must have been committed in the physical or constructive presence of the husband.4 Although there is a tendency in the courts recently to hold that the presumption is a slight one and more or less easily rebuttable I State v. -
Brainwashing As a Legitimate Defense Ida-Gaye Warburton
Capital Defense Journal Volume 16 | Issue 1 Article 6 Fall 9-1-2003 The ommC andeering of Free Will: Brainwashing as a Legitimate Defense Ida-Gaye Warburton Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlucdj Part of the Criminal Procedure Commons, and the Law Enforcement and Corrections Commons Recommended Citation Ida-Gaye Warburton, The Commandeering of Free Will: Brainwashing as a Legitimate Defense, 16 Cap. DEF J. 73 (2003). Available at: https://scholarlycommons.law.wlu.edu/wlucdj/vol16/iss1/6 This Article is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Capital Defense Journal by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. The Commandeering of Free Will: Brainwashing as a Legitimate Defense Ida-Gaye Warburton* .IM7Idd Imagine that your teenage daughter is dragged from her apartment in the middle of the night while wearing only panties and a bathrobe.' Screaming, she is forced into the trunk of a waiting car.2 Though her screams attract the atten- tion of her neighbors, they are unable to help as they are driven back into their homes by the kidnappers' gunfire.3 Terrified, she is imprisoned, bound and blindfolded in a closet for fifty-seven days, and subjected to mental and physical cruelty and torture.4 This nightmare was the actual fate of Patricia Hearst ("Hearst"), who was kidnapped on February 4, 1974, by a group that identified itself as the Symbionese Liberation Army ("SLA). -
Critiquing the Defence of Compulsion As It Applies to Women in Abusive Relationships
168 Auckland University Law Review Vol 21 (2015) Critiquing the Defence of Compulsion as it Applies to Women in Abusive Relationships SHEVAN (JENNIFER) NouRI* The New Zealand defence of compulsion has been tightly drawn to provide a narrow release from criminal responsibility in the most exigent of circumstances. The challenge posed by the circumstances under which abused women commit offences under a threat of harm involves recognising behaviours of abused offenders not as a response to a single event but as part of a structural sequence of actions in a climate characterisedby coercive control. To this end, the author demonstrates that the requirements of the statutory defence of compulsion are too rigidly construed to accommodate the legitimate claims of victims of intimate partner violence who offend under coercion. The author critiques the Law Commission's recommendations for statutory reform for failing to circumvent these obstacles. I INTRODUCTION With regard to the topic of duress and coercion, society is currently at the forefront of the most pivotal time in the history of the battered woman ... .1 Since the turn of the century, intimate partner violence has been increasingly recognised as one of New Zealand's most significant social problems. A 2001 survey indicated that one in four heterosexual women sustained abuse or were threatened with violence by a partner.2 Increased community awareness and a better understanding of the dynamics of intimate partner violence have led to substantial legal reform.3 The most significant of these * BA/LLB(Hons). The author would like to express her deepest gratitude to Julia Tolmie, Associate Professor at the University of Auckland. -
Presumption of Husband's Coercion Over Wife Kevin O
North Carolina Central Law Review Volume 9 Article 6 Number 2 Volume 9, Number 2 4-1-1978 State v. Smith: Presumption of Husband's Coercion over Wife Kevin O. Easley Follow this and additional works at: https://archives.law.nccu.edu/ncclr Part of the Family Law Commons, Legal History Commons, and the State and Local Government Law Commons Recommended Citation Easley, Kevin O. (1978) "State v. Smith: Presumption of Husband's Coercion over Wife," North Carolina Central Law Review: Vol. 9 : No. 2 , Article 6. Available at: https://archives.law.nccu.edu/ncclr/vol9/iss2/6 This Note is brought to you for free and open access by History and Scholarship Digital Archives. It has been accepted for inclusion in North Carolina Central Law Review by an authorized editor of History and Scholarship Digital Archives. For more information, please contact [email protected]. Easley: State v. Smith: Presumption of Husband's Coercion over Wife State v. Smith: Presumption of Husband's Coercion Over Wife In North Carolina, a criminal act committed by a wife in the pres- ence of her husband is presumed to have been compelled by her hus- band's threats, commands or coercion; unless this presumption is rebutted, the wife cannot be convicted.' This common law doctrine of presumed coercion by a husband over his wife, though uncertain in origin, has existed for over 1,000 years, as noted by Blackstone, and was therefore deeply embedded in England's law.2 Most authorities agree that the presumption arose out of the mar- riage relation at a time when a woman had to remain totally obedient to her husband, since the husband had complete control over the per- son of his wife.' Not only is the origin of the doctrine uncertain, the doctrine is itself a curious one. -
Trafficking in Human Beings and Sexual Violence Against Children (2013)
Mensenhandel Negende rapportage van de Nationaal rapporteur Colophon Reference: Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children (2013). Trafficking in Human Beings. Ninth report of the Dutch National Rapporteur. The Hague. National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children P.O. Box 20301 2500 EH The Hague The Netherlands +31 (0) 70 370 45 14 www.dutchrapporteur.nl Graphic and digital realization: Studio Kers © National Rapporteur 2013 Contents List of figures and tables 7 Abbreviations 9 Foreword 13 1 Introduction 17 2 Trends and developments 27 2.1 Introduction 27 2.2 International developments 30 2.2.1 International trends in the nature and scale of human trafficking 30 2.2.2 Approach – international priorities 38 2.2.2.1 Protection of victims 39 2.2.2.2 The demand side 41 2.2.2.3 Private actors – NGOs and companies 42 2.2.2.4 Prosecution and trial 43 2.2.2.5 International criminal cooperation 45 2.2.2.6 Financial gains and compensation for victims 46 2.2.3 European Court of Human Rights 47 2.2.4 International monitoring and coordination 49 2.2.5 The Netherlands in an international context 50 2.3 Human trafficking and prostitution policy 53 2.3.1 Introduction 53 2.3.2 Criminalization of victims’ clients 57 2.3.3 The need for a national framework for prostitution policy 59 2.3.4 Local policy initiatives 65 2.3.4.1 The introduction of a broad package of measures in Utrecht 66 2.3.4.2 Initiatives in other municipalities 74 2.3.5 Prostitution policy in the -
2.4 Nettleship V Weston
Law’s Fictions Reading Law as Literature Alexandra Reichelt A Thesis Presented to the Department of Literature, Area Studies, and European Languages University of Oslo In Partial Fulfilment of the Requirements for the MA Degree Spring 2016 I II III Law’s Fictions Reading Law as Literature Alexandra Reichelt IV © Alexandra Reichelt 2016 Law’s Fictions: Reading Law as Literature Alexandra Reichelt http://www.duo.uio.no Trykk: Reprosentralen, Universitetet i Oslo V VI Abstract This thesis seeks to explore how narrative functions in law, and how case law can be read as literature. The analysis is based on the close-reading of three central judgements in the field of negligence, a kind of tort law, in British common law. Applying narratology to law demands certain adaptations, such as the inclusion of the narrator into the implied author. There are also narratives structures that are particular to case law. The analysis focuses on three main aspects of case law as literature, in three judgements. The analysis of Donoghue v Stevenson concerns the frame narrative and the implied authors specially. The second judgement, Smith v Leech Brain, is centred around fact narratives, or statements of fact. Finally, the analysis of Nettleship v Weston focuses on competing narratives. Throughout this thesis is focused on the ethics of literature, as seen in the implied authors’ ethical standards. This thesis seeks to prove that literary analysis can be applied to case law, and that there are aspects of judgements that can only be unearthed through literary analysis. VII VIII Acknowledgements First, thank you to my supervisors, Tore Rem and Rebecca Scherr, for allowing me to explore my mad ideas and helping me do it.