Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Clergy certifications come in 3 general forms. No certs. as in the U.S., limited certs as in England, and complete certs as in Malaysia. The statutes defining these certs can provide for curbs on extremism, but risk oppressing religious freedom.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper undertakes the debate on congressional quiescence and the use of executive decree authority in Latin American separation of powers systems. The mainstream approach to decision making in Latin America has misconstrued the strategic environment in which policy decisions take place by excessively stressing the role of the executive. Emphasizing the strategic intervention of interest groups in promoting policies, I show that the choice of decrees vs. statutes depends on the allocation of decision rights, but more fundamentally, on politician’s valuation of those rights. I build on the theoretical model developed elsewhere, and test empirical implications on the case of Brazil using a novel dataset.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Numerous drug possession statutes impute an intent to distribute if the accused possesses an amount of the substance at or above some statutorily defined amount. At trial, the defendant has the burden of rebutting this presumption, rather than the prosecution having the burden of proving intent beyond a reasonable doubt. If the defendant does not testify or does not mount some other defense to rebut the presumption of intent, the presumption goes unrebutted and the defendant will be found guilty of illegal possession in addition to the separate offense of intent to distribute.

Under Booker, Blakely, and Apprendi, any fact other than prior conviction that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proved beyond a reasonable doubt. This paper examines whether criminal statutes that impute an element of an offense to the defendant that the defendant has to rebut, rather than the prosecution having to prove beyond a reasonable doubt, violate the Sixth Amendment under Booker, Blakely, and Apprendi, and their progeny.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Cross-national research on the determinants of criminal penalties generally recognizes that the amount of crime is an insufficient explanation for punishment levels. Some of this research supports conflict explanations, reporting that economic inequality and the presence of ethnic minorities lead to increased punishments largely aimed at minority groups. Other research supports an alternative perspective based on modernization theories, reporting negative effects of democratization and citizens’ political freedom on levels of punishment. Yet most of these studies analyze rates of incarceration, largely ignoring the most severe punishment, the death penalty, and the few studies that address the likelihood of abolition or retention of the death penalty are cross-sectional. This study uses event-history analysis to identify the social and political factors that shape the existence of the death penalty in 36 nations over a 20 year period. Once murder rates and conflict indicators are controlled, political freedom ceases to have a positive effect on abolition likelihood. The results largely support conflict explanations for the existence of this punishment by finding that nations with high income inequality and large ethnic minority populations have the lowest likelihood of abolition.

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The entry into force of the Rome Statute of the International Criminal Court has been hailed as an historic victory in the field of human rights. However, while the prosecution of the world's 'worst criminals' has attracted significant attention there has been little discussion of the revolutionary role that can be played by the Court behind the scenes. As the international legal community undertakes a battle against impunity for the most egregious crimes of international concern on the world stage, groundbreaking steps are being taken in the domestic sphere. Particularly noteworthy is the utility of the Rome Statute in reshaping dialogue surrounding gender-based crimes. Against the backdrop of the 'peace and justice' debate, many scholars have questioned the value and impact of the Court in real terms. This paper fills a startling gap in existing literature on the topic by evaluating the capacity of the Court to permeate domestic legal systems, exploring the ways in which the Rome Statute impacts on human rights protections at the national level, and assessing what this means for women's rights on the ground.