Journal articles on the topic 'United States. Department of Justice. Library'

The World Trade Center Attack or 9/11 tragedy has awakened the international community, particularly the United States (US) to sharpen its foreign policy in facing security threats coming from ‘weak states’. One of the most prominent weak states examples that pose a grave threat to other countries are the Northern Triangle Countries of Central America that referred to Guatemala, Honduras, and El Salvador. Hence, this paper will discuss the rationale behind US initiatives in dealing with security threats in El Salvador as one of the Northern Triangle Countries. In analyzing the case, the writers will use the weak state concept and national interest concept. The result of this paper finds that El Salvador corresponds to the elements of a weak state and further poses security threats by giving rise to transnational criminal organizations, drug trafficking, and migrant problems in which overcoming those security threats has become US vital national interest. However, we also find that although decreasing security threats and strengthening El Salvador government capacity is highly correlated, strengthening El Salvador governance through the providence of aid and assistance is actually classified as US important national interest. Keywords: Security threats; Northern Triangle; weak state; El Salvador; national interest REFERENCES Ambrus, Steven. “Guatemala: The Crisis of Rule of Law and a Weak Party System.” Ideas Matter, January 28, 2019. https://blogs.iadb.org/ideas-matter/en/guatemala-the-crisis-of-rule-of-law-and-a-weak-party-system/. Andrade, Laura. Transparency In El Salvador. 1st ed. 1. El Salvador: University Institute for Public Opinion, Asmann, Parker. “El Salvador Citizens Say Gangs, Not Government 'Rule' the Country.” InSight Crime, August 19, 2020. https://insightcrime.org/news/brief/el-salvador-citizens-say-gangs-not- government-rules-country/. Accessed July 11, 2021. Art, Robert J. A. Grand Strategy for America. Ithaca: Century Foundation/Cornell UP, 2004. BBC News Indonesia "Kisah Di Balik MS-13, Salah Satu Geng Jalanan Paling Brutal Di Dunia." BBC News Indonesia. BBC, April 21, 2017.https://www.bbc.com/indonesia/majalah-39663817.Accessed July 11, 2021. Bureau of Western Hemisphere Affairs “U.S. Relations With El Salvador - United States Department of State.” U.S. Department of State. U.S. Department of State, April 14, 2021.https://www.state.gov/u-s-relations-with-el-salvador/. Accessed July 11, 2021. “Bureau of International Narcotics and Law ENFORCEMENT Affairs: El Salvador Summary -United States Department of State.” U.S. Department of State. U.S. Department of State, February3, 2021. https://www.state.gov/bureau-of-international-narcotics-and-law-enforcement-affairs-work-by-country/el-salvador-summary/. Central Intelligence Agency. Central Intelligence Agency, July 6, 2021. https://www.cia.gov/the-world-factbook/countries/el-salvador/. Accessed July 11, 2021. Dudley, Steven, and Avalos, Silva “MS13 In the Americas: How the World’s Most Notorious Gang Defies Logic, Resists Destruction. National Institute of Justice”, 2018. “El Salvador Homicides Jump 56 Percent as Gang Truce Unravels.” Reuters, December 30,2014.https://www.reuters.com/article/us-el-salvador-violence-idUSKBN0K81HR20141230. Eizenstat, Stuart E., John Edward Porter, and Jeremy M. Weinstein. “Rebuilding Weak States.”Foreign Affairs 84, no. 1 (2005): 134. https://doi.org/10.2307/20034213. FOXBusiness. “How MS-13, One of America's Most Dangerous Gangs, Is Funded.” Fox Business.Fox Business, April 19, 2017.https://www.foxbusiness.com/features/how-ms-13-one-of-americas-most-dangerous-gangs-is-funded. Accessed July 11, 2021. Fukuyama, Francis.Cornell University Press. Ithaca, USA: Cornell University Press, 2004. Galdamez, Eddie. “Water Pollution in El Salvador. Getting Worse Every Year.” El Salvador INFO,June 30, 2021. https://elsalvadorinfo.net/water-pollution-in-el-salvador/. Accessed July 11, 2021. Gies, Heather. “Once Lush, El Salvador Is Dangerously Close to Running out of Water.” Environment. National Geographic, May 4, 2021.https://www.nationalgeographic.com/environment/article/el-salvador-water-crisis-drought-climate-change. Accessed July 11, 2021. Giedraityte, Ieva. “Empire, Leadership OR Hegemony: US Strategies towards the Northern Triangle Countries in the 21st Century.” Latin American Yearbook – Political Science and International Relations 7 (2019): 175. https://doi.org/10.17951/al.2019.7.175-192. “Government Revenues.” Government Revenues - Countries - List. Accessed August 4, 2021.https://tradingeconomics.com/country-list/government-revenues. “Guatemala: An Assessment of Poverty.” Poverty Analysis - Guatemala: An Assessment of Poverty. Accessed August 4, 2021. https://web.archive.org/web/20161225194831/http://web.worldbank.org/WBSITE/EXTERNAL/ TOPICS/EXTPOVERTY/EXTPA/0,,contentMDK:20207581~menuPK:443285~pagePK:148956~piPK:216618~theSitePK:430367,00.html. Herningtyas, Ratih. "Weak State As A Security Threat: A Case Study Of Colombia." Journal of International Relations 2, no. 2 (2014): 146-156. “Honduras.” World Bank. Accessed August 4, 2021. https://www.worldbank.org/en/country/honduras#:~:text=Honduras%20is%20a%20low%20middle,than%20US%241.90%20per%20day. Iesue, Laura. “The Alliance for Prosperity Plan: A Failed Effort for Stemming Migration,” COHA, November 21, 2019, https://www.coha.org/the-alliance-for-prosperity-plan-a-failed-effort-for-stemming-migration/. Accessed July 11, 2021 Indexmundi. “Countries Ranked by Intentional Homicides (per 100,000 People)." Countries ranked by Intentional homicides (per 100,000 people), n.d.,https://www.indexmundi.com/facts/indicators/VC.IHR.PSRC.P5/rankings. Accessed July 11,2021. Insight Crime. “Central America Regional Security Initiative (CARSI)." InSight Crime, October 18,2011, https://insightcrime.org/uncategorized/central-america-regional-security-initiative/. Accessed July 11, 2021 “Income Held by Top 20 Percent in El Salvador.” Statista, July 5, 2021.https://www.statista.com/statistics/1075313/el-salvador-income-inequality/. International Monetary Fund. “El Salvador: Selected Issues.” IMF Staff Country Reports 16, no. 206 (2016): 1. https://doi.org/10.5089/9781498342346.002. Interpol "El Salvador." El Salvador, n.d.,https://www.interpol.int/en/Who-we-are/Member-countries/Americas/EL-SALVADOR. Accessed July 11, 2021. “Key Issues AFFECTING Youth in El Salvador - OCDE.” Key Issues affecting Youth in El Salvador - OCDE. Accessed August 8, 2021.https://www.oecd.org/fr/pays/elsalvador/youth-issues-in-el-salvador.htm. Lakhani, Nina. “Gang Violence in El Salvador Fuelling Country's Child Migration Crisis.” The Guardian. Guardian News and Media, November 18, 2014.https://www.theguardian.com/world/2014/nov/18/el-salvador-gang-violence-child-migration-crisis. Accessed July 11, 2021. “Life under Gang Rule in El Salvador.” Crisis Group, December 10, 2018. https://www.crisisgroup.org/latin-america-caribbean/central-america/el-salvador/life-under-gang-rule-el-salvador. Löwenheim, Oded. “Transnational Criminal Organizations and Security: The Case against Inflating the Threat.” International Journal 57, no. 4 (2002): 513–36. https://doi.org/10.2307/40203690. “Mano Dura: El Salvador Responds to Gangs.” Taylor & Francis. Accessed August 5, 2021.https://www.tandfonline.com/doi/abs/10.1080/09614520701628121?journalCode=cdip20.Menjivar, Cecilia, and Andrea Gomez Cervates. “El Salvador: Civil War, Natural Disasters, and Gang Violence Drive Migration.” migrationpolicy.org, May 11, 2021.https://www.migrationpolicy.org/article/el-salvador-civil-war-natural-disasters-and-gang-violence-drive-migration. Accessed July 11, 2021. Meyer, Peter J., and Ribando Clare Seelke. Central America Regional Security Initiative: Background and Policy Issues for Congress. Washington, D.C.: Library of Congress, Congressional Research Service, 2014. Michaels, Peter S. Lawless Intervention: United States Foreign Policy in El Salvador and Nicaragua, 6, 7, no. 2 (January 5, 1987). https://doi.org/https://core.ac.uk/download/pdf/71463263.pdf. OSAC. “El Salvador 2020 Crime & Safety Report,” https://www.osac.gov/Content/Report/b4884604- 977e-49c7-9e4a-1855725d032e. Days on July 9, 2021. “Overview.” World Bank. Accessed August 4, 2021. https://www.worldbank.org/en/country/elsalvador/overview. Patrick, Stewart. “Weak States and Global Threats: Assessing Evidence of Spillovers.” SSRN Electronic Journal, 2006, 1–31. https://doi.org/10.2139/ssrn.984057. Published by Teresa Romero, and Jul 5. “Gini Coefficient: Wealth Inequality in El Salvador.” Statista,July 5, 2021.https://www.statista.com/statistics/983230/income-distribution-gini-coefficient-el-salvador/. “Remarks by President Obama after Meeting with Central American Presidents.” National Archives and Records Administration. National Archives and Records Administration. Accessed August 8, 2021. https://obamawhitehouse.archives.gov/the-press-office/2014/07/25/remarks-president-obama-after-meeting-central-american-presidents. Riney, Lt Col Thomas J. “How Is MS-13 a Threat to US National Security? .” AIR WAR COLLEGE AIR UNIVERSITY , February 12, 2009. https://apps.dtic.mil/sti/pdfs/ADA540139.pdf. Rivera, Mauricio. “Drugs, Crime, and NONSTATE Actors in Latin America: Latin American Politics and Society.” Cambridge Core. Cambridge University Press, October 12, 2020. https://www.cambridge.org/core/journals/latin-american-politics-and-society/article/abs/drugs-crime-and-nonstate-actors-in-latin-america/67CF0B66AB8673D0C50F2F99AC93A1B7. Schneider, Mark. “Where Are the Northern Triangle Countries Headed? And What Is U.S. Policy?” Center for Strategic and International Studies (CSIS), July 9, 2021. https://www.csis.org/analysis/where-are-northern-triangle-countries-headed-and-what-us-policy. Seelke, Clare Ribando. “CRS Report for Congress.” El Salvador: Political, Economic, and Social Conditions and U.S. Relations, November 18, 2008. https://doi.org/https://www.refworld.org/pdfid/4951ec75e.pdf. Silva Avalos, Hector. “Corruption in El Salvador: Politicians, Police, and Transportistas.” SSRN, April 2, 2014. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2419174. Sleinan, Julett Pineda. “Salvadoran Court: Ex-President and Wife Guilty of Illicit Enrichment.” OCCRP. Accessed August 5, 2021. https://www.occrp.org/en/daily/13586-salvadoran-court-ex- president-and-wife-guilty-of-illicit-enrichment. The United States Department of Justice. “MS-13's Highest-Ranking Leaders Charged with Terrorism Offenses in the United States.”, January 19, 2021. https://www.justice.gov/opa/pr/ms-13-s-highest-ranking-leaders-charged-terrorism-offenses-united-states. Retrieved July 9, 2021. Transformation Index. “BTI 2020 El Salvador Country Report.” BTI Blog, 2020. https://www.bti-project.org/en/reports/country-report-SLV.html. Accessed July 11, 2021. “U.S. Strategy for Engagement in Central America Results Architecture – Overall Summary.”State.gov. Accessed August 8, 2021. https://www.state.gov/wp-content/uploads/2019/04/U.S.-Central-America-Strategy-Objectives.pdf. United Nations High Commissioner for Refugees. “Death Threats and Gang Violence Forcing More Families to FLEE Northern Central America – UNHCR and Unicef Survey.” UNHCR. Accessed August 5, 2021. https://www.unhcr.org/news/press/2020/12/5fdb14ff4/death-threats-gang-violence-forcing-families-flee-northern-central-america.html. U.S. Department of Homeland Security, “Combating Gangs,” https://www.ice.gov/features/gangs.Diakses pada 9 Juli 2021. USAID, “GENERATING HOPE: USAID IN EL SALVADOR, GUATEMALA, AND HONDURAS,”https://www.usaid.gov/generating-hope-usaid-el-salvador-guatemala-and honduras. Diakses pada 8 Juli 2021. United States General Accounting Office, “EL SALVADOR Military Assistance Has Helped Counter but Not Overcome the Insurgency,” https://www.gao.gov/assets/nsiad-91-166.pdf. Retrieved July 8, 2021. U.S. Immigration and Customs Enforcement “Combating Gangs.”, January 27, 2021. https://www.ice.gov/features/gangs. Accessed July 9, 2021. Valencia, Robert. “MS-13 and Barrio 18 Gangs Allegedly Employ More People in El Salvador than the Country's Largest Employers.” Newsweek. Newsweek, November 2, 2018.https://www.newsweek.com/ms-13-barrio-18-gangs-employ-more-people-el-salvador-largest-employers-1200029. Accessed July 11, 2021 Wang, Shaoguang. "China's Changing of the Guard: The Problem of State Weakness." Journal of Democracy 14, no. 1 (2003): 36-42. doi:10.1353/jod.2003.0022. Weber, Max. “Economy and society: An outline of interpretive sociology. Vol. 1. Univ of California Press, 1978. Welsh, Teresa. “US to Resume Northern Triangle Aid, Pompeo Says.” devex, 2019.https://www.devex.com/news/us-to-resume-northern-triangle-aid-pompeo-says-95846. Whelan, Robbie. “Why Are People Fleeing Central America? A New Breed of Gangs Is Taking Over.” The Wall Street Journal. Dow Jones & Company, November 2, 2018. https://www.wsj.com/articles/pay-or-die-extortion-economy-drives-latin-americas-murder-crisis-1541167619. Retrieved July 8, 2021. Williams, Phil. "Transnational criminal enterprises, conflict, and instability." Turbulent Peace: The challenges of managing international conflict (2001): 97-112. World Bank. “Overview.” World Bank, October 9, 2020.https://www.worldbank.org/en/country/elsalvador/overview. Retrieved July 8, 2021.

This case is the latest in a series of actions brought in the United States since 1984 that have resulted in court and administrative decisions on the claim of asylum by, and attempt at extradition of, the plaintiff, Joseph Patrick Doherty, a native of Northern Ireland and subject of the United Kingdom and its Colonies. He was admittedly a member of the Provisional Irish Republican Army and was convicted in absentia, in Northern Ireland, of murder of a British Army officer there in 1980. In the instant case, the plaintiff sought review by the United States Court of Appeals for the Second Circuit of two administrative decisions by successive Attorneys General of the United States (one by Edwin Meese in June 1988, and the other by Richard Thornburgh in July 1989).

In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.

In 2020, the Department of Justice (DOJ) filed an antitrust suit against Google alleging that Google has unlawfully monopolized the markets for general search services, search advertising, and general search text advertising. The complaint raises questions involving market definition, monopoly power, and monopolizing conduct. In this article, we examine these issues through the lens of microeconomic principles. Our analysis finds that there is a sound economic rationale for the DOJ’s complaint.

United States Attorney General Merrick Garland issued new Department of Justice guidance for charging, plea, and sentencing policies via two memos: one providing general policies for all criminal cases and a second providing additional policies for drug cases. These latest DOJ policies are generally consistent in many respects with past policies issued by Attorney General Garland’s predecessors, but they break new ground (or revive previously rescinded policies) in several areas: mandatory minimum statutes, statutory sentencing enhancements, the crack/cocaine sentencing disparity, and pretrial diversion. All of these new policies tack in the same direction: ameliorating the harshness of the modern-era federal sentencing regime. Most notably, Attorney General Garland’s Drug Memo seeks to all but do away with the disparity by calling for federal prosecutors to “promote the equivalent treatment of crack and powder cocaine offenses.” The Drug Memo directs prosecutors to charge crack offenses as if they were cocaine offenses by using the quantity for cocaine rather than crack.

Disciplinary practices utilized in public libraries in the United States carry echoes of the ways in which youth of color and/or LGBTQ and gender non- conforming youth are policed and incarcerated. This research includes interviews with librarians and staff engaging in relational disciplinary practices, namely restorative justice, to gain understanding of how altering approaches to discipline may create cultural shifts that lead to more culturally conscious services to youth made vulnerable by the state. Individual, open-ended interviews with librarians and staff at an urban library system in California addressed the implementation of restorative justice practices, individuals’ approaches and understandings of restorative justice, and the process of institutionalizing restorative justice throughout the library system. This research reveals that restorative justice offers one approach to creating social change through increased access to library services and resources.

In response to the topic of Global Justice and Human Rights: Country Case Studies, I will discuss the origin and continuation of violence against Native American women in the United States. In a report named Maze of Injustice: The Failure to Protect Indigenous Women from Violence by Amnesty International, the organization deemed the current status of violence against indigenous women one of the most pervasive yet hidden human rights abuses. The U.S Department of Justice has found that Native American and Native Alaskan women are 2.5 times more likely to be raped or sexually assaulted. During an International Expert Group Meeting discussing Combatting Violence Against Indigenous Women and Girls, the United Nations Department of Economic and Social Affairs declared it a human rights issue of epidemic proportions. One in three Native American women are raped and three in five are physically assaulted. In reference to interracial violence, four out of five Native American victims of sexual assault reported that the perpetrator was white. Unfortunately due to the shame and stigma surrounding topics such as sexual assault and rape it is estimated that in reality these numbers are far higher. Scholars and historians of pre-colonial Native societies have found that during this period women held prominent positions and violence against women was rare. With colonization came a radical change to the role of women in Native society. Gender based violence and the exclusion of women in important positions was a powerful tool used by British settlers to dismantle the structures of native society and ultimately conquer it. Presently, due to the inadequate legal power given to Indian nations the crisis is not being dealt with efficiently. For example, Indian nations are unable to prosecute non-Indian offenders. In my discussion of violence against Native women in the United States I will begin by analyzing its colonial origins. Next I will discuss why this violence persists today with reference to laws and judicial processes. Finally, I will discuss what must be done to end these human rights abuses.

The article examines organizational and legal aspects of the implementation of the witness protection program in the United States. Special attention is paid to activities in this area of the US Department of Justice, the US Marshals Service, which directly provide protection for witnesses and the Federal Bureau of Prisons. Some statistics on witness protection are provided. Concrete protective measures and their application in relation to the participants in criminal proceedings are considered.

AbstractThis is a further contribution to the Squire Law Library Eminent Scholars Archive by Lesley Dingle. It is based on interviews with Stephen Schwebel about his distinguished career as an international jurist in the United States and at the International Court of Justice.

Since the publication of the National Research Council Report titled: Strengthening Forensic Science in the United States: A Path Forward for the United States Department of Justice, there has been an international discussion on scientific character of fingerprint examination, and Poland has not been excluded from it. The approaches to fingerprint identification in the United States of America and Poland are completely different. In the first case, the holistic standard is used basing exclusively on the experience and conviction of the expert, and in the other one, numerical standard precisely determining the minimum number of consistent individual characteristics (minutiae) required for identification. Both standards have both advantages and significant drawbacks. A good way out of this situation would be finding a solution combing the holistic and numerical approaches and the project “Mapping of friction skin ridges impressions” implemented by the forensic experts of Fingerprint Examination Department in the Central Forensic Laboratory of the Police makes constitutes contribution to that.

The mid-sized southern city of Greensboro, North Carolina has not been spared from the crisis in policing gripping the United States. The city has a history of racial conflict and violence involving the police, most notably the 1979 Massacre where five anti-Klan protestors were killed by Neo-Nazi and Klan members. It is also the site of renowned movements for social justice; in 1961, four North Carolina Agricultural and Technical State University freshmen sparked the Sit-In movement, and in 2005, the first Truth and Reconciliation Commission in the United States, which addressed the Massacre, took place in Greensboro. Through partnerships with activists, police, and other community members, the Justice and Policy Studies Department (JPS) at Guilford College works to strengthen police-community relations in Greensboro. The Quaker peace testimony, which calls for “taking away the occasion for violence,” inspires and guides these efforts. This article explores the ways that JPS and its community partners prepare students to take away the occasion for violence in policing and the criminal justice system. Guilford’s president, two JPS professors, a Deputy Chief of the Greensboro Police Department and a community organizer with the Beloved Community Center share their insights regarding this critical topic.

A heated debate has arisen over U.S. policy toward the large number of Salvadorans and Guatemalans who have come to the United States in recent years. The question is whether the U.S. government should continue to deport these individuals or should offer them some special protection. The key point of debate is the motivation of the émigrés. Officials of the U.S. Department of State and the Department of Justice have maintained that Salvadorans and Guatemalans who come here are merely economic migrants in search of a better life, and that as such, they are ineligible for any special treatment under U.S. immigration law. According to representatives of the Reagan administration, the fact that many Central Americans pass through Mexico on their way to the United States is evidence of their economic motivations.

Welcome to the April 2018 issue of C&RL News. Putting the values of librarianship into practice continues to be a major focus in the current political and social climate in the United States. In this month’s Scholarly Communication column, Michelle Baildon discusses “Extending the social justice mindset” to the scholarly publishing world through reflections on a report generated by the MIT Library’s Diversity, Inclusion, and Social Justice Task Force.

All three branches of the United States Government are, directly or indirectly, promoting the use and judicial acceptance of forensic DNA analysis. In addition, the establishment of a US national DNA databank has been authorized. The US Congress has passed the ‘DNA Identification Act of 1994’, which provides, inter alia, funding to the states for developing and/or improving forensic laboratories capable of conducting DNA analysis, and also creates a framework for federal supervision of forensic DNA technology. Specifically, the Executive Branch, through the Department of Justice and particularly its Federal Bureau of Investigation, has been directed to develop standards and practices in order to speed the admissibility of forensic DNA analysis as scientifically acceptable evidence in US courts. Finally, the federal judiciary has been ordered by the US Supreme Court to abandon or modify the 70-year-old Frye standard, which the Federal courts previously used to determine whether scientific evidence is deemed admissible, a move that will directly impact the judicial acceptance of forensic DNA analysis in all federal courts and undoubtedly will affect the admissibility of DNA evidence in many American state courts.

AbstractAt the request of the United States Department of Justice and Department of the Treasury, the author reviewed the actions of Federal law enforcement agencies in Waco, Texas during the 1993 siege of the Branch Davidian religious community led by David Koresh, during which dozens of people died, including both federal officers and civilians. This article analyzes the views of religion which predominate among Federal law enforcement agents and which came to light during his review of the Waco incident.

The article examines the criminal law regulation of private military and security companies in the United States. The genesis of the emergence of private military and security companies, their functions and principles of activity are considered. The author analyzes the legislative framework that defines the status and position of private military and security companies in the United States. The legal relations of US government agencies with private military and security companies are studied. The author analyzes the US regulations on the joint activities of the US Department of Defense, the Department of Justice and the Department of State on the joint policy governing the powers of private military and security companies, namely, the mechanism of command and control over employees of private military and security companies, including in the collection and analysis of intelligence information. The author identifies topical issues of criminal law regulation of activities and liability of private military and security companies in the United States. The article examines the doctrines of liability that have, in one way or another, provided private military and security companies with the opportunity to protect themselves from prosecution in American courts. Some of the liability rules relate to the immunity of the State from prosecution in any court, both domestic and foreign, which have been repeatedly applied by the United States. Key words: private military companies in the USA, private security companies in the USA, criminal law regulation, regulatory acts of the USA, principles of activity.

The intricate relationship between aviation-related noise pollution, demographic factors, and tree canopy cover can hold significant implications for targeted interventions promoting environmental equity, sonic justice, and sustainable urban development. This study offers a geospatial exploration of these interconnections within the continental United States by employing National Transportation Noise Pollution data from the United States Department of Transportation alongside tree canopy cover from the United States Geological Survey’s National Land Cover Database and demographic data from the American Community Survey in a correlation analysis. Our analysis reveals stark disparities in noise exposure levels, notably underscoring that low-income and predominantly Hispanic neighborhood shoulder a disproportionate burden of aviation-related noise. Moreover, a correlation between aviation-related noise pollution and low tree canopy cover suggests a potential avenue for utilizing nature as a buffer against heightened noise levels. However, recognizing the delicate equilibrium between fostering a thriving tree canopy and ensuring aviation safety highlights a need for innovative urban planning solutions capable of simultaneously addressing sonic injustice and tree inequity.

This article examines the use of ‘enhanced interrogation techniques’ in the context of international legal obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT) and the domestic implementation of the international prohibition of torture into United States (US) law under 18 United States Code Sections 2340-2340A. The legal basis for the interrogation programme was a series of contentious legal memoranda written by Department of Justice Office of Legal Counsel lawyers.1 This article examines whether the memo drafters ought to be investigated for incurring criminal liability for the consequences of their memoranda, namely under CAT and Sections 2340-2340A and what has unfolded under President Obama’s administration.

AbstractThe Radzinowicz Library is the specialist criminology library of the Institute of Criminology, a research and teaching department of the University of Cambridge. As Stuart Stone explains, it is the premier academic criminology collection in the United Kingdom and indeed it is one of the major collections in this subject in the world. The library primarily serves the Institute and the University but also the wider community of criminal justice researchers, many of whom are regular visitors. In common with other libraries, financial pressures are a continuing concern, especially because of the interdisciplinary nature of the subject. Outreach and engagement with organisations outside academia add to the distinctive characteristics of the library.

The legalization of physician-assisted suicide (PAS) remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation (e.g., the Pain Relief Promotion Act of 1999), or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide (PAS) remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions.

This article covers the present condition of disability rights in the United States, focusing on the continued obstacles experienced by those with disa-bilities in the workplace, public spaces, and sporting venues. Despite the fact that the Americans with Disabilities Act (ADA) offers extensive safeguards for those with impairments, these provisions are seldom implemented. In 2019, the United States Equal Employment Opportunity Commission re-ceived over 24,000 complaints of disability-related employment discrimina-tion, illustrating the persistent difficulties experienced by handicapped work-ers. In addition, the United States Department of Justice received approxi-mately 8,000 complaints involving accessibility issues in public areas, under-scoring the ongoing need for stricter enforcement of laws governing public accessibility. Participation in sports has been proven to provide substantial advantages for those with disabilities, but it remains difficult to ensure that sports facilities are really accessible and inclusive. According to the article's premise, full application and enforcement of disability rights laws in the United States requires more education and awareness among employers, public accommodations, and sports management.

This research explains how Edward Snowden disseminates data from the National Security Agency (NSA) secret program. As a result of Edward Snowden’s espionage action, Snowden received sanction from the United States Department of Justice to file criminal charges against Snowden. In its implementation, the results of the leakage have an important on distrust between the allies and the United States government. Allied countries and the international public are asking the United States government to reform the NSA to be more transparent. This research focuses on qualitative research methods. Data analysis in the form of data reduction, data display, drawing conclusions, and verification. The results showed Edward Snowden’s communication strategy against the dominance of information by the United States government was to join the board of the nonprofit organization Freedom of the Press Foundation. The media that includes the disclosure of crime leaked by Edward Snowden are known as The Intercept, which means the media focuses on the disclosure of crime by the state based on documents leaked by Edward Snowden.

The aim of the article is to analyze the phenomenon of the constitutionalization of politics, understood as the influence of non-judicial actors on the procedure of constitutional review on the example of the functioning of selected offices of the United States Department of Justice during the presidencies of George W. Bush, Barack Obama, and Donald Trump. By analyzing the activities of attorneys general and Office of Legal Counsel lawyers, the author shows the important role of these entities in determining the constitutionality of surveillance policy of presidential administrations in the field of national security.

Environmental justice is a rising social movement throughout the world. Research is beginning to define the movement and address the disparities that exist among communities exposed to pollution. North Birmingham, a community made up of six neighborhoods in Jefferson County, Alabama, in the United States, is a story of environmental injustice. Heavy industry, including the 35th Avenue Superfund Site, has caused significant environmental pollution over time, leaving residents concerned that their health and well-being are at risk from continued exposure. For years, pollution has impacted the community, and residents have fought and challenged industry and government. The United States (U.S.) Environmental Protection Agency (EPA), the U.S. Agency for Toxic Substances and Disease Registry (ATSDR), and the Jefferson County Department of Health (JCDH) in Alabama have historically played a role in working with the community regarding their health concerns. In this manuscript, we describe a city entrenched in environmental injustice. We provide the history of the community, the responsible parties named for the contamination, the government’s involvement, and the community’s response to this injustice. Through this manuscript, we offer insight into a global concern that challenges local communities on a daily basis.

This article provides an overview of pay equity as well as an update of recent developments concerning this issue. The article summarizes the arguments advanced by pay equity advocates and opponents. There is a discussion of the leading court decisions which is organized as cases brought before and after the United States Supreme Court's landmark decision in the case of County of Washington v. Gunther, 452 U.S. 161 (1981). The position of the Reagan Administration, as set forth by the Department of Justice and the Equal Employment Opportunity Commission also is summarized. The article includes a description of the legislation pending before the 99th United States Congress along with state legislative developments. The final section of the article is a pay equity bibliography.

The United States Department of Justice (``DOJ'') continues its aggressive pursuit of International Cartels. In addition to obtaining record levels of fines for corporations convicted of price fixing, the DOJ continues to seek more jail time for individual defendants found guilty of these crimes. The DOJ supports legislation now before Congress that would significantly increase penalties for both corporations and individuals convicted of antitrust violations. Increasingly, many of the individuals serving time in US prisons for antitrust crimes are foreign nationals not just US citizens. The threat of extradition to the United States on the basis of cartel behaviour looms ever larger. Recently, the DOJ has been aggressively placing foreign nationals that have been indicted in the United States on price fixing charges on Interpol's ``Red Notice'' list, subjecting them to possible arrest and detention by local officials as they enter or exit countries outside the United States. The DOJ has been using this procedure even where extradition to the United States on the basis of an antitrust offense would appear unattainable for lack of treaty support. Apparently in an increased spirit of cooperation with US cartel enforcement efforts, some countries have thus far acceded to this procedure nonetheless, providing substantial harassment impact. Whether this cooperation will continue or not remains to be seen.

Since the early 2000s, the United States’ different administrations of justice have been prosecuting foreign companies suspected of violating US laws on bribery of foreign public officials and of failing to respect embargoes and economic sanctions. Even if these violations take place outside US borders, the American prosecution authorities (including the Department of Justice, the Securities and Exchange Commission and the Office of Foreign Assets Control) consider themselves legitimate to intervene. European multinationals have been particularly sanctioned. For instance, in 2014, fines reached up to 9 billion dollars for the French bank BNP, which was accused of using dollars in its transactions with certain countries sanctioned by the US (mainly Iran, Cuba and Sudan). Punishing companies and hitting them in the wallet are not the only objectives of the American administration. The United States takes advantage of legal procedures against foreign companies to collect millions of bytes of data, sometimes including sensitive information on them as well as on their partners and markets. Facing this legal offensive, Europe is still struggling to provide responses to protect its companies.

Thesis/objective – The aim of the article is to promote knowledge about the Library of the Court of Justice of the European Union. The mission of the Library, which was established as a closed to public strictly specialized library, determined its development: to carry out its tasks a special indexing system has been created, the mission influenced the collection, methods of storage and the arrangement of the administration department of the Library. Experiences and ideas concerning the organisation of the Library and its catalogue could be of benefit for librarians willing to improve the quality of the library service as well. Research method – The authors analysed the documents as books and articles on the Library of the CJEU. Some of these publications were internal bulletins of the Court of Justice, some monographs and articles widely available for public. The bibliography includes both memoirs, monographs on strictly legal topics of institutional law and doctrine, library science publications concerning functioning of libraries, creation of catalogues and knowledge organisation systems. Some author's remarks are their subjective observations made during the work at the Directorate-General for Library, Research and Documentation. Results and conclusions – The Library of the Court of Justice becomes the only keeper and custodian of the whole legal heritage of united Europe. This implies also the new challenge for the Library. A catalogue of the highest quality, one that is consistent and original, and furnished with a rich notational system, should be the fruit of long-term work executed on the basis of predetermined criteria that anticipate trends of EU law development. To keep in mind a universal rule underlying the activity of every library, namely widespread and free access to knowledge, the Library should adapt its policy to changing world for instance finding a balance between limitations imposed by copyrights and related rights and open access ideas.

The United States government created and then nourished an ever-growing humanitarian aid crisis over the last twenty-five years in the borderlands of Arizona. Many thousands have perished and many thousands more have suffered unconscionable hardship and horrific abuse as a direct result of this crisis of the government's own making. Making matters excruciatingly worse, recently the Trump administration's Department of Justice escalated the crisis by prosecuting humanitarian aid workers for their life-saving actions.

Police use of force against minorities, particularly African-Americans, has become a prominent national issue in the United States. In a number of controversial instances, such as the death of George Floyd in Minneapolis, African-Americans have died under questionable circumstances due to police use of force. These incidents have fueled the growth of the #BlackLivesMatter movement and have often resulted in large-scale protests and riots. In this paper, we examine statements made by four types of criminal justice officials – police executives, police department spokespersons, police union representatives, and prosecutors – in the immediate aftermath of 30 such incidents that occurred in 2020. We examine the language used by these officials in social media postings, news releases, and press conferences, focusing specifically on the extent to which they express empathy or sympathy toward the decedent or his or her loved ones, as well as the community at large. Our analysis reveals that criminal justice officials rarely express empathy or sympathy in the aftermath of these incidents, though there are noteworthy differences between different types of officials. Our findings are helpful for understanding how the language used by these officials, particularly the public expression of empathy and sympathy, fits into broader debates about race and criminal justice in the United States.

This essay responds to an article by Williams, Bowman, and Jung concerning fatal officer-involved shootings (OISs) and Federal and state databases that appeared in the Criminal Justice Policy Review. We write in response to the article because of our concern about the claim that data from individual police agencies, including the Los Angeles Police Department (LAPD), were classified as “missing” or were not reported to the Federal Bureau of Investigation (FBI) and in our case, the California Department of Justice. This essay provides a much-needed context for fatal OISs. The essay (a) defines use of force and explains the level of oversight for OISs, (b) provides a brief analysis of LAPD OISs from 2006 to 2015, (c) discusses the “missing or nonreported” LAPD cases, and (d) presents our conclusions about fatal OIS data.

In contrast to the withholding practices of certain member states in respect of part of their assessed contributions to the budget of the United Nations, United States withholding began rather recently. U.S. withholding started in 1980 and, until 1985, applied only to specific programs and decisions. Previously, in 1978, the Legal Adviser of the Department of State had concluded in a memorandum of law that Article 17 of the UN Charter “impose[s] a legal obligation on members to pay the amount assessed to them by the General Assembly.” Referring to the U.S. written statement submitted to the International Court of Justice in Certain Expenses of the United Nations, he added: “Accordingly, the General Assembly’s adoption and apportionment of the Organization’s expenses create a binding international legal obligation on the part of State Members to pay their assessed shares.” In his view, there was apparently no possible exception to this obligation.

The impact of COVID-19 and the racial awakening of the United States intensified the inequities already present in many K–12 schools. Authors report a practitioner-focused case study of a high school counseling department integrating multitiered systems of support (MTSS) into their comprehensive school counseling program during the 2020–2021 school year, in response to both a global pandemic and the racial justice movement. Authors describe school counselors’ passionate commitment to supporting the school and department goal of increased graduation rate for the graduating class of 2021 in the midst of navigating virtual learning, racial and ethnic disparities, and lack of resources.

Various international disputes that have occurred in this world have been recorded in an international law that applies to the entire international community. So to resolve various international disputes that have occurred, usually, the countries involved make a peace agreement as one way to resolve these international disputes and prevent a war between nations. This shows that to resolve international disputes that have occurred, an agreement among countries is needed as a solution. The problem written by the author in this journal is the settlement of international disputes that have taken place between the country of Nicaragua and USA. In this journal, the author uses a normative and juridical research method, which is legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the law. Law or general legal rules regarding the resolution of international disputes that occur among Nicaragua and USA and approach for problems based on a conceptual basis. The results of research conducted indicate that in this case is an international legal dispute which is nether the authority from International Court of Justice in which Nicaragua have to implemented ways from resolving international disputes by international legal procedures, but USA rejected this decision issued to International Court of Justice.

Corruption influences firm behavior and performance even in relatively transparent countries like the United States. In this paper, we examine whether corruption at the state level affected bank failures during the subprime mortgage crisis. Our measure of corruption is the number of corruption convictions of government employees (adjusted for population) based on the Public Integrity Section (PIN) reports from the Department of Justice, capturing the degree of “public corruption” in the US. After disaggregating the data based on bank size and geography, we find that corruption is associated with more bank failures for smaller banks and fewer bank failures for banks located in the South. This research marks a pioneering attempt to examine the connection between corruption and bank failures while underscoring the significance of political risk for financial institutions. Given the recent setbacks experienced by Silicon Valley Bank, Signature Bank, and First Republic Bank, this research provides valuable recommendations for policymakers. The findings suggest the need for regulators to mandate greater transparency regarding banks’ exposure to undisclosed risks, such as political risk. It also advocates for implementing internal control mechanisms to curb corrupt activities.

Much of the human research conducted in the United States or by U.S. researchers is regulated by the Common Rule. The Common Rule reflects the decision of 17 federal agencies, including the Department of Health and Human Services (whose regulations appear at 45CFR46), to require that investigators follow the same rules for conducting human research. (The Food and Drug Administration [FDA] has its own rules (at 21CFR50 and 21CFR56), though there is significant overlap with the Common Rule.) Many of the obligations delineated in the Common Rule can be traced back to the work of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (hereafter the National Commission). The National Commission was appointed in 1974 as part of the National Research Act (P.L. 93-348) in response to revelations about serious abuses involving human subjects, most notably the Tuskegee/United States Public Health Service Syphilis Study.

Credit financing of automobile sales and dealer inventories was provided primarily by hundreds of sales finance companies in the interwar United States. The few finance companies tied to auto manufacturers wrote 90 percent of credit business. Manufacturers initially established finance companies not to bolster retail sales but to finance dealers' wholesale inventory so manufacturers could lower average costs by smoothing seasonal production patterns. Moreover, until the Justice Department intervened, manufacturers apparently illegally coerced franchised dealers into using the manufacturer's preferred finance company rather than an independent.

The rate of adoption of the Social Impact Bonds (SIBs) remains substantially low despite the perceived public attention. Even considering widespread interest in the SIBs model, the low adoption mode suggests that the program is still in its early diffusion phase. In a bid to reduce or control crime rates, the SIBs model represents one of the strategies geared toward social reforms. It was initially piloted in 2010 at Peterborough prison with private financing for crucial social programs. The government could only pay returns to successful programs as an underlying condition. Besides its adoption in the United Kingdom, several states in the United States borrowed similar SIBs programs. This paper examined various aspects of measures of converting cases of recidivism into valuable financial assets and the shortcomings of such programs within the domain of the criminal justice department.

The bond between animals and humans has existed for a long time. Humans are entrusted with the stewardship for animal care and well-being as a part of their use. Legislation has addressed humane care of animals in the United States since 1873. The United States Department of Agriculture (USDA) is responsible for administering many of these laws, including the Animal Welfare Act. Recent amendments to the Animal Welfare Act require regulations to be established for the exercise of dogs and the psychological well-being of primates. It also requires the establishment of an Institutional Animal Committee, training for scientists, consideration of alternatives by the principal investigator, and the establishment of an information service at the National Agricultural Library.

One of several independent research libraries in the United States, the Newberry Library in Chicago, which is over 100 years old and has about 100 fte staff, has nationally significant collections in history, the humanities and music. Four special collections, each accompanied by an endowment for continuing acquisition, stand out: the Ayer Collection, now comprising more than 100,000 volumes, on early contacts between the Indian and the white man; the Greenlee Collection on Portuguese and Brazilian history; the Graff Collection on the American West; and the Wing Collection on the art of printing and graphic design. The library has pioneered in the field of preservation, and its Conservation Department presents training sessions and public programmes on the care of personal libraries and book handling. Access to the collections is gradually being automated, and a wide range of services and programmes for diverse audiences is offered. Its academic and educational programmes have made it a centre for advanced study in the humanities. Adult education seminars are held regularly, enrolling nearly 2,000 people.

This paper offers a comparative account of how the European Union and the United States surveil dominant internet players in light of recent enforcement efforts by U.S. antitrust agencies and ongoing discussions about regulating digital giants in both jurisdictions. After setting out themes for comparative analysis, the paper turns to the two actions initiated in the United States against Google: the one filed by the Department of Justice (DOJ) is similar in focus to the European Commission’s Android decision and the one led by the State of Texas focuses on advertising markets in a manner similar to the European Commission’s AdSense decision. We observe that while there are similar intuitions about anticompetitive conduct in the manner both jurisdictions address the issues, the framing of the competition problem by the U.S. agencies is more sophisticated in relation to the understanding of the markets, the theories of harm, and the design of forward-looking remedies. The paper then compares the Commission’s proposal for a Digital Markets Act with several Bills proposing platform regulation presently discussed in the United States, examining what the two systems have in common, what they may learn from each other, and what regulatory gaps remain.

Clemency dates back to ancient times. For centuries everyone accepted that clemency was needed to correct unduly harsh outcomes dictated by law in individual cases. That changed in the United States in the second half of the 20th century, when clemency became associated with being soft on crime, the kiss of death for politicians lining up to pass harsher laws with longer and mandatory minimum sentences. Presidents began to exercise their pardon power almost exclusively at the end of their terms to avoid any political cost. The reluctance to grant clemency, the soaring number of applicants due to mass incarceration, and the redundant layers of bureaucratic review have created a backlog of some 18,000 applications as of April 2022. Clemency must be restored as an accepted tool to ensure that justice is served. The FIX Clemency Act, which creates an independent commission that would review applications expeditiously and make recommendations to the president, would ensure fair and timely consideration for every applicant. The commissioners would come from diverse backgrounds, in contrast to the current system in which the Department of Justice has a monopoly on recommending clemency. This article uplifts the voices of people seeking clemency to foster understanding about the benefit of clemency not only to the recipient but to their families and communities.

Purpose Despite lessons learned from prior disaster relief funding programs, billions of dollars in fraudulent loans were issued by the Paycheck Protection Program (PPP) during the COVID-19 pandemic in the USA. The misuse of funds prevented business owners and their employees who are in true financial need from accessing program funds. The purpose of this paper is to identify techniques perpetrators used to obtain funds from the program illegally since its inception in March 2020 and concludes with suggestions on internal controls to reduce fraud occurrences in future relief packages. Design/methodology/approach The authors analyze 106 loan fraud cases reported by the US Department of Justice and compiled by the Project on Government Oversight to examine methods individuals used to illegally obtain funds from the program. The authors complement the data with lender characteristics from Call Reports and Business Insights. They further compare the fraud sample to the entire population of PPP loans, which is available on the US Small Business Administration website. The authors report descriptive statistics, correlations and multivariate regressions. Findings The authors find that most fraud cases falsify tax data to access program loans and inflate payroll numbers to obtain larger loan amounts. Applicants who sought large amounts applied using multiple companies and across multiple lenders, consistent with the use of multiple loans to avoid the scrutiny of a single large loan with a single lender. The authors find that cases with larger amounts relied on less regulated lenders, such as lending companies, rather than more regulated lenders. Originality/value The PPP is part of the largest ever US stimulus in which the private sector allocated funds. This study provides novel evidence of how fraudsters adapted to the program's rules to defraud the government.

American prosecutors routinely offer deferred-prosecution and nonprosecution agreements to corporate defendants, but not to noncorporate defendants. The drafters of the Speedy Trial Act expressly contemplated such agreements, as originally developed for use in cases involving low-level, nonviolent, noncorporate defendants. This Note posits that the almost exclusive use of deferrals in corporate cases is inconsistent with the goal that these agreements initially sought to serve. The Note further argues that this exclusivity can be attributed to prosecutors’ tendency to only consider collateral consequences in corporate cases and not in noncorporate cases. Ultimately, this Note recommends that prosecutors evaluate collateral fallout when deciding whether to prosecute noncorporate, as well as corporate, defendants and that the Department of Justice adopt departmental guidelines to ensure compliance with this goal.