The jurisprudence of legitimacy: applying the Constitution to U.S. territories

Article Abstract:

The DC and Ninth Circuit courts disagree over the territorial force of constitutional provisions. The Ninth Circuit, in cases involving the Northern Mariana Islands, stresses the people's consent to US American government. The DC Circuit, in cases involving American Samoa, stresses the constitutional limits of US control because the people have no acknowledged rights of self-government. In each case the interpretation maximizes the legitimacy of US rule according to local circumstances. Therefore, the differences should not be resolved, but perhaps made more explicit.

Cases, Constitutional law, Jurisdiction, Territorial, Territorial jurisdiction

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Dangerous places: the right to self-defense in prison and prison conditions jurisprudence

Article Abstract:

The US Court of Appeals for the Seventh Circuit failed to acknowledge the due process and civil rights that should be afforded prisoners in finding in Rowe v. Debruyn that prisoners in the Indiana prison system have no right to self-defense. The right to self-defense is fundamental to criminal law. When the state fails to adequately protect prisoners from violence, due process dictates that the prisoners should be able to protect themselves. The courts should take some responsibility for prison conditions and allow prisoners to plead self-defense when appropriate.

Safety and security measures, Prisoners, Prison violence, states

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Self-defense and subjectivity

Article Abstract:

The defense of self-defense in a criminal case requires an "imminent" threat to life. Some believe this to be a strict objective standard while others argue for a more subjective interpretation. The author argues that this debate is fruitless. It must take into account what criminal law means to society and social relations.

United States, Analysis, Defense (Criminal procedure), Feminist jurisprudence, Battered woman syndrome (Law), Battered person syndrome

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