Well-informed? Well Represented? Well Nigh Powerless? Victims and Prosecutorial Decision-making

This article provides a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal proceedings. Besides exploring what rights victims have per se in criminal proceedings, analysis is provided as to what it means to be an additional prosecutor or a private prosecutor in several European criminal justice systems. A brief analysis of the effects these rights and the use of prosecutorial discretion has on victims is provided.     

Testing for Bias in the Impact of AmeriCorps Service on Volunteer Participants: Evidence of Success in Achieving a Neutrality Program Objective

During its nine years of existence, AmeriCorps has had a tremendous impact on its volunteers and the communities it serves. Despite concerns expressed by the Republican congressional leadership, the Corporation for National and Community Service—the federally funded administrative organization that directs AmeriCorps programs at the national level—has made clear its intention to operate in a nonpartisan, politically neutral manner. A study of AmeriCorps programs in four western states finds the corporation is accomplishing its "neutrality" objective and is rebuilding a sense of civic–mindedness in a manner that lacks gender or racial bias—a critical element in reestablishing a strong choral society—all the while properly respecting diversity.     

Deliberative Democracy and Constitutional Review

Law and Philosophy -     

Constitutional Review in the United States and Austria: Notes on the Beginnings

Abstract.   Despite far-reaching historical and political differences, and despite legal systems that reflect altogether different traditions, the United States and Austria manifest striking similarities where some aspects of their respective development of constitutional review are concerned. For example, on the constitutional review of federalist issues (competing claims of federal and state law), the review power was there from the beginning in both countries. And both countries developed a power of constitutional review reaching to the enactments of the federal legislature. In a brief sketch of aspects of the early development of constitutional review in both countries, the author looks, in particular, to the kinds of arguments made on behalf of constitutional review in the American and Austrian legal systems.