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Articles 1 - 30 of 37
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The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Michigan Law Review
For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman
Penn State International Law Review
No abstract provided.
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti
Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti
University of Miami Inter-American Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim
Washington International Law Journal
The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …
The Future Of Comparative Law: Public Legal Systems, Clifford Larsen
The Future Of Comparative Law: Public Legal Systems, Clifford Larsen
UC Law SF International Law Review
No abstract provided.
Spain Returns To Trial By Jury, Stephen C. Thaman
Spain Returns To Trial By Jury, Stephen C. Thaman
UC Law SF International Law Review
In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.
This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …
Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris
Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris
ILSA Journal of International & Comparative Law
Increasingly in an interconnected world, Americans and people throughout the world are encountering situations in which their human rights are abused abroad. People are traveling to exotic parts of the world that have not experienced the extent of foreign penetration. Simultaneously, the enormous gaps between wealthy and impoverished
Asset Forfeiture: Home And Abroad, Steven L. Kessler
Asset Forfeiture: Home And Abroad, Steven L. Kessler
ILSA Journal of International & Comparative Law
Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster
The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis
ILSA Journal of International & Comparative Law
In early 1997, Professor M. Cherif Bassiouni' assembled a group of individuals to discuss the creation of a set of guiding principles for combatting impunity for international crimes. The group included myself, Professor Michael Scharf,2 Professor Paul Williams,3 and Professor Madeline Morris.
Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig
Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig
ILSA Journal of International & Comparative Law
More than half of the world's nations have either abolished or no longer practice the death penalty. I In this coming year, the opportunity for a vast expansion in the number of nations which no longer adhere to the death penalty appears almost certain because of events which occurred in 1997, some of which are detailed here.
International Law And Abolition Of The Death Penalty: Recent Developments, William A. Schabas
International Law And Abolition Of The Death Penalty: Recent Developments, William A. Schabas
ILSA Journal of International & Comparative Law
As a goal for civilized nations, abolition of the death penalty was promoted during the drafting of the Universal Declaration of Human Rights' in 1948. It found, however, that expression was only implicit in the recognition of what international human rights law designated "the right to life;" the same approach was taken in the American Declaration of the Rights and Duties of Man, adopted May 4, 1948.
Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle
Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle
ILSA Journal of International & Comparative Law
Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.
An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran
An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran
ILSA Journal of International & Comparative Law
It is important not to confuse criminality with jurisdiction.' The term criminality is usually associated with the legislative authority to proscribe conduct.
The European Community's Combat Against Money Laundering: Analysis And Evaluation, Konstantinos D. Magliveras
The European Community's Combat Against Money Laundering: Analysis And Evaluation, Konstantinos D. Magliveras
ILSA Journal of International & Comparative Law
The first concrete reference to money laundering can be traced to the European Parliament [hereinafter "EP"] Resolution of October 16, 1986.
The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach
The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach
ILSA Journal of International & Comparative Law
In 1994, the International Law Commission ("ILC") authored a Draft Statute' in an attempt to help establish a permanent International Criminal Court ("ICC").
Child Sex Tourism And Child Prostitution In Asia: What Can Be Done To Protect The Rights Of Children Abroad Under International Law?, Elizabeth Bevilacqua
Child Sex Tourism And Child Prostitution In Asia: What Can Be Done To Protect The Rights Of Children Abroad Under International Law?, Elizabeth Bevilacqua
ILSA Journal of International & Comparative Law
Children are undoubtedly the future of any society, and have the potential for someday becoming incredible assets to the countries in which they live.
Pleadings And Authorities, Arden
Pleadings And Authorities, Arden
ILSA Journal of International & Comparative Law
Under customary international law, criminal defendants have a fundamental right to a fair trial.
Ilsa Journal Of Internation And Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of Internation And Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.
The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich
The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich
Penn State International Law Review
No abstract provided.
The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote
The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote
Washington Law Review
Being named to the Dan Fenno Henderson Professorship in East Asian Legal Studies is at one and the same time a proud and truly humbling moment. It is especially humbling to hold a professorship bearing the illustrious name of Dan Fenno Henderson. In the Japanese law field, Henderson is without peer. He created the field as we know it today, and his accomplishments are truly staggering.
Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein
Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein
UC Law SF International Law Review
The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.
This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …
The Right To A Fair Trial In China, Daphne Huang
The Right To A Fair Trial In China, Daphne Huang
Washington International Law Journal
The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.
"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black
"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black
UIC Law Review
No abstract provided.