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Articles 1 - 4 of 4
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Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Indiana Journal of Global Legal Studies
The Institute for Advanced Study Branigin Lecture
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan
Vanderbilt Journal of Transnational Law
In this-Article Professor Vorspan examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on detention, deportation, conscription, and confiscation of property, the Author revises the conventional depiction of the English judiciary during World War I as passive and peripheral. She argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal freedom. Second, they …
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Syracuse Journal of International Law and Commerce
The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Michigan Journal of International Law
This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …