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Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld
Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld
William & Mary Bill of Rights Journal
No abstract provided.
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
William & Mary Bill of Rights Journal
No abstract provided.
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
William & Mary Bill of Rights Journal
This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect …
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
William & Mary Bill of Rights Journal
No abstract provided.
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers
William & Mary Bill of Rights Journal
No abstract provided.
Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter
Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter
William & Mary Bill of Rights Journal
By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.
However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …
Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn
Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn
William & Mary Bill of Rights Journal
No abstract provided.
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam
William & Mary Bill of Rights Journal
No abstract provided.
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
William & Mary Bill of Rights Journal
No abstract provided.
Time To Overturn Turney, Paul A. Lafata
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.
Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi
Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi
William & Mary Bill of Rights Journal
No abstract provided.
Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait
Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait
William & Mary Bill of Rights Journal
No abstract provided.
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
The U.S.-China Rule Of Law Initiative, Paul Gewirtz
The U.S.-China Rule Of Law Initiative, Paul Gewirtz
William & Mary Bill of Rights Journal
No abstract provided.
The Investigation And Prosecution Of White-Collar Crime: International Challenges And The Legal Tools Available To Address Them, Thomas G. Snow
The Investigation And Prosecution Of White-Collar Crime: International Challenges And The Legal Tools Available To Address Them, Thomas G. Snow
William & Mary Bill of Rights Journal
No abstract provided.
Peoples Divided: The Application Of United States Constitutional Protections In International Criminal Law Enforcement, Ian R. Conner
Peoples Divided: The Application Of United States Constitutional Protections In International Criminal Law Enforcement, Ian R. Conner
William & Mary Bill of Rights Journal
In an age of globalization, criminal activity too has become internationalized. The response from the United States and other countries has been a growing number of treaties, international accords, and multinational law enforcement programs. This Note addresses the extent to which these international agreements have impacted the rights of the accused both in the United States and abroad
Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry
William & Mary Bill of Rights Journal
No abstract provided.