Digital Commons Network^™

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.

Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay

War Crimes Memoranda

No abstract provided.

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.

The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak

War Crimes Memoranda

No abstract provided.

Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni

War Crimes Memoranda

No abstract provided.

The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.

Is There A Place For Race As A Legal Concept, Sharona Hoffman

Faculty Publications

What does "race" mean? The word "race" is omnipresent in American social, political, and legal discourse. The concept of "race" is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences reveals that the concept of "race" is elusive and has no reliable definition.

This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery, segregation, the Holocaust, and other human tragedies, the idea of "race" can perpetuate prejudices and misconceptions and serve as …

Ake V. Oklahoma: The Right To Expert Assistance In A Post-Daubert, Post-Dna World, Paul C. Giannelli

Faculty Publications

Although securing the services of defense experts to examine evidence, to advise counsel, and to testify at trial is frequently critical in modern criminal litigation, it was not until 1985 that the United States Supreme Court in Ake v. Oklahoma, 470 U.S. 68 (1985), recognized, for the first time, a constitutional right to expert assistance. In a system in which an overwhelming majority of criminal defendants are indigent, Ake was a landmark case. Nevertheless, the Ake Court could not have anticipated how the advent of DNA evidence would revolutionize forensic science or how the Daubert trilogy would alter the judicial …

A Statutory Approach To Criminal Law, Kevin C. Mcmunigal

Faculty Publications

Article suggests that learning about criminal statutes should be incorporated into teaching criminal law.

Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller

Faculty Publications

While the Lockerbie approach is currently out of vogue, are there nonetheless lessons from Lockerbie that policy makers can draw on in determining how to best use law as a weapon against terrorism in the future? To explore this important and timely question, the Frederick K. Cox International Law Center assembled a group of high level United Nations officers, former U.S. government officials, noted prosecutors and defense counsel, and prominent journalists and scholars for a day-long symposium at Case Western Reserve University School of Law on October 8, 2004, entitled "Terrorism on Trial." The conference, which was cosponsored by the …

The Lockerbie Terrorist Attack And Libya: A Retrospective Analysis, Steve Emerson

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller

Case Western Reserve Journal of International Law

No abstract provided.

State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall

Case Western Reserve Journal of International Law

No abstract provided.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

Lesser Evils In The War On Terrorism, Mark A. Drumbl

Case Western Reserve Journal of International Law

No abstract provided.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Terrorism - The Definitional Problem, Alex Schmid

Case Western Reserve Journal of International Law

No abstract provided.

Lockerbie: A Satisfactory Process But A Flawed Result, Robert Black

Case Western Reserve Journal of International Law

No abstract provided.

Beyond The Montreal Convention, John P. Grant

Case Western Reserve Journal of International Law

No abstract provided.

Leaving Wonderland: Distinguishing Terrorism From Other Types Of Crime, Jonathan Leiken

Case Western Reserve Journal of International Law

No abstract provided.

Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy

Case Western Reserve Journal of International Law

No abstract provided.

The Military Commissions - A Possible Strength Giving Way To A Probable Weakness - And The Required Fix, Gregory P. Noone, Diana C. Noone

Case Western Reserve Journal of International Law

No abstract provided.

On Military Commissions, Scott L. Silliman

Case Western Reserve Journal of International Law

No abstract provided.

Turning The Commerce Clause Challenge "On Its Face": Why Federal Commerce Clause Statutes Demand Facial Challenges, Nathaniel Stewart

Case Western Reserve Law Review

No abstract provided.

Originalism And The Affirmative Action Decisions, Douglas G. Smith

Case Western Reserve Law Review

No abstract provided.