Law Commons^™

The Writ Of Habeas Corpus And The Special Court For Sierra Leone: Addressing An Unforeseen Problem In The Establishment Of A Hybrid Court, Anthony O'Rourke

Anthony O'Rourke

No abstract provided.

Laws Of Image: Privacy And Publicity In America, Samantha Barbas

Samantha Barbas

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …

Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Charles C. Jalloh

The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …

Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky

Aviva Abramovsky

Although it has long been in vogue to discredit the judiciary, it remains the most trusted of the three branches of government. However, empirical evidence supports the idea that judicial campaign donations affect judicial decision making. The reality of political campaigns under Citizens United has the potential to further undermine the public perception of judges and to enhance the potential for corruption of the judiciary.

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.

For Shame: When High-Profile Shaming Is The Only Way To Get Things Discussed And Done, Kerri Lynn Stone

Kerri Stone

In recent years, the sports world has experienced a complex relationship with sex discrimination and bullying. On one hand, well-publicized incidents of bullying, domestic violence, discrimination, and abuse have operated to alienate players, teams, and leagues from many of their fans. In some cases, these incidents have even led to rehabilitative public relations campaigns to combat the damage done to their public image. On the other hand, the fact that so many high profile incidents have occurred in such a public, much-talked-about sphere has actually served to aerate and vet issues in the court of popular opinion that would otherwise …

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Charles C. Jalloh

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …

Africa And The International Criminal Court: Collision Course Or Cooperation?, Charles Chernor Jalloh

Charles C. Jalloh

The relationship between Africa and the International Criminal Court (ICC) was cordial for many years. However, since the decisions of the United Nations Security Council to invoke its special powers to impose the Court on Sudan and Libya, African States acting through their regional body - the African Union - have adopted numerous resolutions claiming that the ICC maybe impeding, rather than assisting, their efforts to restore peace in several ongoing conflicts and transitional situations on the continent. In this invited lecture, given as the first RJR Distinguished Visiting Professor Lecture at North Carolina Central University School of Law in …

The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito

Scott DeVito

No abstract provided.

Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud

Jonathan R. K. Stroud

Tasked in 2011 with creating powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeal Board—set to creating a fast-paced trial with limited discovery and concentrated efficiency. For two years, the proceedings have proved potent, holding unpatentable many of the claims that reached decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. The AIA exempted institution decisions from appellate …

Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker

Thomas E. Baker

No abstract provided.

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Erwin Chemerinsky

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its …

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Defining The Role Of The Federal Courts, Erwin Chemerinsky, Larry Kramer

Erwin Chemerinsky

No abstract provided.

Civil Rights, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

A Failure To Communicate, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

2003-2004 Supreme Court Update, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford

Stuart Ford

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has persisted for years …

The Inadmissibility Of Unreliable Self-Inculpatory Statements, Siyuan Chen, Nicholas Poon

Siyuan CHEN

No abstract provided.

Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng

Siyuan CHEN

When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …

Prosecutorial Discretion Revisited, Siyuan Chen

Siyuan CHEN

No abstract provided.

The Judicial Duty To Give Reasons: Thong Ah Fat V Public Prosecutor [2011] Sgca 65, Siyuan Chen

Siyuan CHEN

The accused was charged under the Misuse of Drugs Act after being found with 142.41 grams of diamorphine at the Woodlands Checkpoint. The High Court Judge found the accused guilty and sentenced him to death in a brief judgment of five paragraphs. The Court of Appeal, however, ordered a retrial as it was of the view that the Judge’s reasoning was “unclear” and the “judicial duty to give reasoned decisions” was not discharged

The Murder Of Black Males In A World Of Non-Accountability: The Surreal Trial Of George Zimmerman For The Killing Of Trayvon Martin, Mark S. Brodin

Mark S. Brodin

A critique of the "prosecution" of George Zimmerman for the murder of Trayvon Martin, concluding that the effort was botched from the beginning, tragically missing an early opportunity to hold killers of unarmed black youth accountable.

"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt

Andrew D. Bradt

Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner

Max Minzner

No abstract provided.