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Articles 1 - 30 of 38

Full-Text Articles in Law

Expert Witnesses, Kimberly M. Miles Jan 2001

Expert Witnesses, Kimberly M. Miles

War Crimes Memoranda

No abstract provided.


Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies Jan 2001

Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies

War Crimes Memoranda

No abstract provided.


A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg Jan 2001

A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg

War Crimes Memoranda

No abstract provided.


Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh Jan 2001

Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh

War Crimes Memoranda

No abstract provided.


The Concept Of Withdrawal From A Conspiracy, Tammy Lopez Jan 2001

The Concept Of Withdrawal From A Conspiracy, Tammy Lopez

War Crimes Memoranda

No abstract provided.


The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson Jan 2001

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.


Labor Law Reform--Southern Africa, Sarah Christie Jan 2001

Labor Law Reform--Southern Africa, Sarah Christie

Case Western Reserve Journal of International Law

No abstract provided.


The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding Jan 2001

The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding

War Crimes Memoranda

No abstract provided.


The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo Jan 2001

The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo

War Crimes Memoranda

No abstract provided.


Undue Delay, Kelly M. Before Jan 2001

Undue Delay, Kelly M. Before

War Crimes Memoranda

No abstract provided.


The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton Jan 2001

The Balancing Of The Rights Of The Accused Against The Rights Of A Witness In Regard To Anonymous Testimony., Anna M. Haughton

War Crimes Memoranda

No abstract provided.


Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa Jan 2001

Superior Responsibility Absent The Subordinate Being Formally Charged, Chad Frederick Affsa

War Crimes Memoranda

No abstract provided.


Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel Jan 2001

Surrender Of Accused By Domestic States To The Ictr, Agnes Escurel

War Crimes Memoranda

No abstract provided.


The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi Jan 2001

The Decision By The Appeals Chamber In Jelisić Not To Remit The Case For Trial After Reversing A Mid-Trial Acquittal, Gregory P. Lombardi

War Crimes Memoranda

No abstract provided.


The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non-party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States actually …


The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …


International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson Jan 2001

International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.


Burger-Fischer V. Degussa Ag: U.S. Courts Allow Siemens And Degussa To Profit From Holocaust Slave Labor, Kara C. Ryf Jan 2001

Burger-Fischer V. Degussa Ag: U.S. Courts Allow Siemens And Degussa To Profit From Holocaust Slave Labor, Kara C. Ryf

Case Western Reserve Journal of International Law

No abstract provided.


Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss Jan 2001

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article


Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf Jan 2001

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …


Immigration At The Turn Of The New Century, Peter H. Schuck Jan 2001

Immigration At The Turn Of The New Century, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.


Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski Jan 2001

Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski

Case Western Reserve Journal of International Law

No abstract provided.


Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov Jan 2001

Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov

Case Western Reserve Journal of International Law

No abstract provided.


Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson Jan 2001

Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson

Case Western Reserve Journal of International Law

comment on the Markus article


Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub Jan 2001

Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub

Case Western Reserve Journal of International Law

This is called an article in the print version, but it appears to be (a note) written by a law student.


Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield Jan 2001

Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield

Case Western Reserve Journal of International Law

No abstract provided.


Employment And Labor Law Reform In New Zealand, Richard A. Epstein Jan 2001

Employment And Labor Law Reform In New Zealand, Richard A. Epstein

Case Western Reserve Journal of International Law

No abstract provided.


Kosovo And The Law Of Humanitarian Intervention, John J. Merriam Jan 2001

Kosovo And The Law Of Humanitarian Intervention, John J. Merriam

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 33 Issue 1 (2001) Jan 2001

Masthead, Volume 33 Issue 1 (2001)

Case Western Reserve Journal of International Law

No abstract provided.


Volume 33 Issue 1 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 1 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.