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Articles 1 - 13 of 13
Full-Text Articles in Law
“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt
“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt
Genocide Studies and Prevention: An International Journal
This article exposes the political underpinnings of the term “genocide of the Soviet people,” introduced and actively promoted in Russia since 2019. By reclassifying mass crimes committed by the Nazis and their accomplices against the civilian population—specifically Slavic—as genocide, Russian courts effectively engage in adjudication of the history of the Second World War. In the process, genocide trials, ongoing in twenty-five Russian provinces and five occupied Ukrainian territories, present no new evidence or issue new indictments, thus fulfilling none of the objectives of a standard criminal investigation. The wording of the verdicts, and a comprehensive political project put in place …
Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law
Changemakers: Master Of Studies In Law: 'Law Isn't A Foreign Language Anymore', Roger Williams University School O Law
Life of the Law School (1993- )
No abstract provided.
The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide
The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide
Journal of African Conflicts and Peace Studies
At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. …
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
Narrative And Drama In The American Trial, Robert P. Burns
Narrative And Drama In The American Trial, Robert P. Burns
Faculty Working Papers
This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.
What Will We Lose If The Trial Vanishes?, Robert P. Burns
What Will We Lose If The Trial Vanishes?, Robert P. Burns
Faculty Working Papers
The number of trials continues to decline andfederal civil trials have almost completely disappeared. This essay attempts to address the significance of this loss, to answer the obvious question, "So what?" It argues against taking a resigned or complacent attitude toward an important problem for our public culture. It presents a short description of the trial's internal structure, recounts different sorts of explanations, and offers an inventory of the kinds of wounds this development would inflict.
The Death Of The American Trial, Robert P. Burns
The Death Of The American Trial, Robert P. Burns
Faculty Working Papers
This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.
Commonwealth Of Kentucky V. William P. King, Et Al. (Sc 1744), Manuscripts & Folklife Archives
Commonwealth Of Kentucky V. William P. King, Et Al. (Sc 1744), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 1744. Record of trial held in Simpson County, Kentucky of William P. King, Charles Smith, Abraham Owen and seven others for the murder of Harvey King. Defendants and victim had all participated in a previous train robbery. Also includes a photocopy of The Life of King and Owen, Written by Themselves, Revised and Prepared by Rev. L. M. Horn, Explaining the Railroad Robbery and Murder of Harvey King (Louisville, Ky., 1867); and “‘A High Handed Outrage:’ The King & Owens Railroad Robbery of 1866,” a paper written …
Reverse Bifurcation, Dru Stevenson
Reverse Bifurcation, Dru Stevenson
ExpressO
Reverse bifurcation is a trial procedure in which the jury determines damages first, before determining liability. The liability phase of the trial rarely occurs, because the parties usually settle once they know the value of the case. This procedure is already being used in thousands of cases – nearly all the asbestos and Fen-phen cases – but this is the first academic article devoted to the subject. This article explains the history of the procedure and analyzes why it encourages settlements, simplifies jury instructions, and produces better outcomes for the parties.
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …
The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth
The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth
Research Collection Yong Pung How School Of Law
The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …