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Articles 1 - 9 of 9

Full-Text Articles in Law

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder Aug 2002

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder May 2002

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto Jan 2002

Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …


The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling Jan 2002

The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling

Theodor JR Schilling

This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …


Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom Dec 2001

St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Los Derechos Humanos Y La Bioética, Enrique Varsi Dec 2001

Los Derechos Humanos Y La Bioética, Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.


The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson Dec 2001

The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson

Darla W. Jackson

No abstract provided.


Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto Dec 2001

Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …