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Rwandan Gacaca: An Experiment In Transitional Justice, Maya Goldstein Bolocan
Rwandan Gacaca: An Experiment In Transitional Justice, Maya Goldstein Bolocan
Journal of Dispute Resolution
This paper argues that shifting the emphasis from the retributive nature of Gacaca to its restorative potential may, in the long term, offer better perspectives of peace and reconciliation to a deeply wounded society. It also argues that, where Gacaca retains its retributive element, it should do so while trying to respect the human rights of those brought before it. Part II of this paper briefly discusses the dominant model of transitional justice, namely the prosecutorial approach of criminal trials, and its effectiveness vis-A-vis alternatives that emphasize the search for truth and reconciliation instead of retribution. Part III provides a …
Two Heads Are Better Than One: Making A Case For The Either Party Viewpoint For Removal, Greta N. Hininger
Two Heads Are Better Than One: Making A Case For The Either Party Viewpoint For Removal, Greta N. Hininger
Missouri Law Review
Litigation is a game of strategy. Courts that value the amount in controversy solely by the plaintiff’s viewpoint encourage plaintiffs to engage in gamesmanship and forum shopping, which unfairly prejudices defendants. In light of the ambiguity of the removal statutes and the lack of clear precedent, the federal circuits have diverged in the debate over which viewpoints deserve consideration in removal actions. The three general approaches are to consider: (1) only the plaintiff’s viewpoint, (2) the viewpoint of the party seeking federal jurisdiction, and (3) the viewpoint of either party. This Law Summary suggests that the amount in controversy should …