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Full-Text Articles in Law
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Faculty Publications
During one permanently consequential decade in the history of the United States and the world, United States Supreme Court Justice Robert H. Jackson delivered three major lectures at the University of Buffalo. The last of these was Jackson's May 9, 1951, James McCormick Mitchell Lecture, "Wartime Security and Liberty under Law," which inaugurated this distinguished lecture series. Justice Jackson's first formal lecture at the University of Buffalo occurred on February 23, 1942, halfway through his first year as a Supreme Court Justice and just twelve weeks after the attack on Pearl Harbor brought the United States into World War II. …
Henry T. King, Jr., At Case, And On The Nuremberg Case, John Q. Barrett
Henry T. King, Jr., At Case, And On The Nuremberg Case, John Q. Barrett
Faculty Publications
Prof. Barrett reflects on his “teacher, colleague and friend for the past eight years,” Henry T. King, Jr. Through work at conferences, with the Robert H. Jackson Center and in many private discussions, Henry King became Prof. Barrett’s "Nuremberg colleague" in the academic and historical senses of that phrase. Henry also hoped and assumed that his friends at Case Western would, after his death, do right by his memory and convene a memorial event. Henry directed Prof. Barrett to attend on this occasion to speak about him and Case Western, and about him and Nuremberg.
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Faculty Publications
Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …
The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett
The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett
Faculty Publications
This lecture covers the background of Robert H. Jackson and the story of "Nuremberg," which is Jackson's Nuremberg. The program of this Nuremberg conference states that Prof. Barrett will speak about "The Crucial Role of Robert H. Jackson." In fact, there were multiple Jackson roles at Nuremberg—many, many roles and moments were encompassed in the undertaking that has come to be so significant historically that the primary, global meaning of the word "Nuremberg" today is, and probably always will be, the 1945-46 international trial of the principal surviving Nazi criminals. Justice Jackson's Nuremberg was over 15 months of full time …
The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf
The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf
Faculty Publications
There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf
Faculty Publications
It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …