Law Commons^™

Human Rights Due Diligence, Joanna Kulesza

William & Mary Bill of Rights Journal

Due diligence is a well-recognized, deliberately flexible standard in international law. It has been introduced to complement the system of state responsibility and the international liability framework of commitments. The latter has provided more detail to the understanding of due diligence. Together, these two systems allow for a comprehensive reading and implementation of due diligence in international law.

Two international legal regimes dictate due diligence requirements: the law on international liability and that of the law of state responsibility. These two regimes have been the focus of the United Nations' (UN) International Law Commission (ILC) since 1947, resulting in two …

Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld

William & Mary Bill of Rights Journal

No abstract provided.

Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson

William & Mary Bill of Rights Journal

This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect …

Charter Cities, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers

William & Mary Bill of Rights Journal

No abstract provided.

Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter

William & Mary Bill of Rights Journal

By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.

However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford

William & Mary Bill of Rights Journal

No abstract provided.

Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl

William & Mary Bill of Rights Journal

No abstract provided.

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes

William & Mary Bill of Rights Journal

No abstract provided.

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.

Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi

William & Mary Bill of Rights Journal

No abstract provided.

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

William & Mary Bill of Rights Journal

No abstract provided.

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.

The U.S.-China Rule Of Law Initiative, Paul Gewirtz

William & Mary Bill of Rights Journal

No abstract provided.

The Investigation And Prosecution Of White-Collar Crime: International Challenges And The Legal Tools Available To Address Them, Thomas G. Snow

William & Mary Bill of Rights Journal

No abstract provided.

Peoples Divided: The Application Of United States Constitutional Protections In International Criminal Law Enforcement, Ian R. Conner

William & Mary Bill of Rights Journal

In an age of globalization, criminal activity too has become internationalized. The response from the United States and other countries has been a growing number of treaties, international accords, and multinational law enforcement programs. This Note addresses the extent to which these international agreements have impacted the rights of the accused both in the United States and abroad