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Full-Text Articles in Law

Words Not War: A Letter From The Netherlands, Nancy Amoury Combs Sep 2019

Words Not War: A Letter From The Netherlands, Nancy Amoury Combs

Nancy Combs

A report from Holland, where "the most significant arbitration body in history" has devoted 16 years to mediating legal matters between two hostile nations: the United States and the Republic of Iran.


Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs Sep 2019

Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs Sep 2019

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Nancy Combs

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …


Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs Sep 2019

Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs

Nancy Combs

It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …


Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs Sep 2019

Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs

Nancy Combs

In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes …


Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs Sep 2019

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Profile: Judge George H. Aldrich, Nancy Amoury Combs Sep 2019

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs Sep 2019

Legitimizing International Criminal Justice: The Importance Of Process Control, Nancy Amoury Combs

Nancy Combs

No abstract provided.


On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs Sep 2019

On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs

Nancy Combs

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …


Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Sep 2019

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Nancy Combs

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …


International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs Sep 2019

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Nancy Combs

No abstract provided.


International Courts And Tribunals, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman Sep 2019

International Courts And Tribunals, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Nancy Combs

This article reviews and summarizes significant developments in 2004 concerning international courts and tribunals, particularly events relating to tbe International Court of Justice, tbe United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, and tbe Claims Resolution Tribunal. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of tbe Sea, and tbe World Trade Organization dispute settlement system and other trade dispute settlement systems are detailed in other articles in this issue.


Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, Nancy Amoury Combs Sep 2019

Justice Kennedy’S Controversial Judicial Philosophy, Described By A Former Clerk, Nancy Amoury Combs

Nancy Combs

No abstract provided.


International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs Sep 2019

International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs

Nancy Combs

No abstract provided.


International Courts And Tribunals, Lee M. Caplan, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Cesare P.R. Romano Sep 2019

International Courts And Tribunals, Lee M. Caplan, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Cesare P.R. Romano

Nancy Combs

This article summarizes significant developments in 2006 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the Permanent Court of Arbitration, the Iran-U.S. Claims Tribunal, the Eritrea-Ethiopia Claims Commission, and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. This article covers the period of activity from December 1, 2005, to November 30, 2006.


International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman Sep 2019

International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman

Nancy Combs

This article reviews and summarizes significant developments in 2002 involving international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal, and the International Commission on Holocaust Era Insurance Claims. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems are detailed in other articles in this …


International Courts And Tribunals, Nancy Amoury Combs, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman Sep 2019

International Courts And Tribunals, Nancy Amoury Combs, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Nancy Combs

This article reviews and summarizes significant developments in 2003 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal and the Claims Resolution Tribunal. Other articles in this issue detail significant developments relating to the International Criminal Court, the International Criminal Tribunals for Rwanda and the former Yugoslavia, the proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems.


Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs Sep 2019

Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs

Nancy Combs

International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines …


Establishing The International Criminal Court, Nancy Amoury Combs Sep 2019

Establishing The International Criminal Court, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Evidence, Nancy Amoury Combs Sep 2019

Evidence, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs Sep 2019

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs Sep 2019

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Book Review Of Fraudulent Evidence Before Public International Tribunals: The Dirty Stories Of International Law, Nancy Amoury Combs Sep 2019

Book Review Of Fraudulent Evidence Before Public International Tribunals: The Dirty Stories Of International Law, Nancy Amoury Combs

Nancy Combs

No abstract provided.


"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs Sep 2019

"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Diplomatic Adjudication, Nancy Amoury Combs Sep 2019

Diplomatic Adjudication, Nancy Amoury Combs

Nancy Combs

No abstract provided.