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Articles 1 - 30 of 55
Full-Text Articles in Law
Foreword, Madeline H. Morris
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
Law and Contemporary Problems
While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.
Alternative Responses To Serious Human Rights Abuses: Of Prosecution And Trust Commissions, Stephan Landsman
Alternative Responses To Serious Human Rights Abuses: Of Prosecution And Trust Commissions, Stephan Landsman
Law and Contemporary Problems
No abstract provided.
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Law and Contemporary Problems
One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.
Editors’ Introductory Note To Appendices B And C
Editors’ Introductory Note To Appendices B And C
Law and Contemporary Problems
No abstract provided.
Appendix B: The Administration Of Justice And The Human Rights Of Detainees: Un Document E/Cn.4/Sub.2/1997/20, Louis Joinet
Appendix B: The Administration Of Justice And The Human Rights Of Detainees: Un Document E/Cn.4/Sub.2/1997/20, Louis Joinet
Law and Contemporary Problems
No abstract provided.
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
Law and Contemporary Problems
There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.
Introduction, M. Cherif Bassiouni
Introduction, M. Cherif Bassiouni
Law and Contemporary Problems
Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.
International Guidelines For The Creation And Operation Of Trust Commissions: A Preliminary Proposal, Priscilla B. Hayner
International Guidelines For The Creation And Operation Of Trust Commissions: A Preliminary Proposal, Priscilla B. Hayner
Law and Contemporary Problems
No abstract provided.
Coming To Terms With Atrocities: A Review Of Accountability Mechanisms For Mass Violations Of Human Rights, Neil J. Kriz
Coming To Terms With Atrocities: A Review Of Accountability Mechanisms For Mass Violations Of Human Rights, Neil J. Kriz
Law and Contemporary Problems
No abstract provided.
Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis
Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis
Law and Contemporary Problems
Lustration laws are used in the nations of the former communist bloc to determine whether suspected individuals collaborated with the former state security service. An overview is presented of the current status of such laws.
International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris
International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris
Law and Contemporary Problems
Reasons for a consistent pattern of compromise when it comes to impunity for international crimes and human rights violations are discussed. Guidelines are presented for facilitating accountability for these crimes.
The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint
The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint
Law and Contemporary Problems
No abstract provided.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Law and Contemporary Problems
The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.
Appendix C: Study Concerning The Right To Restitution, Compensation, And Rehabilitation For Victims Of Gross Violations Of Human Rights And Fundamental Freedoms: Un Document E/Cd.4/Sub.2/1993/8, Theo Van Boven
Law and Contemporary Problems
No abstract provided.
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Law and Contemporary Problems
Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.
Appendix A: Conflict, Conflict Victimization, And Legal Redress, 19451996, Jennifer L. Balint
Appendix A: Conflict, Conflict Victimization, And Legal Redress, 19451996, Jennifer L. Balint
Law and Contemporary Problems
No abstract provided.
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Law and Contemporary Problems
The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Law and Contemporary Problems
Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Law and Contemporary Problems
Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Law and Contemporary Problems
The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.
Foreword, Joe S. Cecil, Gerald T. Wetherington
Foreword, Joe S. Cecil, Gerald T. Wetherington
Law and Contemporary Problems
No abstract provided.
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Law and Contemporary Problems
Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Law and Contemporary Problems
A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Law and Contemporary Problems
Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Law and Contemporary Problems
Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Law and Contemporary Problems
Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.
A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil
A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil
Law and Contemporary Problems
No abstract provided.