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Full-Text Articles in Law
Accelerated Formation Of Customary International Law, Michael P. Scharf
Accelerated Formation Of Customary International Law, Michael P. Scharf
Faculty Publications
This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."
On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin
On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin
Faculty Publications
At a Bio-Terrorism Conference at Case Western Reserve University School of Law on March 31, 2006, the government participants were asked what they would do if a superior instructed them not to disclose information to the public about the likely grave health affects of an ongoing bio-terrorist attack. In response, they indicated that they would be reluctant to become a "whistleblower." This is not surprising since, despite the federal and state laws that purport to facilitate such whistleblowing for the public good, government whistleblowers routinely have faced loss of promotion, harassment, firing, and in some instances criminal prosecution when they …
Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf
Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf
Faculty Publications
On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.