Criminal Law Commons^™

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …

Human Right Issues Of Victims Of Violent Crimes: Restless Waiting For Recognition As Minority, Sukdeo Ingale

Sukdeo Ingale

The essay argues vary unique issue of protection of human rights of victims of violent crimes by recognizing their ‘minority’ status. Most of the legal systems recognize minority groups based on different basis like ethical, cultural, religious and linguistic identity, etc characteristics of the group. It is to be noted that there is no universally agreed definition as to which groups constitute minorities. The existence of minority is a question of fact which depends on various objective and subjective factors. Recently the focus of academic researcher is on the recognition of minority status on new grounds like sexuality, etc. Though …

The Arab Spring's Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake

Jillian Blake

In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …

Belisario Betancur Y La Ecuación Del Narcotráfico®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

El Palacio de Justicia: ¿Guerra de los Carteles de la Droga, Derecho Internacional Humanitario.? ¿Cuál fue rol del entonces Procurador General de la Nación: Dr Carlos Jimenez Gómez? ¿Qué pasó en la reunión de panamá?

Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons

Beth S. Lyons

Fair trial issues are usually a key part of any defense strategy – at trial or on appeal – but they serve an additional function at the international tribunals. They provide a “lever” for finding the truth. Fair trial guarantees – such as full disclosure of exculpatory material and other principles - make for truth telling; and they mitigate against the writing/re-writing history through judgments. Where there are fair trial violations, the likelihood of an accurate historical account, based on the evidence, is virtually non-existent. Hence, the struggle for fairness is a struggle for the truths.

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford

W. Warren H. Binford

This article considers how the United States could fulfill its international treaty obligations to support the full restoration of child pornography victims in the aftermath of the recent decision of the United States Supreme Court in Paroline v. United States. The article details how the United States provided leadership historically in creating a skeletal legal framework domestically and internationally to help combat child pornography and restore victims, and highlights how that framework is failing victims on a near-universal basis in an age dominated by technological innovation and globalization. The article proposes the adoption and implementation of effective domestic and international …

Confronting Child Sacrifice In Uganda: A Multi-Layered View, David B. Dennison, Heather Pate, Frieda Faith Letacie

David Brian Dennison

Child sacrifice is disturbingly commonplace in Uganda. Despite various efforts to combat this scourge, Ugandan children continue to suffer and die. The social, religious, economic and cultural roots that sustain child sacrifice in Uganda run deep. Engaging the challenge of eliminating child sacrifice requires a multi-layered assessment of the problem.

This paper begins by providing readers with a sense of scope and intensity of child sacrifice in Uganda. Next it catalogues certain duties and obligations relevant to child sacrifice arising from international and regional treaty commitments. The paper then presents the domestic legal framework relevant to child sacrifice matters and …