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Articles 1 - 30 of 48
Full-Text Articles in Criminal Law
Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann
Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann
University of Massachusetts Law Review
To squarely address this decisional quagmire, this article examines the binding effect of ICJ orders, entered pursuant to its compulsory jurisdiction, on American courts; earlier decisions of the Supreme Court penalizing foreign nationals for failing to timely raise individual treaty claims; the effect on treaty enforcement in domestic courts after the executive branch’s recent foreign policy decision to withdraw from compulsory ICJ jurisdiction; the current policy disputes dividing the United States and the ICJ; and, the national interest, or lack thereof, in treaty compliance. The article concludes that the government’s current claim that a “long standing presumption” exists to prevent …
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck
Georgia Journal of International & Comparative Law
No abstract provided.
Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher
Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher
Georgia Journal of International & Comparative Law
No abstract provided.
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
Georgia Journal of International & Comparative Law
No abstract provided.
A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman
A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman
Pace International Law Review
This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law—international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinct claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely …
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake
Pace International Law Review
Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …
Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener
Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener
Pace International Law Review
This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Pace International Law Review
The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …
An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez
An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez
Georgia Journal of International & Comparative Law
No abstract provided.
Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan
Georgia Journal of International & Comparative Law
No abstract provided.
The Sex Tourism Industry Spreads To Costa Rica And Honduras: Are These Countries Doing Enough To Protect Their Children From Sexual Exploitation?, Nancy Beyer
Georgia Journal of International & Comparative Law
No abstract provided.
The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson
The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner
The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner
Georgia Journal of International & Comparative Law
No abstract provided.
Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson
Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson
Georgia Journal of International & Comparative Law
No abstract provided.
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier
The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier
Georgia Journal of International & Comparative Law
No abstract provided.
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
Georgia Journal of International & Comparative Law
No abstract provided.
International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney
International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney
Georgia Journal of International & Comparative Law
No abstract provided.
Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker
Georgia Journal of International & Comparative Law
No abstract provided.
The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal
The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal
Georgia Journal of International & Comparative Law
No abstract provided.
In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding
In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding
Georgia Journal of International & Comparative Law
No abstract provided.
The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott
The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott
Georgia Journal of International & Comparative Law
No abstract provided.
Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton
Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton
Georgia Journal of International & Comparative Law
No abstract provided.
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Georgia Journal of International & Comparative Law
No abstract provided.
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor
Georgia Journal of International & Comparative Law
No abstract provided.
"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor
"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor
Georgia Journal of International & Comparative Law
No abstract provided.
A Fistful Of Dollars: "Operation Casablanca" And The Impact Of Extraterritorial Enforcement Of The United States Money Laundering Law, Michael D. Hoffer
A Fistful Of Dollars: "Operation Casablanca" And The Impact Of Extraterritorial Enforcement Of The United States Money Laundering Law, Michael D. Hoffer
Georgia Journal of International & Comparative Law
No abstract provided.
Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett
Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett
Georgia Journal of International & Comparative Law
No abstract provided.