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Articles 1 - 30 of 36
Full-Text Articles in Criminal Law
Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan
Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan
Lucian E Dervan
Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.
International Justice, James George
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
All Faculty Scholarship
No abstract provided.
International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu
International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu
Pace International Law Review
No abstract provided.
A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder
A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Privileges And Immunities Of The International Criminal Court: Are They Sufficient For The Proper Functioning Of The Court Or Is There Still Room For Improvement, Stuart Beresford
San Diego International Law Journal
[T]o determine whether the ICC has the privileges and immunities necessary to ensure the proper functioning of the organization, this Article will first discuss the historical development of privileges and immunities for international organizations, including the legal foundation of the privileges and immunities of the Court. It will then examine the privileges and immunities of the organization as a legal entity, before turning to the privileges and immunities accorded to the various categories of individuals who have to attend the institution in an official capacity. Lastly, because a number of other categories of individuals play an essential role in the …
Political Psychology In The Contemporary Political World, Ibpp Editor
Political Psychology In The Contemporary Political World, Ibpp Editor
International Bulletin of Political Psychology
This edition of IBPP explores several recent political events from the vantage point of political psychological perspectives and constructs.
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
Faculty Articles and Other Publications
The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
Michigan Journal of International Law
This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …
The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy
The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy
Michigan Journal of International Law
According to the doctrine of State sovereignty each State has the right to exercise its jurisdiction over crimes committed in its territory-known as the territoriality principle. Even if the crimes committed are of a type that affects the international community as a whole, States are often hesitant to have their own nationals tried by an international judicial organ. History demonstrates that States rarely waived this right, which is inherent to their sovereignties, and did not rely exclusively on international justice. Rather they always preferred to exercise their jurisdiction exclusively, and only occasionally, when coerced by special circumstances, have they accepted …
Can Additional Protocols I & Ii Apply To The Same Conflict & To Different Parties Within That Conflict?, Ratna Kancherla
Can Additional Protocols I & Ii Apply To The Same Conflict & To Different Parties Within That Conflict?, Ratna Kancherla
War Crimes Memoranda
No abstract provided.
Comparative Jurisprudence On Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions For The International Criminal Tribunal For Rwanda, The International Criminal Tribunal For Yugoslavia, England (And Wales), Scotland, South Africa, Australia, New Zealand, Canada, And The United States, Cwru Law
War Crimes Memoranda
No abstract provided.
Sentencing: An Assessment Of Rule 101 Of The Ictr Rules Of Procedure And Evidence, Federal Sentencing Laws In England, France And Other Countries As Well As In Prisoner-Receiving Countries, And The Kayishema/Ruzindana Judgement., Dora Kripapuri
War Crimes Memoranda
No abstract provided.
Witness Protection, Sarah Suscinski
The International Criminal Court: A Contextual Study Of A Nascent Court Within The International Criminal Legal System, Ronald Ian Mackay Rennie
The International Criminal Court: A Contextual Study Of A Nascent Court Within The International Criminal Legal System, Ronald Ian Mackay Rennie
LLM Theses
The 'Rome Statute' of the International Criminal Court (ICC) represents an exciting and revolutionary development in the field of international law generally and international criminal law specifically. Unfortunately there are many ways in which academics, the media and political decision-makers misinterpret its intent and its nature. This thesis considers these traps and embarks upon an analysis of international criminal law by considering the content of the Statute and how it proceeds to establish an International Criminal Court, capable of bringing those most serious perpetrators to account. The subject matter of the ICC reveals a Court with a very limited jurisdiction, …
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Scholarly Articles
This Article posits that the September 11 attacks constitute nonisolated warlike attacks undertaken against a sovereign state by individuals from other states operating through a non-state actor with some command and political structure. This means that the attacks contain elements common to both armed attacks and criminal attacks. The international community largely has characterized the attacks as armed attacks. This characterization evokes a legal basis for the use of force initiated by the United States and United Kingdom against Afghanistan on October 7, 2001. Notwithstanding the successes of the military campaign and the need for containment of terrorist activity, this …
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Presentations
Panel discussion.
Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks
Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks
War Crimes Memoranda
No abstract provided.
Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg
Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg
War Crimes Memoranda
No abstract provided.
Contempt Proceedings: Who Has The Onus For Investigating And Initiating The Charges Of Contempt – The Prosecutor, The Judge Or A Third Party?, Jennifer M. Wetmore
Contempt Proceedings: Who Has The Onus For Investigating And Initiating The Charges Of Contempt – The Prosecutor, The Judge Or A Third Party?, Jennifer M. Wetmore
War Crimes Memoranda
No abstract provided.
The Extent Of The Prosecutor’S Duty To Disclose Evidence In The Charge Of Genocide, Uma Arunachalam
The Extent Of The Prosecutor’S Duty To Disclose Evidence In The Charge Of Genocide, Uma Arunachalam
War Crimes Memoranda
No abstract provided.
Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews
Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews
War Crimes Memoranda
No abstract provided.
The Tu Quoque Defense, Stephanie Berlin
80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey
80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii
Vanderbilt Journal of Transnational Law
This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …
Internationalised Criminal Trial And Access To Justice, Mark Findlay
Internationalised Criminal Trial And Access To Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
The influence of a human rights paradigm over the recent development of local and regional criminal justice concerns throughout Europe is indisputable. Essential to this is the commitment that crucial lay parties within the justice process (such as the accused and the victims) should have adequate access to common procedural protections of criminal justice. This paper takes this trend and measures its influence on the development of international criminal justice, the trial in particular. At the very least we argue that parallel concerns about fair trial in the international procedural context will endorse the importance of a fair trial paradigm …
The War On Terrorism And The End Of Human Rights, David Luban
The War On Terrorism And The End Of Human Rights, David Luban
Georgetown Law Faculty Publications and Other Works
In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt
One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt
Faculty Works
No abstract provided.
News From The International Criminal Tribunals, Cecile E.M. Meijer
News From The International Criminal Tribunals, Cecile E.M. Meijer
Human Rights Brief
No abstract provided.