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Criminal Law Commons

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Case Western Reserve University School of Law

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Articles 31 - 60 of 341

Full-Text Articles in Criminal Law

Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr Jan 2015

Clarify Terms And Definitions Relevant To Military Commission Prosecutions, Anna Victoria Quiñones Barr

War Crimes Memoranda

No abstract provided.


Cross-Border Distress Calls, Investigation And Potential Compensation, Chadwick P. Cleveland Jan 2015

Cross-Border Distress Calls, Investigation And Potential Compensation, Chadwick P. Cleveland

War Crimes Memoranda

No abstract provided.


Analyze The Practical Differences And Issues, If Any, In Prosecuting The Crimes Of Aiding The Enemy Under Article 104 Of The Ucmj, Treason, And Material Support For Terrorism. Has The Offense Of "Material Support For Terrorism," As Defined In The Military Commissions Act Of 2009 (10 U.S.C. § 950 T (27)), Been Tried By U.S. Military Commissions Or Foreign Military Tribunals Enforcing The Law Of War? Please Consider Whether The Ucmj/Mca Crime Of “Aiding The Enemy” 1) Is Comparable To Any International Offenses; 2) Analyze The Practical Differences And Issues , If Any, In Prosecuting The Crimes Of Aiding The Enemy (Under Article 104 Of The Ucmj) And Treason; 3) Is A Duty Of Allegiance Necessary To Prosecute Someone For The Ucmj Crime (Article 104) Of Aiding The Enemy; 4) Based On The Language Of The Offense Contained In The Ucmj And Manual For Courts-Martial (Governed By Executive Order), Can “Any Person” Regardless Of Military Status Actually Be Prosecuted In A Court Martial For Aiding The Enemy Under Ucmj Article 104; And 5) Analyze The Feasibility Of A Prosecutor In A Military Commission Charging An Alien With Article 104 Of The Ucmj, Taking Into Account Consideration Of Whether Or Not There Is A Duty Of Allegiance., Nicholas Noah Hossin Jan 2015

Analyze The Practical Differences And Issues, If Any, In Prosecuting The Crimes Of Aiding The Enemy Under Article 104 Of The Ucmj, Treason, And Material Support For Terrorism. Has The Offense Of "Material Support For Terrorism," As Defined In The Military Commissions Act Of 2009 (10 U.S.C. § 950 T (27)), Been Tried By U.S. Military Commissions Or Foreign Military Tribunals Enforcing The Law Of War? Please Consider Whether The Ucmj/Mca Crime Of “Aiding The Enemy” 1) Is Comparable To Any International Offenses; 2) Analyze The Practical Differences And Issues , If Any, In Prosecuting The Crimes Of Aiding The Enemy (Under Article 104 Of The Ucmj) And Treason; 3) Is A Duty Of Allegiance Necessary To Prosecute Someone For The Ucmj Crime (Article 104) Of Aiding The Enemy; 4) Based On The Language Of The Offense Contained In The Ucmj And Manual For Courts-Martial (Governed By Executive Order), Can “Any Person” Regardless Of Military Status Actually Be Prosecuted In A Court Martial For Aiding The Enemy Under Ucmj Article 104; And 5) Analyze The Feasibility Of A Prosecutor In A Military Commission Charging An Alien With Article 104 Of The Ucmj, Taking Into Account Consideration Of Whether Or Not There Is A Duty Of Allegiance., Nicholas Noah Hossin

War Crimes Memoranda

No abstract provided.


Prosecution Disclosure Obligations, Jeradon Z. Mura Jan 2015

Prosecution Disclosure Obligations, Jeradon Z. Mura

War Crimes Memoranda

No abstract provided.


If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya Jan 2015

If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya

War Crimes Memoranda

No abstract provided.


International Standards For Forensic Digital Evidence, Amar Dzaferovic Jan 2015

International Standards For Forensic Digital Evidence, Amar Dzaferovic

War Crimes Memoranda

No abstract provided.


How The United States Coast Guard Might Conduct Expedited Border Crossings On The Great Lakes In Cooperation With Canadian Authorities And Law Enforcement. Specifically Addressing How Current Agreements And Policies May Be Utilized In Order To Expedite Border Crossings On The Great Lakes And Additional Measures Which Can Be Taken To Specifically Address The Matter Through Express Agreement, Timothy R. Bierer Jan 2015

How The United States Coast Guard Might Conduct Expedited Border Crossings On The Great Lakes In Cooperation With Canadian Authorities And Law Enforcement. Specifically Addressing How Current Agreements And Policies May Be Utilized In Order To Expedite Border Crossings On The Great Lakes And Additional Measures Which Can Be Taken To Specifically Address The Matter Through Express Agreement, Timothy R. Bierer

War Crimes Memoranda

No abstract provided.


Universal Definition Of Piracy & Improvements In International Coorporation And Prosecution, Brad Pyle Jan 2015

Universal Definition Of Piracy & Improvements In International Coorporation And Prosecution, Brad Pyle

War Crimes Memoranda

No abstract provided.


The Standard That Should Be Used By The U.S. Coast Guard In Regard To Its Provision Of Boarding Vessels Arriving To The U.S. Coasts, Silvia Garcia Ausin Jan 2015

The Standard That Should Be Used By The U.S. Coast Guard In Regard To Its Provision Of Boarding Vessels Arriving To The U.S. Coasts, Silvia Garcia Ausin

War Crimes Memoranda

No abstract provided.


Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce Jan 2015

Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce

War Crimes Memoranda

No abstract provided.


How Long Can We Suspend The Jones Act For Port Emergencies? What Impacts Does The Jones Act Have On International Voyages On The Great Lakes? What Changes To Either Canadian Or U.S. Law Are Necessary To Enhance Commerce On The Great Lakes? What Impacts Would Those Changes Have On The U.S. Domestic Fleet? What Are The Limitations On The Tug-Barge Manning Requirements?, Alpha Taylor Jan 2015

How Long Can We Suspend The Jones Act For Port Emergencies? What Impacts Does The Jones Act Have On International Voyages On The Great Lakes? What Changes To Either Canadian Or U.S. Law Are Necessary To Enhance Commerce On The Great Lakes? What Impacts Would Those Changes Have On The U.S. Domestic Fleet? What Are The Limitations On The Tug-Barge Manning Requirements?, Alpha Taylor

War Crimes Memoranda

No abstract provided.


Finality Of Trial Judgment When Accused Dies Or Is Found Mentally Unfit Before Final Appellate Verdict, Katelyn R. Pierce Jan 2015

Finality Of Trial Judgment When Accused Dies Or Is Found Mentally Unfit Before Final Appellate Verdict, Katelyn R. Pierce

War Crimes Memoranda

No abstract provided.


Ballast Water Regulation In The Great Lakes, Erin James Jan 2015

Ballast Water Regulation In The Great Lakes, Erin James

War Crimes Memoranda

No abstract provided.


Attribution Evidence Of Cell Phone Data, Sana Haider Jan 2015

Attribution Evidence Of Cell Phone Data, Sana Haider

War Crimes Memoranda

No abstract provided.


Is The Test For Fitness To Plead The Same During The Appeal Process As The Trial Process At The Eccc?, Khali Blankenship Jan 2015

Is The Test For Fitness To Plead The Same During The Appeal Process As The Trial Process At The Eccc?, Khali Blankenship

War Crimes Memoranda

No abstract provided.


Computer Fraud And Abuse Or Prosecutorial Fraud And Abuse: Time For Change, Victor Manolache Jan 2015

Computer Fraud And Abuse Or Prosecutorial Fraud And Abuse: Time For Change, Victor Manolache

Journal of Law, Technology, & the Internet

“The [Computer Fraud and Abuse Act] CFAA’s scope has been expanded through revisions. Today, the CFAA is over-inclusive of criminal activity, creating over-criminalization that is only checked by prosecutorial discretion... This Note shall explain both problems and offer a possible solution to each. Section I discusses the history of computer crime law. Section II presents the circuit split and offers a solution. Section III discusses consequences of the CFAA’s bright line approach. Section IV proposes an amendment to the CFAA that creates an exception for types of uses that, although unauthorized, should not merit criminal prosecution. Aaron Swartz’ case is …


The Right To Appeal, Julia Liston Jan 2014

The Right To Appeal, Julia Liston

War Crimes Memoranda

No abstract provided.


Categorization Of Detainees And Standards Of Detention, Ellen Van Cleave Jan 2014

Categorization Of Detainees And Standards Of Detention, Ellen Van Cleave

War Crimes Memoranda

No abstract provided.


Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts, Alexis Lee Krivoshik Jan 2014

Does Political Pressure Necessarily Amount To Political Interference. Specifically Addressing What Can Be Done To Alleviate Worries That Political Pressure Amounts To Political Interference Within The International Courts, Alexis Lee Krivoshik

War Crimes Memoranda

No abstract provided.


Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas Jan 2014

Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas

War Crimes Memoranda

No abstract provided.


Us-Visit System, Malea R. Hetrick Jan 2014

Us-Visit System, Malea R. Hetrick

War Crimes Memoranda

No abstract provided.


Under Domestic And International Law, When Does Non-International Armed Conflict Begin, And When Does It End?, Katherine A. Mozynski Jan 2014

Under Domestic And International Law, When Does Non-International Armed Conflict Begin, And When Does It End?, Katherine A. Mozynski

War Crimes Memoranda

No abstract provided.


Accelerated Formation Of Customary International Law, Michael P. Scharf Jan 2014

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."


Obligation To Proceed To The Second Trial And The Potential Defense Argument, Kyunghwa Kim Jan 2013

Obligation To Proceed To The Second Trial And The Potential Defense Argument, Kyunghwa Kim

War Crimes Memoranda

No abstract provided.


Comparative Analysis Of Global Domestic Terrorism Sentencing Laws, Evan Charles Pelecky Jan 2013

Comparative Analysis Of Global Domestic Terrorism Sentencing Laws, Evan Charles Pelecky

War Crimes Memoranda

No abstract provided.


Political Pressure And Political Interference In The Function Of The Judiciary, Nathaniel T. Dreyfuss Jan 2013

Political Pressure And Political Interference In The Function Of The Judiciary, Nathaniel T. Dreyfuss

War Crimes Memoranda

No abstract provided.


Piracy Definitions In Domestic And Regional Systems, The Pilpg Jan 2013

Piracy Definitions In Domestic And Regional Systems, The Pilpg

War Crimes Memoranda

No abstract provided.


Obligations Of A Country Where Trafficking For Ransom Occurs, Morgan Kearse Jan 2013

Obligations Of A Country Where Trafficking For Ransom Occurs, Morgan Kearse

War Crimes Memoranda

No abstract provided.


A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee Jan 2013

A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee

War Crimes Memoranda

No abstract provided.


Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski Jan 2013

Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski

War Crimes Memoranda

No abstract provided.