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Articles 1591 - 1620 of 2919
Full-Text Articles in Entire DC Network
On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon
On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon
Faculty Publications
Current trends in international legal scholarship have shifted from a paradigm of state actors working within recognized sources of international law to one that includes networks of domestic regulators that develop and implement best practices or standards on a global basis. The new paradigm can be seen in operation in the efforts by onshore jurisdictions (most of which are financial centers themselves) to restrict the activities of offshore financial centers. Onshore jurisdictions enlisted these regulatory networks, as well as key international organizations, such as the Organization for Economic Co-operation and Development and the International Monetary Fund, to advance new standards …
Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, Robert Currie
Articles, Book Chapters, & Popular Press
"A Commentary on the Rome Statute" by William Schabas is a giant of a work by a giant in the field. This review examines the breadth and scope of one of the most important works in the field, concluding that the book is not just an excellent resource but an indispensable one for anyone working in or following the field of international criminal justice.
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
Faculty Scholarship
The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …
The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya, James T. Gathii
The Use Of Force, Freedom Of Commerce, And Double Standards In Prosecuting Pirates In Kenya, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Goals And Objectives Of Law Schools Beyond Educating Students: Research, Capacity Building, Community Service-The National University Of Singapore School Of Law Experience, Cheng-Han Tan
Penn State International Law Review (1982 - 2011)
No abstract provided.
Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano
Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano
Faculty Publications
Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.
Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig
Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig
Case Western Reserve Journal of International Law
No abstract provided.
Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano
Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare Or Strategic Communications?, Gregory P. Noone Dr.
Lawfare Or Strategic Communications?, Gregory P. Noone Dr.
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare: A Rhetorical Analysis, Tawia Ansah
Lawfare: A Rhetorical Analysis, Tawia Ansah
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare And International Tribunals: A Question Of Definition: A Reflection On The Creation Of The "Khmer Rouge Tribunal", Robert Petit
Lawfare And International Tribunals: A Question Of Definition: A Reflection On The Creation Of The "Khmer Rouge Tribunal", Robert Petit
Case Western Reserve Journal of International Law
No abstract provided.
The Take Down: Case Studies Regarding "Lawfare" In International Criminal Justice: The West African Experience, David M. Crane
The Take Down: Case Studies Regarding "Lawfare" In International Criminal Justice: The West African Experience, David M. Crane
Case Western Reserve Journal of International Law
No abstract provided.
Whose Lawfare Is It, Anyway?, David Scheffer
Whose Lawfare Is It, Anyway?, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Propaganda For War And Transparency, Richard B. Collins
Propaganda For War And Transparency, Richard B. Collins
Publications
No abstract provided.
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Pace Law Review
No abstract provided.
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Human Rights Brief
No abstract provided.
Perspectives On International Criminal Justice, M. Bassiouni
Perspectives On International Criminal Justice, M. Bassiouni
College of Law Faculty
No abstract provided.
Perspectives On International Criminal Justice, M. Bassiouni
Perspectives On International Criminal Justice, M. Bassiouni
College of Law Faculty
No abstract provided.
H-1b Visa Legislation: Legal Deficiencies And The Need For Reform, Alaina M. Beach
H-1b Visa Legislation: Legal Deficiencies And The Need For Reform, Alaina M. Beach
South Carolina Journal of International Law and Business
No abstract provided.
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Cardozo Journal of Conflict Resolution
This Note will explore the pros and cons of using victim-offender dialogue in cases of human trafficking. In the first part of the Note, a background on human trafficking will be provided, including current statistics on human trafficking cases and the effects on victims. Restorative justice will be discussed in the second part of the note, with specific emphasis on VOD. The third part of the Note will explore how the criminal system has used VOD, beginning with low-level crimes and then exploring how VOD has been applied to serious and violent crimes. This Note will then propose the application …
The Complementarity Conundrum: Are We Watching Evolution Or Evisceration?, Michael A. Newton
The Complementarity Conundrum: Are We Watching Evolution Or Evisceration?, Michael A. Newton
Vanderbilt Law School Faculty Publications
The Rome Statute nowhere defines the term "complementarity, " but the plain text of Article 1 compels the conclusion that the International Criminal Court was intended to supplement the foundation of domestic punishment for violations of international norms rather than supplant domestic prosecutions. The practice of complementarity may well be the fulcrum supporting the Court's long term legitimacy; and this principle is all the more important because it is designed to provide intellectual leverage to move non-States Party towards treaty accession. The Rome Statute curtails sovereign authority by displacing domestic trials only in exceptional circumstances, and it includes detailed procedural …
The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane
The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane
Faculty Articles
One of the serious problems that the new administration faces is undoubtedly the regulation and use of private military contractors in "the war on terror." The private military industry is largely unregulated at the national level. Its status under international law is also poorly understood. This article assesses the legal status of this industry, characterizes the various functions, demonstrates the difficulty of regulating the industry as a unitary entity, and identifies the appropriate set of international standards that the new administration and Congress as well as the larger international legal community could employ in evaluating regulatory options.
Legal Ethics In International Criminal Defense, Jenia I. Turner
Legal Ethics In International Criminal Defense, Jenia I. Turner
Faculty Journal Articles and Book Chapters
This paper examines the new and complex dilemmas facing defense attorneys who represent clients before international criminal courts. It argues that the unique features and goals of international criminal trials demand a distinct approach to resolving some of these ethical dilemmas. In particular, the goals of international trials are broader and often more political than those of ordinary domestic trials, and the applicable procedures are a unique hybrid of the inquisitorial and adversarial traditions. Moreover, some of the justifications for aggressive defense at the domestic level - such as discouraging disengaged advocacy and protesting overly harsh punishments - are less …
In Search Of An “Action Principle”, Patrick J. Glen
In Search Of An “Action Principle”, Patrick J. Glen
Human Rights & Human Welfare
In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
All Faculty Scholarship
This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex …
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Faculty Scholarship
On the campaign trail in 2008, presidential candidate and then-Senator Barack Obama promised to restore America’s place in the world by breaking with many of the national security policies put into effect by President George W. Bush. In January 2009, President Obama made numerous changes to United States foreign policy, including signing an executive order to close the prison at Guantanamo Bay, Cuba and announcing that the United States would not engage in interrogation techniques that constitute torture. In some respects, however, Obama has followed the example of President Bush - for example, in his resuscitation of a specialized military …
The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter
The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Lawfare: A Rhetorical Analysis, Tawia Baidoe Ansah
Lawfare: A Rhetorical Analysis, Tawia Baidoe Ansah
Faculty Publications
This Article offers arhetoricalanalysis of the term "lawfare. " It examines the term within the context of its historical genesis, and reviews its evolving definition. Drawing upon insights from non-legal disciplines, the Article argues that rhetorically, "lawfare" indicates alternative and critical ways to think of law in relation to war.