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Articles 2041 - 2070 of 2911
Full-Text Articles in Entire DC Network
Evidentiary Challenges Due To The Lapse Of Thirty Years: Investigations Conducted By Ngo’S, The Role Of Hearsay Evidence, Forensic Evidence As An Important Feature, As Well As National And International Jurisprudence On Such Factors, Kathleen Rudis
War Crimes Memoranda
No abstract provided.
How Will International Criminal Procedural Law Supplement Uncertainties Or Gaps In Cambodian Criminal Procedural Law During The Course Of The Cec Proceedings; And What Are The Major Impediments In Implementing International Procedural Safeguards On A Domestic Level?, Sarah Schauerte
War Crimes Memoranda
No abstract provided.
In The Interest Of Conserving Tribunal Resources, What Concrete Limits Can A Trial Chamber Put On The Parties To Reduce The Length Of Their Cases, Limit Cross-Examination, And Impose A Date Certain For Completion Of Trial?, Michelle Oliver
War Crimes Memoranda
No abstract provided.
Many Legal Scholars And Defense Attorneys Appearing Before The Iht Have Argued That, Under Relevant Principles Of International Law, A State Cannot Recognize The Consequences Of An Illegal Action…, Brian J. Field
War Crimes Memoranda
No abstract provided.
The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen
The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen
War Crimes Memoranda
No abstract provided.
What Is The Definition Of Genocide And What Is The Applicability Of Genocide To The Situation In Cambodia With Respect To The Elements Of “Group” And The Mental State Of The Perpetrator?, Mark H. Bardwell
War Crimes Memoranda
No abstract provided.
What May/Must The Trial Chamber Do If All Of The Elements Of The Charged Offense Are Not Proven Beyond A Reasonable Doubt But All Of The Elements Of An Uncharged, But Related, Offense Are Proven Beyond A Reasonable Doubt?, Christopher Kringel
War Crimes Memoranda
No abstract provided.
What Minimum Standards Must The Iht Follow When Assigning Pulic Defenders In Place Of Privately Retained Defense Counsel So That The Defendant’S Right To A Fair Trial Is Not Prejudiced?, Thihan Nyun
War Crimes Memoranda
No abstract provided.
Article 85: If Someone Is Wrongfully Detained Or Convicted, What Recourse Does He Have? What Compensation Is He Entitled To? Is This Monetary, And If So, Where Does The Money Come From? What Should The Court Take Into Consideration When Deciding On Compensation?, Robert C. Bliss
War Crimes Memoranda
No abstract provided.
As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The Icc? How Should The Icc Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss
War Crimes Memoranda
No abstract provided.
Did The Forcible Transfer, Active Concealment, Torture And Murder Of Non-Combatant Kuwaiti Citizens And Third Party Nationals In August Of 1991 To March Of 1992 Constitute Any Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Capture, Torture And Public Murder Of Captive Coalition Troops By Iraqi Troops During The 1991 War Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Seizure And Placement Of Non-Combatant Foreigners In Direct Proximity To Military Targets Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal?, Gregory S. Mcneal
War Crimes Memoranda
No abstract provided.
An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating
An Integrated Framework For Modeling And Simulation Of The U.S. Southern Border: A Border Patrol Perspective, Shannon R. Bowling, Ghaith Rabadi, Charles Keating
Engineering Management & Systems Engineering Faculty Publications
Border Security is a complex system consisting of many interrelated components that must function as a whole in order to be effective. The efficacy of border security is dependent on several independent agencies; these include U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), state and local law enforcement, and many others. Border security is not only a function of how well each of the agencies perform individually but also how well they interact to accomplish a goal. This paper attempts to model border security from a Border Patrol (BP) perspective using discrete …
Human Rights In Colombia, Mariko Frame
Human Rights In Colombia, Mariko Frame
Human Rights & Human Welfare
With its notoriously vicious paramilitary death squads, rampant drug trade and collusive government, Colombia remains a complex and tumultuous nation. Needless to say, the human rights history of this country has been marked by political violence, absence of due process, and at times a general lawlessness that has made it perpetually unstable. Coupled with Colombia's domestic problems, U.S. involvement in its 'war on drugs' has exacerbated the situations that already were at a boiling point. With an ongoing power struggle between the government, the military and the drug lords, it is no exaggeration to describe Colombia as in a constant …
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Michigan Journal of International Law
This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …
Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio
Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio
Law Faculty Articles and Essays
This Article will focus on some of the practical considerations underlying the decision to resort to a particular type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY's referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms in an …
Rethinking Amnesty, Milena Sterio
Rethinking Amnesty, Milena Sterio
Law Faculty Articles and Essays
This Article will focus on the issue of accountability under the existing international law and will address the following question: Is there a duty to prosecute perpetrators of human rights abuses? Furthermore, if there is such a duty, what are its precise contours, its reach and its limits? Can amnesty laws and truth commissions ever be legal despite the evolving body of human rights law that seems to dictate the absolute assurance of those rights? Part I of this Article will examine the existing accountability mechanisms, while evaluating their respective strengths and weaknesses. Part II will focus on the existing …
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Indiana Journal of Global Legal Studies
Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socioeconomic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, countertrafficking …
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
Syracuse Journal of International Law and Commerce
This Article examines how RICO's substantive elements, namely "enterprise," "pattern," and "racketeering activity," shift the balance of power in a criminal prosecution by altering the application of procedural and evidentiary rules. Part I reviews the relevant procedural and evidentiary rules, as they existed before RICO and the advent of the "enterprise trial." Part II introduces RICO and examines how it changed the application of these rules, with particular focus on the law of joinder of offenses and offenders. Part III examines the law of joinder and severance in the U .K. where the primary paradigm for a trial is a …
Proceedings Of The 100th Asil Annual Meeting, The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl
Proceedings Of The 100th Asil Annual Meeting, The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl
Scholarly Articles
None available.
The Unholy Trinity: Intelligence, Interrogation And Torture, Amos Guiora
The Unholy Trinity: Intelligence, Interrogation And Torture, Amos Guiora
Case Western Reserve Journal of International Law
No abstract provided.
Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine
Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine
Case Western Reserve Journal of International Law
No abstract provided.
Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt
Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt
Case Western Reserve Journal of International Law
No abstract provided.
Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren
Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren
Case Western Reserve Journal of International Law
No abstract provided.
The Imf's Role In A Post-Conflict Situation, Sean Hagan
The Imf's Role In A Post-Conflict Situation, Sean Hagan
Case Western Reserve Journal of International Law
No abstract provided.
The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun
The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun
Cardozo Journal of Equal Rights & Social Justice
The article examines the Clinton Administration's significant contributions to advancing women's rights, particularly through landmark legislation such as the Family and Medical Leave Act (FMLA) and the Trafficking Victims Protection Act (TVPA). These efforts, including the appointment of women to high office, reflect a cultural shift toward valuing women's roles and protecting them from exploitation. The TVPA, reauthorized under subsequent administrations, has had a lasting domestic and international impact in combating human trafficking and supporting victims. The article highlights the importance of legislative and judicial approaches in addressing violence against women and promoting gender equality.
How Can Psychological Science Enhance The Effectiveness Of Identification Procedures? An International Comparison, Tim Valentine, Stephen Darling, Amina Memon
How Can Psychological Science Enhance The Effectiveness Of Identification Procedures? An International Comparison, Tim Valentine, Stephen Darling, Amina Memon
Public Interest Law Reporter
No abstract provided.
Sanchez-Llamas V. Oregon And Article 36 Of The Vienna Convention On Consular Relations: The Supreme Court, The Right To Consul, And Remediation, Mark J. Kadish, Charles C. Olson
Sanchez-Llamas V. Oregon And Article 36 Of The Vienna Convention On Consular Relations: The Supreme Court, The Right To Consul, And Remediation, Mark J. Kadish, Charles C. Olson
Michigan Journal of International Law
This Article analyzes the Sanchez-Llamas decision and attempts to ascertain its impact on future Article 36 litigation.
Reforming The Crime Of Libel, Clive Walker
Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi
Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi
NYLS Law Review
No abstract provided.
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Fordham International Law Journal
This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.