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Articles 2161 - 2190 of 2910
Full-Text Articles in Entire DC Network
Protecting The Persecuted And Fulfilling The True Goals Of A War On Terror Through Immigration Policy, Samia A. Malik
Protecting The Persecuted And Fulfilling The True Goals Of A War On Terror Through Immigration Policy, Samia A. Malik
Loyola University Chicago International Law Review
No abstract provided.
Table Of Contents, International Law Review
Table Of Contents, International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Protecting The Persecuted And Fulfilling The True Goals Of A War On Terror Through Immigration Policy, Samia A. Malik
Protecting The Persecuted And Fulfilling The True Goals Of A War On Terror Through Immigration Policy, Samia A. Malik
Loyola University Chicago International Law Review
No abstract provided.
Background For The “War On Terror”
Background For The “War On Terror”
Human Rights & Human Welfare
September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.
Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram
Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram
Fordham International Law Journal
Even as the International Criminal Court undertakes investigations in Uganda and the Democratic Republic of Congo, policymakers and academics continue to debate what the “right” tools to respond to past atrocities are. Naturally there are concerns that justice must be done, weighed against concerns that weak States will be destabilized by attempts at accountability. While many have celebrated the entry into force of the International Criminal Court Statute and the exercise of universal jurisdiction, the United States continues to challenge both of these tools of international justice as undemocratic and illegitimate. There are also reasons to be concerned that tools …
How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph
War Crimes Memoranda
No abstract provided.
Revisiting Novel Approaches To Combating The Financing Of Crime: A Brave New World Revisited, Bruce Zagaris
Revisiting Novel Approaches To Combating The Financing Of Crime: A Brave New World Revisited, Bruce Zagaris
Villanova Law Review (1956 - )
No abstract provided.
Seeking Synchronicity: Thoughts On The Role Of Domestic Law Enforcement In Counterterrorism, Jeff Breinholt
Seeking Synchronicity: Thoughts On The Role Of Domestic Law Enforcement In Counterterrorism, Jeff Breinholt
American University International Law Review
No abstract provided.
Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl
Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl
Scholarly Articles
The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Indiana Journal of Global Legal Studies
The Institute for Advanced Study Branigin Lecture
Do Free Markets Create Free Societies?, Samuel Krislov
Do Free Markets Create Free Societies?, Samuel Krislov
Syracuse Journal of International Law and Commerce
The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …
Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans
Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans
Articles, Book Chapters, & Popular Press
The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …
Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack
Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack
Faculty Scholarly Works
No abstract provided.
Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane
Case Western Reserve Journal of International Law
No abstract provided.
International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell
International Criminal Law - How Long Will Some Miss The Missing Link, Hans Corell
Case Western Reserve Journal of International Law
No abstract provided.
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
Scholarly Articles
In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?
From The World Court To Oklahoma Court: The Significance Of Torres V. State For International Court Of Justice Authority, Individual Rights, And The Availability Of Remedy In Vienna Convention Disputes, Heather L. Finstuen
Oklahoma Law Review
No abstract provided.
Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai
Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai
Oklahoma Law Review
No abstract provided.
Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton
Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay
Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay
Articles by Maurer Faculty
No abstract provided.
Nationalizing International Criminal Law, Jenia I. Turner
Nationalizing International Criminal Law, Jenia I. Turner
Faculty Journal Articles and Book Chapters
International law scholars often assume that the best way to enforce human rights is by establishing strong international institutions that develop the law progressively and enforce it independently. Political realists counter that such institutions are only as useful as powerful states permit them to be, and discourage expansive visions of their mandate. Partisans of the recently created International Criminal Court (ICC) must come to terms with the realist challenge. They must work to adapt the institution accordingly, without abandoning hope for the project altogether. Although the ICC will be constrained by the state support it commands, it can make a …
Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks
Faculty Publications
No abstract provided.
Afghanistan, Greg Sanders
Afghanistan, Greg Sanders
Human Rights & Human Welfare
After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?
Colombia, Travis Ning
Colombia, Travis Ning
Human Rights & Human Welfare
The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Human Rights & Human Welfare
Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.
The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi
Osgoode Hall Law Journal
This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan
Vanderbilt Journal of Transnational Law
In this-Article Professor Vorspan examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on detention, deportation, conscription, and confiscation of property, the Author revises the conventional depiction of the English judiciary during World War I as passive and peripheral. She argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal freedom. Second, they …
Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi
Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi
Articles by Maurer Faculty
No abstract provided.
The Law And Politics Of Contemporary Transitional Justice, Ruti G. Teitel
The Law And Politics Of Contemporary Transitional Justice, Ruti G. Teitel
Articles & Chapters
Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.
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/="/">In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct …
United States Regulation Of Canadian Securities Attorneys Under Sarbanes-Oxley: Exploring Costs And Finding An Optimal Allocation Of Authority, Lauren M. Harper
United States Regulation Of Canadian Securities Attorneys Under Sarbanes-Oxley: Exploring Costs And Finding An Optimal Allocation Of Authority, Lauren M. Harper
University of Miami Inter-American Law Review
No abstract provided.