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Articles 2281 - 2310 of 2910

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Prosecuting International Terrorists: The Abu Sayyaf Attacks And The Bali Bombing, Sarah E. Tilstra May 2003

Prosecuting International Terrorists: The Abu Sayyaf Attacks And The Bali Bombing, Sarah E. Tilstra

Washington International Law Journal

In May 2001, three Americans were kidnapped and held hostage by members of Abu Sayyaf, a guerilla group attempting to establish an Islamic state in the southern Philippines. Two of those Americans were later killed. In October 2002, a nightclub on the Indonesian resort island of Bali was destroyed in an explosion, killing over 200 people, 88 of whom were Australians. Members of the Islamic group Jemaah Islamiyah are suspected of masterminding the attack. The Abu Sayyaf suspects have yet to be caught, but Indonesia is preparing to prosecute some of the Bali bombing suspects beginning in May 2003. Using …


Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith Apr 2003

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.


The Rule Of Law In China: Lawyers Without Law?: Hearing Before The Congressional-Executive Commission On China, 108th Cong., Apr. 1, 2003 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman Apr 2003

The Rule Of Law In China: Lawyers Without Law?: Hearing Before The Congressional-Executive Commission On China, 108th Cong., Apr. 1, 2003 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.


Introduction: The Current And Winding Paths Of Us-Mexico White Collar Crime, Bruce Zagaris Mar 2003

Introduction: The Current And Winding Paths Of Us-Mexico White Collar Crime, Bruce Zagaris

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Panel Discussion: Mexico And U.S. White Collar Crime Prevention At The Millennium, Bruce Zagaris, Carlos Loperena Ruiz, Lucinda A. Low, Leo Romero, Rodrigo Labardini, Alejandro Posadas Mar 2003

Panel Discussion: Mexico And U.S. White Collar Crime Prevention At The Millennium, Bruce Zagaris, Carlos Loperena Ruiz, Lucinda A. Low, Leo Romero, Rodrigo Labardini, Alejandro Posadas

United States - Mexico Law Journal (1993-2005)

No abstract provided.


American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez Mar 2003

American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez

Michigan Law Review

Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …


Mexico's Federal Organized Crime Act, Rodrigo Labardini Mar 2003

Mexico's Federal Organized Crime Act, Rodrigo Labardini

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Bringing White-Collar Criminals To Justice - Fugitive Apprehension And Return And Obtaining Evidence Abroad, David P. Warner Mar 2003

Bringing White-Collar Criminals To Justice - Fugitive Apprehension And Return And Obtaining Evidence Abroad, David P. Warner

United States - Mexico Law Journal (1993-2005)

No abstract provided.


The Realpolitik Of Empire, Tikkun A. S. Gottschalk Jan 2003

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick Jan 2003

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …


The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey Jan 2003

The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey

Faculty Articles and Other Publications

This Article is part two in an ongoing series. Part I, published at 51 DUKE L. J. 1703 (2002), argued that Miranda warnings should not be strictly required when U.S. agents interrogate non-U.S. citizens abroad. This Article picks up where the first left off, and asks the question: "In the absence of Miranda, do any provisions in the Bill of Rights restrict the ability of U.S. agents to obtain confessions from non-Americans abroad?"

The Article begins by examining the back up or default rules to Miranda in the domestic setting. These rules are the "due process involuntary confession rule," which …


The Council Of Europe Convention On Cybercrime, Mike Keyser Jan 2003

The Council Of Europe Convention On Cybercrime, Mike Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee Jan 2003

Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Toward A Criminology Of International Crime, Mark A. Drumbl Jan 2003

Toward A Criminology Of International Crime, Mark A. Drumbl

Scholarly Articles

The criminal adjudication of those who perpetrate egregious human rights violations has gained normative currency among international lawyers and rights activists. This norm has encouraged the construction of a variety of international legal institutions, specifically tribunals and courts. This Article tracks the logic of this norm and suggests that, at its root, it represents a general extension of Western municipal criminal law, and Anglo-American common law methodologies in particular, to the international context and cases of mass violence. This triggers two interrelated concerns: is this extension (1) theoretically sustainable and (2) operationally effective for adjudicating wrongdoing in all cases of …


The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White Jan 2003

The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White

ILSA Journal of International & Comparative Law

With unexpected speed, the International Criminal Court has become a reality.


A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez Jan 2003

A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez

ILSA Journal of International & Comparative Law

A president above the law. A Legislature that would pass any law, without regard for the impact on its citizens.


The Difficulty Of Regulating Reprodutive And Therapeutic Cloning: Can The United States Learn Anything From The Laws Of Other Countries, Suzanne H. Rhodes Jan 2003

The Difficulty Of Regulating Reprodutive And Therapeutic Cloning: Can The United States Learn Anything From The Laws Of Other Countries, Suzanne H. Rhodes

Penn State International Law Review (1982 - 2011)

No abstract provided.


Empowering Constitutionalism With Text From An Israeli Perspective, Barak Cohen Jan 2003

Empowering Constitutionalism With Text From An Israeli Perspective, Barak Cohen

American University International Law Review

No abstract provided.


The Proliferation Of Bilateral Non-Surrender Agreements Among Non-Ratifiers Of The Rome Statute Of The International Criminal Court , Chet J. Tan Jr. Jan 2003

The Proliferation Of Bilateral Non-Surrender Agreements Among Non-Ratifiers Of The Rome Statute Of The International Criminal Court , Chet J. Tan Jr.

American University International Law Review

No abstract provided.


Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jan 2003

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

American University International Law Review

No abstract provided.


A Model War Crimes Court: Sierra Leone, Nancy Kaymar Stafford Jan 2003

A Model War Crimes Court: Sierra Leone, Nancy Kaymar Stafford

ILSA Journal of International & Comparative Law

Is it possible that the perpetrators of an atrocity so heinous it was code- named "Spare No Living Thing" could not be brought to justice? The Govern- ment of Sierra Leone said no!


2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas Jan 2003

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas

ILSA Journal of International & Comparative Law

This dispute arises from the Dysfuntian civil war between Restonian and Cascadian militias, resulting in the creation of Reston (Respondent)-a developing State-and Cascadia (not party to the case).


Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson Jan 2003

Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson

Human Rights Brief

No abstract provided.


The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist Jan 2003

The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist

UC Law SF International Law Review

The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and …


Compliance With Icj Provisional Measure And The Meaning Of Review And Reconsideration Under The Vienna Convention On Consular Relations: Avena And Other Mexican Nationals (Mex. V. U.S.), Linda E. Carter Jan 2003

Compliance With Icj Provisional Measure And The Meaning Of Review And Reconsideration Under The Vienna Convention On Consular Relations: Avena And Other Mexican Nationals (Mex. V. U.S.), Linda E. Carter

Michigan Journal of International Law

Many aspects of the Avena case could lead to significant developments, there are two that will be addressed in this essay. The first issue has an immediate impact on the pending executions. What must the United States do to comply with the provisional measures order? What are "all measures necessary"? The second issue will have an impact in later litigation in the cases of the fifty-two Mexican defendants named in Avena and on other future defendants. What must the United States do to provide "review and reconsideration of the conviction and sentence by taking account of the violation of the …


The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson Jan 2003

The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson

Scholarly Articles

No abstract provided.


A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller Jan 2003

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller

War Crimes Memoranda

No abstract provided.


Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair Jan 2003

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.


Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel Jan 2003

Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel

War Crimes Memoranda

No abstract provided.


Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler Jan 2003

Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler

War Crimes Memoranda

No abstract provided.