Digital Commons Network^™

U.S. Drug Court: A Building Block For Canada, Lisa Strauss

ILSA Journal of International & Comparative Law

Since the establishment of the first drug treatment court in Dade County, Florida, United States in 1989, these specialized courts have become a rapidly expanding alternative to traditional law enforcement.

The Special Court For Sierra Leone: Establishing A New Approach To International Criminal Justice, John Cerone

ILSA Journal of International & Comparative Law

The proposed Special Court for Sierra Leone is sometimes referred to as a national/international hybrid entity.

Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.

Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg

Human Rights Brief

No abstract provided.

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …

Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz

Fordham International Law Journal

This Article seeks to address important questions raised by pretrial detention and judicial reform in Latin America. It analyzes the potential impact of criminal procedure reforms on pretrial detention rates. It also discusses whether more general ‘rule of law‘ reforms promoted by international donor organizations like the World Bank can affect the abuses associated with prolonged pretrial detention--whether, in other words, the circle may be squared between economic development and human rights. In addition, this Article describes the adoption of central elements of an American-style adversarial system in Latin America and its prospects for influencing judicial reform. It argues that …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Unjust Order: Malaysia's Internal Security Act, Nicole Fritz, Martin Flaherty

Fordham International Law Journal

This Report represents the culmination of a year-long project undertaken by the Crowley Program to update the study of the use and impact of the Internal Security Act (ISA) in Malaysia in light of international law obligations. We reference first those international commitments that Malaysia has expressly adopted. However, these are very few--reflecting the antipathy felt by the Malaysian government for international obligations of this sort. Additionally, we have made reference to the generally-accepted international law provisions applicable in this context--intended both to demonstrate the extent to which the ISA deviates from widely-upheld international norms, even if those norms are …

Extradition And The Conflict In Northern Ireland: The Past, Present And Future Of An Intractable Problem, Margaret I. Branick

UC Law SF International Law Review

British government efforts to extradite members of the Provisional Irish Republican Army (IRA) from the United States have posed challenges to U.S. extradition policy since the 1970s. Under extradition law, "political offenses" traditionally are treated as non-extraditable offenses. Use of the political offense exception to deny extradition of IRA fugitives from the United States prompted the United Kingdom and the United States to sign a Supplementary Treaty in 1985, which eliminated the political offense exception for broad categories of violent acts.

This Note briefly reviews the background of the conflict in Northern Ireland, and discusses extradition law and the political …

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles

In this Note, I explore the potential impact of LaGrand upon domestic American criminal jurisprudence with an eye toward what the case demonstrates for America as a member of international institutions more generally. In Part I, I describe the central holdings of the ICJ in LaGrand, noting how dramatically LaGrand departs from what American courts have previously interpreted the VCCR to require. Having demonstrated the enormity of LaGrand's procedural implications, I examine early cases after LaGrand and what they suggest about the American judicial response to the ICJ decision in Part II. I argue that American courts err to the …

Comparative Jurisprudence On Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions For The International Criminal Tribunal For Rwanda, The International Criminal Tribunal For Yugoslavia, England (And Wales), Scotland, South Africa, Australia, New Zealand, Canada, And The United States, Cwru Law

War Crimes Memoranda

No abstract provided.

Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg

War Crimes Memoranda

No abstract provided.

Sentencing: An Assessment Of Rule 101 Of The Ictr Rules Of Procedure And Evidence, Federal Sentencing Laws In England, France And Other Countries As Well As In Prisoner-Receiving Countries, And The Kayishema/Ruzindana Judgement., Dora Kripapuri

War Crimes Memoranda

No abstract provided.

A Comparative Assessment Of The Alibi Rule, Anouk Danan

War Crimes Memoranda

No abstract provided.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Michigan Journal of International Law

This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …

Justice Denied? The Adjudication Of Extradition Applications, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article was prompted when a well-regarded LL.M. candidate at Pace Law School's Center for Environmental Legal Studies was arrested and subjected to extradition proceedings. Faculty, staff, and students became embroiled in efforts, ultimately successful, to challenge the extradition request. In doing so, they confronted the substantive and procedural barriers faced by an accused in current extradition processes and the significant potential for human rights abuses. Thus, this article, which analyzes current extradition law, updates what has been a slowly developing area of the law and proposes changes to address some of the shortfalls. Part II presents a brief history …

Alternatives To Economic Sanctions, Christine M. Chinkin

Book Chapters

Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …

The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy

Michigan Journal of International Law

According to the doctrine of State sovereignty each State has the right to exercise its jurisdiction over crimes committed in its territory-known as the territoriality principle. Even if the crimes committed are of a type that affects the international community as a whole, States are often hesitant to have their own nationals tried by an international judicial organ. History demonstrates that States rarely waived this right, which is inherent to their sovereignties, and did not rely exclusively on international justice. Rather they always preferred to exercise their jurisdiction exclusively, and only occasionally, when coerced by special circumstances, have they accepted …

Relative Normativity: Challenging The Sovereignty Norm Through Human Rights Litigation, William J. Aceves

UC Law SF International Law Review

Since 1945, two developments in human rights law have challenged the dominion of the sovereignty norm. First, the international community has recognized the existence of competing human rights norms, some of which now compete with the sovereignty norm for primacy. Second, a diverse group of institutions has applied these norms to challenge the sovereignty norm by imposing civil and criminal liability on government officials when they commit human rights violations. This essay examines how the sovereignty norm has been challenged through human rights litigation. Two recent human rights cases. Filartiga v. Pena-Irala and Regina v. Bow Street Metropolitan Stipendiary Magistrate, …

Sovereignty, Territoriality, And The Rule Of Law, Joan Fitzpatrick

UC Law SF International Law Review

On November 13, 2001, President George W. Bush issued a Military Order in which he claimed power as Commander in Chief to detain indefinitely and to try, by ad hoc military commissions, persons designated by him as international terrorists. This Order represents a stunning claim to absolutist power and a rejection of any meaningful legal constraints on the treatment of the captives. The Order and the "War on Terrorism" on which it is premised challenge the most commonly accepted principles of post-Westphalian sovereignty: exclusive control over territory, noninterference, and equality among states.

The legal premise for the Order is the …

The International Convention On The Elimination Of All Forms Of Discrimination Against Women: A Comparison Of Its Implementation And The Role Of Non-Governmental Organisations In The United Kingdom And Hong Kong, Carole J. Petersen, Harriet Samuels

UC Law SF International Law Review

Although the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") was implemented in Hong Kong a full ten years after its enactment in the United Kingdom, evidence suggests that it is having a more practical impact in Hong Kong than in the United Kingdom largely because Hong Kong women's organizations are making more use of CEDAW in their current lobbying efforts. This article introduces CEDAW and its enforcement mechanisms, and compares its implementation in the two jurisdictions. The authors analyze the extent to which CEDAW is considered in public policy making, the extent to which the …

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Neutralizing The Threat: Reconsidering Existing Doctrines In The Emerging War On Terrorism, Frank A. Biggio

Case Western Reserve Journal of International Law

No abstract provided.

September 11 Terrorist Attacks, Panel Discussion

Case Western Reserve Journal of International Law

No abstract provided.

September 11 Reflections From Ground Zero: Parent, International Law Teacher And Rule Of Law Perspectives, David Aronofsky

Case Western Reserve Journal of International Law

No abstract provided.

Teaching Through Tragedy Of 9/11: Crisis And Opportunity, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

The Responsibility Of The Rulemaker: Comparative Approaches To Patent Administration Reform, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Patent administrators across the globe currently face the most challenging operating environment they have ever known. Soaring application rates, lean fiscal policies and an increasingly ambitious range of patentable subject matter are among the difficulties faced by the world's leading patent offices. These trends have resulted in persistent concerns over the quality of issued patents. Responding to recent writings questioning the value of maintaining high levels of patent quality, Professor Jay Thomas asserts both that patent quality matters, and that increasing the responsibilities of patent applicants provides a fair and efficient mechanism for improving patent office work product. This Article …

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

Transitional Justice In A New Era, Ruti G. Teitel

Fordham International Law Journal

This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.