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Cumulative Subject Index To Volumes 1-27, Index

Case Western Reserve Journal of International Law

cumulative subject index

Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane

Fordham International Law Journal

This Note argues that nations, in their zeal to prosecute terrorists and pursue fugitives, are trampling on the same fundamental human rights they espouse in the international forum. Part I traces the history of extradition and its safeguards. Part II analyzes problems in modern extradition law and explores the arguments for and against the development of an international standard. Part III argues that current extradition practices violate international law and proposes that an International Criminal Court be established to provide a neutral forum for extradition hearings that will protect rights established by international law. This Note concludes that extradition procedures …

Waiting For Credentials: Feminist Theories Of Enforcement Of International Human Rights Law Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Elizabeth K. Spahn

American University Law Review

No abstract provided.

Out Of Many, One?, Kenneth L. Karst

Indiana Journal of Global Legal Studies

No abstract provided.

Mexican Copyright Protection: Proposals For Better Legislation And Enforcement, Richard E. Neff

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Peace Vs. Accountability In Bosnia, Anthony D'Amato

Faculty Working Papers

Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …

Researching The Jurisprudence Of The Inter-American Commission On Human Rights: A Litigator's Perspective, Richard J. Wilson

American University International Law Review

No abstract provided.

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

UC Law SF International Law Review

In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.

The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."

Regulation Of Intercountry Adoption: Can The Abuses Come To An End, Jorge L. Carro

UC Law SF International Law Review

Because the demand for adoptable children outweighs the supply, adopting parents are increasingly exploring intercountry adoption as an alternative. Unfortunately, numerous abuses have been reported in the process. Out of frustration, as well as national pride, the sending nations have started to react against those abuses, which at times have been real, but sometimes have been just fabricated, like the rumor that foreigners buy babies to use their vital organs for transplant. Locally, restrictive legislation has been enacted, and at the regional and international level, treaties and international conventions have been adopted. This Article examines these efforts with a critical …

Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni

Fordham International Law Journal

This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.

From Victim To Defendant: The Life Sentence Of British Women, Susan S.M. Edwards

Case Western Reserve Journal of International Law

No abstract provided.

Legal Remedies For Domestic Violence In Chile And The United States: Cultural Relativism, Myths, And Realities, Katherine M. Culliton

Case Western Reserve Journal of International Law

No abstract provided.

Judicial Interpretation Of Silence: The Criminal Evidence Order Of 1988, Thomas P. Quinn

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-26, Index

Case Western Reserve Journal of International Law

No abstract provided.

Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite

University of Richmond Law Review

The recent caning of an eighteen year old American student by officials in Singapore sparked much debate over the appropriateness of corporal punishment in criminal cases. Many Americans question the humaneness of criminal penalties imposed in foreign lands. While quick to identify human rights violations around the world, the United States government has been reluctant to concede that abuses occur within the American-criminaljustice system.

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurulé

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Constitutionalizing The Right To Freedom Of Information: A Modest Proposal For The Nations Of Central And Eastern Europe, Ralph Gregory Elliot

Connecticut Journal of International Law

Events in the past few years in the former Soviet Union and in the neighboring states popularly known in Winston Churchill's phrase as the "Iron Curtain" countries have given the prospect of what is hopefully called "democratization." As those who live in these countries know all too well, however, the seeds of democracy are sown upon barely-tilled soil, essentially devoid of a nourishing history of republican self-government of the sort so long enjoyed, in varying degrees of fulfillment, in the United States, Western Europe and the British Commonwealth.

It is essential, therefore, to the realization of the hopes and aspirations …

Right To Speak And Associate Under Strasbourg Case-Law With Reference To Eastern And Central Europe, Michael O'Boyle

Connecticut Journal of International Law

The European Convention on Human Rights and the developing case-law of the European Commission and Court of Human Rights have a vital role to play in the on-going process of law reform and constitution-building in many eastern and central European countries.' Many of these countries are looking to this corpus of European constitutional law for direction in amending their codes of civil and criminal law and for guidance on the fundamental tenets of a democratic society.

The Movement Toward Statute-Based Conspiracy Law In The United Kingdom And The United States, Kenneth A. David

Vanderbilt Journal of Transnational Law

A single criminal charge of conspiracy, because it simultaneously involves an inchoate as well as a substantive offense, is characterized by a duality that for years has created confusion and uncertainty as to the proper prosecution and punishment for the crime. The author of this Note places responsibility for this confusion primarily on the judges whose rulings have produced a highly incoherent body of common law and secondarily on the complacent legislatures that have allowed judicial interpretation to shape conspiracy law in a haphazard manner.

The Note compares the approaches to conspiracy law taken by the United Kingdom and the …

The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Landmines: A Deadly Legacy, Morris Panner

Fordham International Law Journal

Landmines: A Deadly Legacy (“ Deadly Legacy”) is both a powerful advocacy piece calling for an international ban on the production, stockpiling, trade, and use of landmines, as well as a compelling reference work carefully detailing what can only be deemed a global landmines crisis. The book, a joint effort of The Arms Project, a division of Human Rights Watch, and of Physicians for Human Rights, is the culmination of a three year effort, including extensive field research in such places as Cambodia, Angola, Mozambique, Iraqi Kurdistan, and northern Somalia, as well as documentary research drawing on previously classified U.S. …

Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han

UC Law SF International Law Review

In 1997, one hundred years of British colonial rule will end, and Hong Kong will revert back to the People's Republic of China. At that time, the political, legislative, religious, educational, economic, legal, and social aspects of life in Hong Kong will be governed by the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China." This Article discusses the historical background of Hong Kong and explores some of the troubling issues raised by the adoption of the Basic Law. The Article particularly focuses on the question of whether the main purpose of the Basic …

Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young

UC Law SF International Law Review

No abstract provided.

Vietnam: A Twenty Year Retrospective, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Insider Trading: The Laws Of Europe, The United States And Japan, James D. Yellen

Fordham International Law Journal

Professor Emmanuel Gaillard's recent compilation of foreign and domestic insider trading chapters in his book, Insider Trading: The Laws of Europe, the United States and Japan, provides a tremendous service for both international lawyers and United States securities practitioners. The book is a handy reference guide, as its title suggests, to recent statutory provisions passed throughout Europe and Japan, as well as an effective summary of the insider trading laws of the United States.

The Juvenile Death Penalty: Is The United States In Contravention Of International Law?, Lauren B. Kallins

Maryland Journal of International Law

No abstract provided.

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …