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The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Cumulative Subject Index To Volumes 1-25, Index

Case Western Reserve Journal of International Law

No abstract provided.

Private Lawyers In Contemporary Society: Thailand, Viraphong Boonyobhas

Case Western Reserve Journal of International Law

No abstract provided.

The Judiciary In Contemporary Society: Japan, Ichiro Kitamura

Case Western Reserve Journal of International Law

No abstract provided.

Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara

Fordham International Law Journal

Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …

The Passive Personality Principle, Geoffrey R. Watson

Scholarly Articles

This Article examines the merits of the passive personality principle of criminal jurisdiction, focusing particularly on United States practice. Part II traces the evolution of passive personality jurisdiction in United States law, asserting that passive personality jurisdiction had almost no place in United States law until the 1970s, when Congress began to seek ways to punish terrorist acts against Americans overseas. Part III argues that international law should permit states to exercise passive personality jurisdiction, but only if the defendant is not prosecuted either by the state in which the crime was committed or by the defendant's home state. Part …

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

No abstract provided.

Ira J. Kurzban: Lawyer As Hero, Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

General Index

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley

Dalhousie Law Journal

The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …

International Human Rights Law: A Development Overview And Domestic Application Within The U.S. Criminal Justice System, William D. Auman

North Carolina Central Law Review

No abstract provided.

International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen

BYU Law Review

No abstract provided.

Mexico's New Foreign Investment Regulations: A Legal Analysis, J. H. Kepner Jr.

Syracuse Journal of International Law and Commerce

new Regulations seem to open Mexico up for foreign investment, they cause potential legal problems of which an investor must be aware. The Regulations are vague and confusing in many areas, and the Mexican government exercises great discretion in interpreting many of its provisions. Moreover, the Regulations, as they are written, appear to violate certain provisions of Mexico's Constitution. 7 If so, a potential investor may one day find, that though he followed the Regulations to the letter, he nonetheless violated Mexican law. This could have serious ramifications for both himself and his investment.

Toward A Common U.S.-Mexican Cultural Heritage: The Need For A Regional Americas Initiative In The Recovery And Return Of Stolen Cultural Property, Leslie S. Potter, Bruce Zagaris

Global Business & Development Law Journal

No abstract provided.

The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia

Penn State International Law Review (1982 - 2011)

No abstract provided.

Is The United States Government Justified In Indefinitely Detaining Cuban Exiles In Federal Prisons?, Brigitta I. Sandberg

Penn State International Law Review (1982 - 2011)

No abstract provided.

The New World Order And The Need For An International Criminal Court, William N. Gianaris

Fordham International Law Journal

This Article contends that the current status of international law enforcement is inadequate to address the newly emergent problems of international crime and that new measures are needed. Part I briefly reviews the historical background of international cooperation in the field of law enforcement, including past attempts to form an international criminal court. Part II describes and analyzes the current status of international law enforcement, including the most recent and extensive attempt to increase the level of cooperation in the field of international drug trafficking, the 1988 U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Part III …

Weakness Of The Collateral Consequences Doctrine: Counsel's Duty To Inform Aliens Of The Deportation Consequences Of Guilty Pleas, Guy Cohen

Fordham International Law Journal

This Note argues that attorneys have an affirmative duty to inform defendants of the immigration ramifications of guilty please. Part I analyzes the general test for ineffective assistance of counsel, the rules and standards related to guilty please and the overlap between criminal law and immigration law. Part II examines the split of authority in the lower courts over whether misinforming or failing to inform defendants about immigration reprecussions should result in reversal of guilty pleas. Part III argues that attorneys have a duty to inform aliens of the deportation possibilities of guilty pleas.

Cumulative Subject Index To Volumes 1-23, Index

Case Western Reserve Journal of International Law

cumulative subject index

Wanted: Criminal Justice -Colombia's Adoption Of A Prosecutorial System Of Criminal Procedure, Michael R. Pahl

Fordham International Law Journal

This Article explores the fundamental historical change in Colombia's criminal procedure. Part I of this Article will present a brief history of the inquisitorial system of criminal procedure, laying the foundation for an understanding the unique Columbian development of criminal procedure. A description of Colombia's inquisitorial system follows, focusing especially on structural barriers in the previous inquisitorial system that hampered effective law enforcement. Part II discusses the failure of the inquisitorial system. A description of the prosecutorial system adopted in November 1991 is then presented in Part III.

In Re Extradition Of Khaled Mohammed El Jassem: The Demise Of The Political Offense Provision In U.S.-Italian Relations, Santo F. Russo

Fordham International Law Journal

This Comment argues that the Al-Jawary decision is justified and that the cooperation achieved between the United States and Italy in this case reveals the importance of adhering to legal channels in the extradition of terrorists. Part I examines the history of extradition and reviews the respective approaches to the political offense doctrine adopted by both the United States and Italy. Part II discusses the factual and procedural background of AI-Jawary, the judgment of the Court of Cassation, and the reasoning behind the Court's opinion. Part III argues that AI-Jawary represents a proper interpretation of the political offense doctrine under …

Dilemmas Of Justice, Ruti G. Teitel

Other Publications

No abstract provided.

The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley

Scholarly Works

Any inquiry into the merits of an international criminal court must start with resolving three basic issues:

1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?

2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?

3. Will the recommended system improve efficiency …

Nuremberg: Forty Five Years Later, Matthew Lippman

Connecticut Journal of International Law

The year 1991 marks the forty-fifth anniversary of the verdict in the International Military Tribunal's trial at Nuremberg of leading officialg of the Third Reich. This anniversary provides an opportunity to reflect on the trial and to reassess its justification and significance. This may appear to involve a retracing of well-worn ground. However, the trial has received relatively limited attention from international law scholars over the last several decades.' This article sketches the events leading up to the trial. The judgment is then outlined and considered, and the importance of the trial is evaluated. This article concludes that the Nuremberg …

An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan

UC Law SF International Law Review

Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …

Anonymous Bank Accounts: Narco-Dollars, Fiscal Fraud, And Lawyers, William W. Park

Fordham International Law Journal

This Article will focus on how lawyers in countries with a tradition of bank secrecy have played a part in maintaining their clients' anonymity vis-à-vis bankers. For comparative purposes the Article will also comment on the banker's interest in knowing his or her customer's identity in a tax context, particularly when the customer claims the benefits of income tax treaties. My modest purpose is to help us all to be more aware of the divergent ethical implications of bank account anonymity.