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Articles 2851 - 2880 of 2906
Full-Text Articles in Entire DC Network
The Employer And The Law Of Privacy In The Workplace - The U.S. Model To Date, Arthur P. Menard, Anne K. Morrill
The Employer And The Law Of Privacy In The Workplace - The U.S. Model To Date, Arthur P. Menard, Anne K. Morrill
North Carolina Journal of International Law
No abstract provided.
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
UC Law SF International Law Review
In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …
The Penal Characteristics Of Conventional International Criminal Law, M. Cherif Bassiouni
The Penal Characteristics Of Conventional International Criminal Law, M. Cherif Bassiouni
Case Western Reserve Journal of International Law
No abstract provided.
The Foundations Of International Criminal Law: A Present-Day Inquiry, Robert A. Friedlander
The Foundations Of International Criminal Law: A Present-Day Inquiry, Robert A. Friedlander
Case Western Reserve Journal of International Law
No abstract provided.
The Theoretical Basis Of Punishment In International Criminal Law, Farooq Hassan
The Theoretical Basis Of Punishment In International Criminal Law, Farooq Hassan
Case Western Reserve Journal of International Law
No abstract provided.
Book Reviews, Book Reviews
Book Reviews, Book Reviews
Case Western Reserve Journal of International Law
A Trial of Generals, The Islamic Criminal Justice System, Conciliation and Arbitration Procedures in Labour Disputes
International Criminal Law: Civitas Maxima--An Overview, Gerhard O.W. Mueller
International Criminal Law: Civitas Maxima--An Overview, Gerhard O.W. Mueller
Case Western Reserve Journal of International Law
No abstract provided.
Reflections On The Creation Of A Unified Criminal Law, Theo Vogler
Reflections On The Creation Of A Unified Criminal Law, Theo Vogler
Michigan Journal of International Law
Many commentators have pointed to the goal of creating a unified criminal law, accepted in all countries and accompanied by an international penal authority to secure its enforcement. It is easy to recognize the great advantages of a unified, global law. In the field of criminal law in particular, the compelling authority of a penal code would be much more persuasive to the individual citizen than today's criminal law, the proscriptions of which vary from state to state. The law appears arbitrary, generating exterior compliance but not true consent.
Emerging Functions Of Formal Legal Institutions In China's Modernization, Stanley B. Lubman
Emerging Functions Of Formal Legal Institutions In China's Modernization, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
In 1977 when China's leaders dedicated themselves to the four modernizations, they consciously decided to reestablish formal legal institutions as part of their ambitious plan of growth. In light of China's legal history since the Communist victory in 1949, this decision is significant. Since 1949 law had borne the heavy imprint of politics; since the late nineteen-fifties, the Chinese leadership had shown little concern for the fate of formal legal institutions; during the Cultural Revolution, the legal system had virtually disappeared. But since 1977, despite fluctuations in economic policy the attitudes of the leadership toward law, repeatedly echoed by lower …
On Clandestine Warfare, Robert E. Rodes, Jr.
On Clandestine Warfare, Robert E. Rodes, Jr.
Washington and Lee Law Review
No abstract provided.
Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.
Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.
Washington and Lee Law Review
No abstract provided.
Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu
Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Fordham International Law Journal
This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
Structural Changes In The Organization And Operation Of China's Criminal Justice System, Hungdah Chiu
Structural Changes In The Organization And Operation Of China's Criminal Justice System, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
Fordham International Law Journal
The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will compare the courts' interpretation with that of the government of the United States. Part II will attempt to resolve the jurisdictional issue by examining the language of the political offense exception in recent treaties. Part III will discuss the constitutional effect of the political question …
The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck
The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck
UC Law SF International Law Review
The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.
The Un Declaration On Friendly Relations And The System Of The Sources Of International Law, James Ellis
The Un Declaration On Friendly Relations And The System Of The Sources Of International Law, James Ellis
Dalhousie Law Journal
The United Nations Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations was adopted as a Resolution of the General Assembly in 1970. Since then, most of the countries in the Third World, actively supported by the Soviet Union and its allies in eastern Europe, have tended to give this document an authority that is akin to that of the Sermon on the Mount. At the same time they, as well as a number of lawyers in the western world, have increasingly argued that resolutions of the …
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
UC Law SF International Law Review
This article examines victim compensation laws and compares the civil law approach, as exemplified by the French action civile, to the common law approach, as exemplified by the California statutory scheme. The author proposes a hybrid system as the best method of solving problems sought to be addressed by victim compensation laws.
Extradition And Double Jeopardy: Will The Same Transaction Test Succeed In An International Context, Shelley M. Goldstein
Extradition And Double Jeopardy: Will The Same Transaction Test Succeed In An International Context, Shelley M. Goldstein
North Carolina Journal of International Law
No abstract provided.
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley
Scholarly Works
In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …
The Right Of The Individual To Know And Act Upon His Rights And Duties: Monitoring Groups And The Helsinki Final Act, Virginia A. Leary Professor Of Law,
The Right Of The Individual To Know And Act Upon His Rights And Duties: Monitoring Groups And The Helsinki Final Act, Virginia A. Leary Professor Of Law,
Vanderbilt Journal of Transnational Law
The provisions of the Helsinki Final Act relating to human rights stimulated a most extraordinary and probably unforeseen development the creation of ad hoc private citizen monitoring groups in signatory countries. No other international instrument on human rights has had a similar effect. The activities of these monitoring groups cannot be over emphasized. The phrase in Principle VII of the Final Act that the signatory states confirm the right of the individual to know and act upon his rights and duties constituted international recognition of the legitimacy of participation by private individuals in the monitoring of their own country's conformity …
Military Justice A Reinforcer Of Discipline, Robert S. Poydasheff
Military Justice A Reinforcer Of Discipline, Robert S. Poydasheff
International Law Studies
No abstract provided.
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Fordham International Law Journal
Focuses on the West German gorvernment's political response to terrorism specifically surveying the changes deemed to be necessary in the areas of law enforcement, substantive criminal law and criminal procedure. Also, it considers the reaction to these measures and compares the view of the West German government with that of various critics.
Torture In The International Community--Problems Of Definition And Limitation--The Case Of Northern Ireland, Ellen B. Cohn
Torture In The International Community--Problems Of Definition And Limitation--The Case Of Northern Ireland, Ellen B. Cohn
Case Western Reserve Journal of International Law
No abstract provided.
Books Received, Books Revceived
Books Received, Books Revceived
Case Western Reserve Journal of International Law
No abstract provided.
A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …
Health Care As A Human Right, Roger A. Ritvo, Edward A. Mckinney, Pranab Chatterjee
Health Care As A Human Right, Roger A. Ritvo, Edward A. Mckinney, Pranab Chatterjee
Case Western Reserve Journal of International Law
No abstract provided.
Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman
Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman
Vanderbilt Journal of Transnational Law
Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …
Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg
Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg
Faculty Scholarship
The General Assembly of the United Nations has proclaimed 1979 to be the International Year of the Child. It is also the twentieth anniversary of the United Nations' Declaration of the Rights of the Child. The concept of the rights of the child is of relatively recent origin. This modern notion that a child is entitled to special protection, opportunities and facilities emanates from two historical sources. First, it reflects the culmination of the evolution of the concept of childhood. Second, it springs from the development in the nineteenth and twentieth centuries of the juristic concept of the child as …