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2005-2006 Nova Southeastern University Farquhar College Of Arts And Sciences Student Catalog, Nova Southeastern University

Undergraduate Programs Course Catalogs

No abstract provided.

Nova Southeastern University 2005-2006 Annual Report, Nova Southeastern University

NSU Annual Reports

No abstract provided.

College Of Optometry Student Handbook 2005-2006, Nova Southeastern University

Health Professions Divisions Course Catalogs and Course Descriptions

No abstract provided.

Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni

Cornell International Law Journal

Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the …

Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson

Cornell International Law Journal

In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister …

Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the principle of international tribunality of jurisdiction is a form of globalization of international criminal justice that has the purpose of preventing the problems seen in the Iraqi Special Tribunal (IST) & the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, & prospective approaches to the system of international law concerning the prosecution & punishment of individuals questions whether the laws of the IST reflect the basic foundations of international criminal justice. The principles of the Criminal Justice System …

In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author proposes a critical & normative "representational theory" of what international criminals should be tried by in a hybrid tribunal framework that surpasses complementarity & primacy, & mitigates the lack of dimension in purely international or domestic trials. A discussion of universality issues regarding sovereignty & complementarity, & the complications of "ownership" in international crimes supports the assertion that the hybrid nature of the theory as a representation of crimes & acknowledgement of the affected communities. Comparative analysis between complementarity & hybridity are applied to the cases …

Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …

Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author questions the critiques of the Iraqi Special Tribunal (IST) to argue that the tribunal offers advantages of availability to citizens in location, language, & differences in legal categories that were not available to people in the former Yugoslavia & Rwanda trials. Language issues that have emerged in fact finding, establishing culpability, & barriers in witness interviews are described. The meaning of moral responsibility in terms of exculpatory evidence, & command responsibility are difficult to communicate or interpret. The advantages of local trials are the increased possibility …

Modes Of Participation In Mass Atrocity, Mark J. Osiel

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author addresses the choice between "command responsibility" & "participation in a joint criminal enterprise" in mass atrocity to argue that the International Criminal Tribunal on the former Yugoslavia (ICTY) makes liability under command responsibility too difficult to prosecute. Analysis of the incentives of prosecutors & the limitations of the binary character of liability delineates the difficulties of linking perpetrators & accessories. The US posture toward enterprise participation is discussed in terms of national versus international prosecutors & superior responsibility. A discussion of the domestic politics of international …

Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author explores the impacts of personality & courtroom conduct in trial outcome to argue that the likenesses between the two defendants will result in Saddam's projection of grand defiance. Biographical narratives of the two leaders trace the psychological development of each personality through childhood to their political careers characterized by defiant resistance & compensatory grandiosity that may be the source of the similarities of behaviors in the courtroom. Asserting that Saddam is following the Milosevic model of courtroom behavior by derailment of the proceeding, exploitation of the …

The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author continues a project of tracing the genealogy of "transitional justice" in an analysis of the trials of the two Presidents. The author argues that an intellectual genealogy of "transitional justice" is defined in terms of periods of political change, & the relation of legal development to distinct political phases in world history & various political purposes are contextualized in the history of responses to political conflict. Three historical phases of the genealogy place the trials in Phase III of transitional justice seeking responses associated with post-Cold …

Prosecuting Saddam: The Coalition Provisional Authority And The Evolution Of The Iraqi Special Tribunal, Tom Parker

Cornell International Law Journal

No abstract provided.

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the Iraqi Special Tribunal (IST) can learn much from the successes & missteps of previous international criminal tribunals. Key lessons from the International Criminal Tribunal on the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), & the Special Court for Sierra Leone (SCSL) are comparatively discussed with statutes of the IST regarding issues of credibility, building prosecutorial strategy, challenges to legitimacy, limitations to the right of self representation, television presence, the role of observers, the Quoque defense, protection of court witnesses, judicial …

Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author discusses issues of interdependence to argue that, although military power can eliminate threats in the short term, in an inextricably interdependent world long term peace can only be sustained by legitimacy. The author's personal experiences at a meeting on the "ethnic cleansing" in the Balkans prior to the creation of the International Criminal Tribunal on the former Yugoslavia (ICTY) are related to the success of "soft power" in judicial disguise, & the relationship between justice for others & political identity in liberal democracies. A historical narrative …

Milosevic And Hussein On Trial, Alfred P. Rubin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses the difficulties of trying Saddam in the International Court of Justice (ICJ) at the Hague to argue that previous cases of genocide have resulted in the political strategy of exile or extermination. Four points that limit the possibilities for an ICJ trial are discussed, & the probable unjustness of the Iraqi Special Tribunal (IST) is related to the treatment of historical cases of Napoleon & Milosevic, & genocide criminals in the Rwanda & Nuremberg criminal trials. The author argues that the current position on genocide …

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.

Genocide And Ethnic Cleansing: Why The Distinction? A Discussion In The Context Of Atrocities Occurring In Sudan, Linnea D. Manashaw

California Western International Law Journal

No abstract provided.

Praise And Promises, Donna Greschner

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

During the past 20 years, equality jurisprudence has not followed a straight line. But it does have points and patterns. This paper offers 15 points about section 15 that are divided into two categories: reasons for praise, and promises still to keep. They aim to place the jurisprudence in a celebratory, comparative, and critical context. Many of us reflecting upon the past 20 years have personal memories of the Charter’s entrenchment in 1982 and section 15’s activation in 1985. Legal events and processes are intertwined with personal stories. While the author connect points in a particular way, draw your own …

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

Designing A Document Delivery System For Ucf S Interlibrary Loan Department, Abha Y. Trivedi

Electronic Theses and Dissertations

Interlibrary Loan entails obtaining copies of library materials not found in the library's collection on behalf of the library's patrons (borrowing), as well as providing copies of library materials requested by other libraries (lending). The dynamic nature of today's library environment is well illustrated by the rapid changes occurring in the role of interlibrary loan. The vision statement of the University of Central Florida Library is: The library performs a central role of adding value to information for the academic community by creatively improving and providing information resources and services. The library strives to create an environment that encourages the …

From Violence And Victimization To Voice And Validation: Incorporating Therapeutic Jurisprudence In A Children's Law Clinic, Carolyn S. Salisbury

St. Thomas Law Review

This article discusses our Clinic's Voice Project and examines the application of Therapeutic Jurisprudence principles to the group of foster children who created the Trapped mural: girls who are victims of abuse and who are committed to psychiatric facilities. In their self-expression, an overwhelming number of the girls focused on their experiences of being sexually abused and feeling re-victimized within the psychiatric and legal systems. Unfortunately, "[u]nlike most victims of other sexualized violence, the victims of child sexual abuse have had little or no voice, creating a literal as well as figurative absence of narrative about the harm." In this …

Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard

St. Thomas Law Review

What is becoming known as Therapeutic Jurisprudence or client-centered representation is new to most line-lawyers or leaders of traditional public defense programs. However, many of these practices have been incorporated into the daily practices within defender offices for decades. Strategies that secure better bonds or sentences lead many public defense programs to seek early entry into the jails and to verify client information. Efforts to learn about "beds" for their clients that were unknown to swamped probation programs have lead offices and individual defenders to actively participate and create alternative treatment programs. Overworked offices hire less expensive sentencing specialists or …

Prison Chaplains And Burnout, Randall Allan Young

Graduate Theses and Dissertations

No abstract provided.

Evaluating The Implementation Of Indiana Area ‘Communities That Care’, David Myers, Michael Arter

Criminal Justice Faculty Publications

‘Communities That Care’ (CTC) is a research-based operating system designed to help communities identify and reduce risk factors, enhance protective factors, and prevent a number of adolescent problem behaviors, including delinquency, violence, substance abuse, school drop-out, and teen pregnancy. Indiana, PA, is one of approximately 125 communities throughout Pennsylvania that have chosen to use the CTC approach to promote the positive development of children and youth in the local area. This paper presents an initial review of Indiana Area CTC, in terms of the planning and implementation efforts that have taken place during the past five years.

Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

• A new look at correcting errors in wills and other donative transfers
• American Society of Comparative Law honors Eric Stein, '42
• At the Supreme Court: 'I never thought it would happen so fast,' Professor Richard D. Friedman says of the change in the law of confrontation that he championed. And graduate Jeffrey L. Fisher, '97, who worked with Friedman on teh successful argument before the U.S. Supreme Court, describes how clerking at the Court taught him that the Court is "where first principles really come first."

Earl Warren: Law Enforcement Leads To Defendants' Rights, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

The following is a condensed version of a talk Yale Kamisar, Clarence Darrow Distinguished University Professor Emeritus of Law at the University of Michigan, and now a member of the University of San Diego law faculty, gave last year at a two-day conference on "Earl Warren and the Warren Court: A Fifty Year Retrospect" held at the University of California (Berkeley).

A paper based on Kamisar's talk, along with other papers that grew out of the conference on Warren, will be published by the Institute of Governmental Studies at UC Berkeley under the editorship of Harry N. Scheiber, director of …

2005 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2005 Winter semester at the University of Michigan Law School

Justice Court Appeals: The Good, The Bad, And The Unintended, Samuel P. Newton

Articles

No abstract provided.