Digital Commons Network^™

Ceding The High Ground: The Iraqi High Criminal Court Statute And The Trial Of Saddam Hussein, M. Cherif Bassiouni, Michael Wahid Hanna

Case Western Reserve Journal of International Law

No abstract provided.

Chaos In The Courtroom: Controlling Disruptive Defendants And Contumacious Counsel In War Crimes Trials, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Lessons Learned From The Iraqi High Tribunal: The Need For An International Independent Investigation, Christopher M. Rassi

Case Western Reserve Journal of International Law

No abstract provided.

A Poisoned Chalice: The Substantive And Procedural Defects Of The Iraqi High Tribunal, Kevin Jon Heller

Case Western Reserve Journal of International Law

No abstract provided.

Media Matters: Reflections Of A Former War Crimes Prosecutor Covering The Iraqi Tribunal, Simone Monasebian

Case Western Reserve Journal of International Law

No abstract provided.

Icc Inability Determinations In Light Of The Dujail Case, Gregory S. Mcneal

Case Western Reserve Journal of International Law

No abstract provided.

Dujail Opinions, Trial And Appeals

Case Western Reserve Journal of International Law

No abstract provided.

Atrocity Crimes Framing The Responsibility To Protect, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.

Boxed In - Semantic Indifference To Atrocity, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

The International Criminal Court: Seeking Global Justice, Luis Moreno-Ocampo

Case Western Reserve Journal of International Law

No abstract provided.

The Punishment And Prevention Of Genocide: The International Criminal Court As A Benchmark Of Progress And Need, Christine H. Chung

Case Western Reserve Journal of International Law

No abstract provided.

Defending Individuals Accused Of Genocide, Mikhail Wladimiroff

Case Western Reserve Journal of International Law

No abstract provided.

Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley

Utah Law Review

The issue of victims' access to presentence reports will undoubtedly receive more and more attention as federal courts continue to give definition to the provisions of the Crime Victims' Rights Act. While the CVRA clearly seeks to provide victims a greater participatory role in the criminal justice process, confidentiality concerns may outweigh full disclosure ofpresentence reports.

Above The Law: Unlawful, Executive Authorizations Regarding Detainee Treatment, Secret Renditions, Domestic Spying, And Claims To Unchecked Executive Power, Jordan J. Paust

Utah Law Review

Whether they constitute "torture" or "violence to life and person," it is quite clear that the tactics portrayed in photos from Abu Ghraib Prison, namely the stripping naked and hooding of persons for interrogation purposes and the use of dogs for interrogation and terroristic purposes, are patently illegal interrogation tactics. Such treatment violates the explicit rights of detainees of any status covered by various treaty-based and customary international legal prohibitions of cruel, inhuman, degrading, and humiliating treatment, physical coercion, threats of violence, measures of intimidation, and terrorism during any armed conflict and regardless of purpose or feigned excuses on the …

Treating Crime Victims Fairly: Integrating Victims Into The Federal Rules Of Criminal Procedure, Paul G. Cassell

Utah Law Review

Federal courts should treat crime victims fairly in the criminal process. In a nod to that goal, the Advisory Committee on the Federal Rules of Criminal Procedure (Advisory Committee) has circulated for public comment proposed amendments to the Federal Rules of Criminal Procedure (the Rules) regarding crime victims' rights. These amendments attempt to implement the recentlyenacted Crime Victims' Rights Act (CVRA),l which guarantees crime victims a series of rights, including the right to be treated fairly. Unfortunately, the proposed amendments are mere tentative, half measures that do not begin to fully protect crime victims.

Contagious Efficiency: The Growing Reliance On U.S.-Style Antitrust Settlements In Eu Law, George Stephanov Georgiev

Utah Law Review

Antitrust enforcement has been one of the great success stories of the EU integration project. Between 1962 and 2004, antitrust law did much to promote the common market, one of the preconditions for the creation of "an ever closer union among the peoples of Europe. After 2004, antitrust law still plays an important role in promoting economic liberalism and safeguarding against the introduction on the national level of protectionist policies that stymie growth and weaken EU integration. It is for this reason that the design and the performance of the antitrust regime are so important. And it is also for …

Driving Down The Wrong Road: The Fifth Circuit's Definition Of Unauthorized Use Of A Motor Vehicle As A Crime Of Violence In The Immigration Context., Heather Harrison Volik

St. Mary's Law Journal

Individuals who are not United States citizens and participate in violent or severe criminal activity are likely to be deported and become inadmissible for life. But noncitizens can also be deported for minor criminal activity which does not cause harm or serious damage. In such cases, deportation is an extreme punishment out of proportion to the offense. Unauthorized use of a motor vehicle (UUMV) is an example of a crime which can be committed without serious harm or damage. The Fifth Circuit regularly sustains decisions of lifetime reentry ban for noncitizens convicted of UUMV. Under immigration law, “aliens” who are …

Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

When considering the defendant's plea, barristers, like lawyers, have two overriding, selfish interests: maximizing remuneration and avoiding sanction. The tension between defendant and defender is most acute when the defendant is indigent and the defender has been chosen to represent him. It is their relationship that is addressed in this article.

The goal is to align the defender's selfish interests with the defendant's need for thoughtful advice over how to plead, so that, behind the guise of apparently disinterested advice, the advocate is not pursuing his interests at the defendant's expense. By contrast to most American practice, the method of …

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy

Animal Law Review

The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …

Prosecutorial Passion, Cognitive Bias, And Plea Bargaining, Alafair Burke

Hofstra Law Faculty Scholarship

With the number of criminal defendants exonerated by DNA evidence nearing the two hundred mark, and with multiple states flirting with death penalty moratoriums in part to avoid killing the innocent, we appear to stand at a milestone in our treatment of claims by criminal defendants that they have been wrongly convicted. Some have declared the dawn of a new movement to support claims of innocence. Others have gone so far to call the movement a revolution. Regardless of what we call this burgeoning movement-slash-revolution, it is increasingly attempting to fold in the prosecutors who have traditionally been depicted as …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Rita, Reasoned Sentencing, And Resistance To Change, Douglas A. Berman

Denver Law Review

No abstract provided.

Rita, District Court Discretion, And Fairness In Federal Sentencing, Lynn Adelman, Jon Dietrich

Denver Law Review

No abstract provided.

An Appellate Perspective On Federal Sentencing After Booker And Rita, Jeffrey S. Sutton

Denver Law Review

No abstract provided.

Disqualifying A District Attorney When A Government Witness Was Once The District Attorney's Client: The Law Between The Courts And The State, Eli Wald

Denver Law Review

No abstract provided.

Dred Scott: Tiered Citizenship And Tiered Personhood, Henry L. Chambers, Jr.

Law Faculty Publications

Part I of this brief essay discusses Dred Scott and the Court's acceptance of tiered citizenship and tiered personhood. Part II discusses the Reconstruction Amendments as a response to tiered citizenship and tiered personhood. Part III notes two issues-felon disfranchisement and the treatment of detainees in the War on Terror-that help illuminate tiered citizenship and tiered personhood and help us evaluate the conditions under which citizenship and personhood rights may be restricted without creating tiers of citizenship and tiers of personhood.

Comments: Electronic Access To Court Records: Shifting The Privacy Burden Away From Witnesses And Victims, John Losinger

University of Baltimore Law Review

No abstract provided.

2007 Lynn University Men's Baseball Media Guide, Lynn University Athletics

Athletics Media Guides

The 2007 Lynn University Baseball Media Guide is a product of the Lynn University Sports Information Office.

Report Of William & Mary Marshall-Wythe School Of Law 2006-2007, William & Mary Law School

Annual Report

No abstract provided.