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Full-Text Articles in Law
Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie
Miranda And Its (More Rights-Protective) International Counterparts, Megan A. Fairlie
Faculty Publications
The goal of this article is to encourage the international legal community to revisit its unexamined acceptance of strategic communications. This can lead to a debate that, at a minimum, should prompt Court supporters — specifically civil society members — to think carefully before engaging in conduct that creates dangerous consequences for the ICC.
Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie
Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie
Faculty Publications
This article explores the ability of the International Criminal Tribunal for the former Yugoslavia to create and amend its own Rules of Procedure and Evidence. It also focuses on the manner in which the Tribunal addresses issues that arise, throughout the course of its proceedings, for which its statute and rules are silent. This article advances the theory that, when confronted with issues that are controversial, complex, or for which there is a lack of consensus among national legal systems or the Tribunal’s judiciary, the Court should simply decide the case before it rather that create broad and binding rules. …