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Criminal Law

Case Western Reserve University School of Law

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Full-Text Articles in Law

The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp Jan 2024

The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp

Journal of Law, Technology, & the Internet

When Elaine Herzberg was struck and killed by an Uber autonomous vehicle on a public road in Arizona in 2018, sole criminal responsibility fell on the Uber employee operating the vehicle. Uber escaped all criminal accountability despite evidence of flawed vehicle technology and Uber’s non-existent safety culture. This lack of accountability is confronting given that legislators and courts in Arizona, and in other States, have consistently supported criminal sanctions for corporations who are culpable for the offense of negligent homicide.

The criminal proceedings against the Uber vehicle operator were settled in July 2023, closing off the court’s ability to consider …


The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio Jan 2023

The Ukraine Crisis And The Future Of International Courts And Tribunals, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.


Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton Jan 2023

Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton

Case Western Reserve Journal of International Law

No abstract provided.


Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy Jan 2023

Prosecuting Russian Leaders For War Crimes (Oct. 24, 2021 Broadcast), Talking Foreign Policy

Case Western Reserve Journal of International Law

No abstract provided.


The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle Jan 2023

The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle

Case Western Reserve Journal of International Law

No abstract provided.


Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton Jan 2023

Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton

Case Western Reserve Journal of International Law

No abstract provided.


Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr Jan 2017

Do International Criminal Tribunals Have A Deterrent Effect On Human Rights Abuses?, Rachel Lehr

War Crimes Memoranda

No abstract provided.


Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin Jan 2017

Standard Of Review For Evaluating Post-Conviction Requests For Review, Morgan E. Austin

War Crimes Memoranda

No abstract provided.


The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford Jan 2017

The Legal Authority Of Ice Breaking On The Great Lakes Between The United States Coast Guard And The Canadian Coast Guard, The Implications Of The Ice Breaking Services Fee By The Ccg, And The Potential Liability Of Canadian Criminal Code Section 263 On The Uscg, Jason Edward Stafford

War Crimes Memoranda

No abstract provided.


The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi Jan 2017

The Level Of Proof Required To Indict A Person And Send Them To Trial At The Extraordinary Chambers In The Courts Of Cambodia Specifically Addressing The Levels Of Proof To Indict A Person Of France And Other International Criminal Courts, Also Analysing The Statutes, Documents And Jurispurdiction Of The Eccc To Draw A Conclusion, Xiong Shi

War Crimes Memoranda

No abstract provided.


Convert Or Die Policies As A Form Of Mental Harm Genocide Specifically Addressing The Argument That Convert Or Die Policies Are Acts Committed In Whole Or In Part To Destroy A Religious Group By Causing Mental Harm To Members Of The Religious Group., Ananya Mallavarapu Jan 2017

Convert Or Die Policies As A Form Of Mental Harm Genocide Specifically Addressing The Argument That Convert Or Die Policies Are Acts Committed In Whole Or In Part To Destroy A Religious Group By Causing Mental Harm To Members Of The Religious Group., Ananya Mallavarapu

War Crimes Memoranda

No abstract provided.


In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner Jan 2017

In International Criminal Law Does The Prosecutor Have A Responsibility To Ensure That The Facts Forming The Historical Context In Which Large-Scale Human Rights Abuses Occurred Are Adjudicated At Trial? Why Or Why Not?, Tyler Portner

War Crimes Memoranda

No abstract provided.


Is The Eccc’S Supreme Court Chamber’S Conception Of A Common Criminal Plan In The Case 002/01 Appeal Judgment Supported By Customary International Law? Specifically Addressing The Arguments Surrounding The Supreme Court Chamber’S Rejection Of The Existence Of Jce3 And Whether Post World War Ii Jurisprudence Establishes The Existence Of Jce3 In Customary International Law., Jordan Elizabeth Dinsmore Jan 2017

Is The Eccc’S Supreme Court Chamber’S Conception Of A Common Criminal Plan In The Case 002/01 Appeal Judgment Supported By Customary International Law? Specifically Addressing The Arguments Surrounding The Supreme Court Chamber’S Rejection Of The Existence Of Jce3 And Whether Post World War Ii Jurisprudence Establishes The Existence Of Jce3 In Customary International Law., Jordan Elizabeth Dinsmore

War Crimes Memoranda

No abstract provided.


Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing Jan 2017

Whether The Adoption Of Civil Criminal Justice System As Opposed To The Common Law Criminal Justice System In Eccc Is A Correct Decision. Specifically Addressing The Pros And Cons Of Both Legal Systems, Lulu Jing

War Crimes Memoranda

No abstract provided.


What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah Jan 2017

What Would Be The Legal And Political Ramifications If The Un Decided To Stop Funding The Eccc Prior To The Current Investigations And Trials Being Finalized? Assess The Ramifications In The Cambodian And International Context., Stephanie M. Farah

War Crimes Memoranda

No abstract provided.


Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa Jan 2017

Modes Of Liability, Cumulative Convictions, And Charging Language, Ankita Channarasappa

War Crimes Memoranda

No abstract provided.


Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah Jan 2016

Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah

War Crimes Memoranda

No abstract provided.


Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li Jan 2016

Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li

War Crimes Memoranda

No abstract provided.


Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie Jan 2016

Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie

War Crimes Memoranda

No abstract provided.


Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt Jan 2016

Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt

War Crimes Memoranda

No abstract provided.


Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant Jan 2016

Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant

War Crimes Memoranda

No abstract provided.


Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood Jan 2016

Drawing An Adverse Interest Against The Accused For Refusal To Answer Questions, Emily Sherwood

War Crimes Memoranda

No abstract provided.


Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski Jan 2016

Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski

War Crimes Memoranda

No abstract provided.


The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock Jan 2016

The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock

War Crimes Memoranda

No abstract provided.


How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner Jan 2016

How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner

War Crimes Memoranda

No abstract provided.


Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh Jan 2016

Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh

War Crimes Memoranda

No abstract provided.


Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson Jan 2016

Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson

War Crimes Memoranda

No abstract provided.


Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa Jan 2016

Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa

War Crimes Memoranda

No abstract provided.


Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle Jan 2016

Scope Of A Prosecutor’S Duty To Disclose Impeachment Evidence Under Rules For Courts-Martial 701(A)(6), Lauren Tuttle

War Crimes Memoranda

No abstract provided.


Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola Jan 2016

Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola

War Crimes Memoranda

No abstract provided.