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Criminal Law

Jurisdiction

Articles in Law Reviews & Other Academic Journals

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Full-Text Articles in Law

Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal Jan 2018

Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.


Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal Jan 2016

Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal Jan 2013

Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

In October 2012, a panel of the D.C. Circuit dealt a blow to the United States’ post- September 11, 2001 decade-long experiment with military commissions as a forum for trying Guantanamo Bay detainees. Specifically, the court concluded that prior to the 2006 statutory reforms, military commission jurisdiction was limited to violations of internationally-recognized war crimes; that providing material support to terrorism was not an internationally-recognized war crime; and that the military commission conviction of Salim Hamdan for material support charges based on pre-2006 conduct was therefore invalid. Three months later, a panel of the D.C. Circuit reached the same conclusion …


The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Dec 2006

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher Jan 2004

Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher Jan 2003

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes Jan 2001

Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes Jan 2000

Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher Jan 1999

Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.