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Articles 1 - 13 of 13
Full-Text Articles in Law
Fact-Finding Without Rules: Habermas's Communicative Rationality As A Framework For Judicial Assessments Of Digital Open-Source Information, Matthew Gillett
Fact-Finding Without Rules: Habermas's Communicative Rationality As A Framework For Judicial Assessments Of Digital Open-Source Information, Matthew Gillett
Michigan Journal of International Law
Jürgen Habermas’s theory of “communicative rationality” (also known as “communicative action”) provides a promising conceptual apparatus through which to justify and validate the International Criminal Court’s consideration of the emerging phenomenon of digital open-source information. Because of its process-based and inclusive qualities, Habermas’s communicative rationality is particularly apposite for the dynamic nature of digital open-source information and the heterogenous range of actors and institutions which have relevant experiences and skills to contribute to the generation of norms and determinations regarding its role before the Court. This is important, as the International Criminal Court’s procedural framework is largely silent on digital …
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart
Michigan Journal of International Law
Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Michigan Journal of International Law
This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …
Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas
Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas
Michigan Journal of International Law
Review of International Criminal Evidence by Richard May & Marieke Wierda
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Michigan Journal of International Law
Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …
Time For Final Action On 18 U.S.C. § 3292, Abraham Abramovsky, Jonathan I. Edelstein
Time For Final Action On 18 U.S.C. § 3292, Abraham Abramovsky, Jonathan I. Edelstein
Michigan Journal of International Law
18 U.S.C. § 3292 was enacted in order to meet a compelling prosecutorial need-the increasing necessity of obtaining evidence from abroad via procedures which are frequently time-consuming. However, the statute contains numerous ambiguities, as well as built-in disadvantages both to prosecutors and defendants, which diminish its value as a prosecutorial evidence-gathering device while increasing the possibility that defendants' rights and expectations will be violated. However, it is possible to interpret the statute in a manner which is consistent with its terms and purpose and which concomitantly preserves the rights of the Government and of grand jury targets.
Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl
Michigan Journal of International Law
Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Michigan Journal of International Law
This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.
Burdens Of Proof, Jose E. Alvarez
Burdens Of Proof, Jose E. Alvarez
Michigan Journal of International Law
Review of the book Fact-Finding Before International Tribunals edited by Richard B. Lillich
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
Michigan Journal of International Law
This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.
International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau
International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau
Michigan Journal of International Law
In February 1976, officials of the Lockheed Aircraft Corporation testified before a Senate committee that their company had paid $12.6 million in bribes, commissions and fees to Japanese businessmen and government officials to promote sales of Lockheed planes. News of these bribes rocked Japan's political establishment and governmental institutions. The Japanese Diet (parliament) passed a resolution urging that the United States government disclose to the Diet the names of the Japanese officials involved in these bribes. Prime Minister Takeo Mild sent a personal letter to President Ford requesting that the United States make available all information in its possession bearing …
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
Michigan Journal of International Law
This article describes some of the means by which police and prosecutors obtain information in international criminal matters. An exhaustive catalog is not presented; rather, examples of international cooperation and conflict are dwelled upon to illustrate the need for systematic development of international law principles governing the interpretation and application of treaties, and the enforcement in both the demanding and the rendering state of rules concerning information exchange. These rules and principles should honor expectations of privacy and confidentiality, make dear the obligations of foreign persons and entities, including financial institutions, and ensure mutual respect for the sovereign interests of …
The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff
The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff
Michigan Journal of International Law
This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.