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Full-Text Articles in Law

Reconciling The Sanctity Of Human Life, The Declaration Of Independence, And The Constitution, Paolo Torzilli Nov 2017

Reconciling The Sanctity Of Human Life, The Declaration Of Independence, And The Constitution, Paolo Torzilli

The Catholic Lawyer

No abstract provided.


Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas Oct 2017

Unpacking The Deterrent Effect Of The International Criminal Court: Lessons From Kenya, Yvonne M. Dutton, Tessa Alleblas

St. John's Law Review

(Excerpt)

This Article proceeds as follows. Part I begins by explaining deterrence theory in more detail. It follows with an overview of the debate surrounding the ability of international criminal tribunals and the ICC to produce a deterrent effect.

In Part II, we advance our argument regarding the need to reframe the debate about the ICC’s potential to deter. We explain the reasons why the ICC’s deterrent effect must be unpacked and, in doing so, we describe several factors that influence whether and under what conditions the ICC should or should not be able to deter. In Part III, we …


How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson Oct 2017

How To Read International Criminal Law: Strict Construction And The Rome Statute Of The International Criminal Court, Caroline Davidson

St. John's Law Review

(Excerpt)

The Article proceeds in four parts. Part I introduces the Rome Statute’s provision on nullum crimen sine lege, focusing in particular on its requirements that judges strictly construe crime definitions, construe ambiguous provisions in favor of defendants, and avoid crime creation by analogy. It offers working definitions for relevant concepts and describes some of the difficulties in applying them, particularly in light of the Rome Statute’s provision setting out the sources of law the court is to consider. Part II asks whether strict construction makes sense in the context of international crimes. It assesses the values that undergird the …


On The Prevention Of Violence, Robert A. Friedlander Aug 2017

On The Prevention Of Violence, Robert A. Friedlander

The Catholic Lawyer

No abstract provided.


Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello Aug 2017

Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello

The Catholic Lawyer

No abstract provided.


Jimmy Carter - Human Rights, Richard M. O'Dea Apr 2017

Jimmy Carter - Human Rights, Richard M. O'Dea

The Catholic Lawyer

No abstract provided.


There Is More To Come: The Analytical Dynamics Of Human Rights And Social Need, Stewart B. Whitney Apr 2017

There Is More To Come: The Analytical Dynamics Of Human Rights And Social Need, Stewart B. Whitney

The Catholic Lawyer

No abstract provided.


Human Rights In America, Walter F. Mondale Apr 2017

Human Rights In America, Walter F. Mondale

The Catholic Lawyer

No abstract provided.


Regional Institutions Assuring The Development Of Fundamental Liberties: The American Hemisphere, John L. A. De Passalacqua Mar 2017

Regional Institutions Assuring The Development Of Fundamental Liberties: The American Hemisphere, John L. A. De Passalacqua

The Catholic Lawyer

No abstract provided.


Book Note: The Human Right To Individual Freedom: A Symposium On World Habeas Corpus Mar 2017

Book Note: The Human Right To Individual Freedom: A Symposium On World Habeas Corpus

The Catholic Lawyer

No abstract provided.