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Articles 31 - 38 of 38
Full-Text Articles in Law
Punish Or Surveil, Diane Marie Amann
Punish Or Surveil, Diane Marie Amann
Scholarly Works
This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were …
Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford
Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford
UF Law Faculty Publications
This year marks the tenth anniversary of California's enactment of the nation's first chemical castration law. This law requires certain sex offenders to receive, as part of their punishment, long-term pharmacological treatment involving massive doses of a synthetic female hormone called medroxyprogesterone acetate (MPA). MPA treatment is described as chemical castration because it mimics the effect of surgical castration by eliminating almost all testosterone from the offender's system. The intended effect of MPA treatment is to alter brain and body function by reducing the brain's exposure to testosterone, thus depriving offenders of most (or all) capacity to experience sexual desire …
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
Michigan Journal of International Law
This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent
Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent
Vanderbilt Journal of Transnational Law
This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
JAPANESE CRIMINAL JUSTICE
By A. Didrick Castberg
New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.
THE INTERNATIONALIZATION OF HUMAN RIGHTS
By David P. Forsythe
Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.
FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall
Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.
ROMAN LAW AND COMPARATIVE LAW
By Alan Watson
Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00
THE U.S. CONSTITUTION AND FOREIGN POLICY
By Victoria Marie Kraft
New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
THE ARAB OIL WEAPON
By Jordan J. Paust & Albert P. Blaustein
Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.
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ARBITRATION IN SWEDEN
Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.
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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES
A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.
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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS
By Victor H. Li
Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.
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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …