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Full-Text Articles in Law

Subsidiarity And/Or Human Rights, Daniel T. Murphy Jan 1994

Subsidiarity And/Or Human Rights, Daniel T. Murphy

Law Faculty Publications

The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.


A Typology Of Transjudicial Communication, Anne-Marie Slaughter Jan 1994

A Typology Of Transjudicial Communication, Anne-Marie Slaughter

University of Richmond Law Review

Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."


Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe Jan 1994

Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe

University of Richmond Law Review

On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.


Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite Jan 1994

Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite

University of Richmond Law Review

The recent caning of an eighteen year old American student by officials in Singapore sparked much debate over the appropriateness of corporal punishment in criminal cases. Many Americans question the humaneness of criminal penalties imposed in foreign lands. While quick to identify human rights violations around the world, the United States government has been reluctant to concede that abuses occur within the American-criminaljustice system.