Law Commons^™

Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom

Cornell International Law Journal

No abstract provided.

The Demise Of Sport - The Effect Of Judicially Mandated Free Agency On European Football And American Baseball, Jesse Gary

Cornell International Law Journal

No abstract provided.

Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni

Cornell International Law Journal

Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the …

Intensified International Trade And Security Policies Can Present Challenges For Corporate Transactions, Harry L. Clark, Sanchitha Jayaram

Cornell International Law Journal

No abstract provided.

The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly

Cornell International Law Journal

The Article, proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body ("AB") utilized an "evolutionary" methodology to interpret the conservation of "exhaustible natural resources" exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced ("PPMs") in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …

Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross

Cornell International Law Journal

Explores the opposing opinions of the Israeli Supreme Court & the International Court of Justice (ICJ) on the legality of the security fence constructed by Israel to prevent terrorist infiltration from the Palestinian territories. It is argued that the different conclusions of the two tribunals resulted from inadequate implementation of the legal norms by the ICJ. Difficulties arising from terminological differences between the Supreme Court's judgment & the ICJ opinion are pointed out, along with basic errors related to the ICJs conclusion that the fence was not a matter of self-defense but an issue related to the realization of political …

Beyond The Schoolyard: Workplace Bullying And Moral Harassment Law In France And Quebec, Rachel A. Yuen

Cornell International Law Journal

No abstract provided.

Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson

Cornell International Law Journal

In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister …

Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the principle of international tribunality of jurisdiction is a form of globalization of international criminal justice that has the purpose of preventing the problems seen in the Iraqi Special Tribunal (IST) & the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, & prospective approaches to the system of international law concerning the prosecution & punishment of individuals questions whether the laws of the IST reflect the basic foundations of international criminal justice. The principles of the Criminal Justice System …

Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …

Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author questions the critiques of the Iraqi Special Tribunal (IST) to argue that the tribunal offers advantages of availability to citizens in location, language, & differences in legal categories that were not available to people in the former Yugoslavia & Rwanda trials. Language issues that have emerged in fact finding, establishing culpability, & barriers in witness interviews are described. The meaning of moral responsibility in terms of exculpatory evidence, & command responsibility are difficult to communicate or interpret. The advantages of local trials are the increased possibility …

The Icty Trials And Transitional Justice In Former Yugoslavia, Natasa Kandic

Cornell International Law Journal

No abstract provided.

Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author explores the impacts of personality & courtroom conduct in trial outcome to argue that the likenesses between the two defendants will result in Saddam's projection of grand defiance. Biographical narratives of the two leaders trace the psychological development of each personality through childhood to their political careers characterized by defiant resistance & compensatory grandiosity that may be the source of the similarities of behaviors in the courtroom. Asserting that Saddam is following the Milosevic model of courtroom behavior by derailment of the proceeding, exploitation of the …

Prosecuting Saddam: The Coalition Provisional Authority And The Evolution Of The Iraqi Special Tribunal, Tom Parker

Cornell International Law Journal

No abstract provided.

Modes Of Participation In Mass Atrocity, Mark J. Osiel

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author addresses the choice between "command responsibility" & "participation in a joint criminal enterprise" in mass atrocity to argue that the International Criminal Tribunal on the former Yugoslavia (ICTY) makes liability under command responsibility too difficult to prosecute. Analysis of the incentives of prosecutors & the limitations of the binary character of liability delineates the difficulties of linking perpetrators & accessories. The US posture toward enterprise participation is discussed in terms of national versus international prosecutors & superior responsibility. A discussion of the domestic politics of international …

Former Heads Of State On Trial, Mikhail Wladimiroff

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author explores issues surrounding the development of accountability for violations of international humanitarian law for former heads of state & national leaders. Procedural issues faced in the creation of special courts, the functional responsibility of military & civilian superiors, & the development of immunity through previous trials are discussed. The trial issues that emerged from Milosevic's claim of illegality & self representation are discussed in terms of the expectations of the Hussein trial indictments & defense. The author asserts that both trials are in a midway stage, …

Errors And Missteps: Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Michael P. Scharf, Ahran Kang

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the Iraqi Special Tribunal (IST) can learn much from the successes & missteps of previous international criminal tribunals. Key lessons from the International Criminal Tribunal on the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), & the Special Court for Sierra Leone (SCSL) are comparatively discussed with statutes of the IST regarding issues of credibility, building prosecutorial strategy, challenges to legitimacy, limitations to the right of self representation, television presence, the role of observers, the Quoque defense, protection of court witnesses, judicial …

The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author continues a project of tracing the genealogy of "transitional justice" in an analysis of the trials of the two Presidents. The author argues that an intellectual genealogy of "transitional justice" is defined in terms of periods of political change, & the relation of legal development to distinct political phases in world history & various political purposes are contextualized in the history of responses to political conflict. Three historical phases of the genealogy place the trials in Phase III of transitional justice seeking responses associated with post-Cold …

Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author discusses issues of interdependence to argue that, although military power can eliminate threats in the short term, in an inextricably interdependent world long term peace can only be sustained by legitimacy. The author's personal experiences at a meeting on the "ethnic cleansing" in the Balkans prior to the creation of the International Criminal Tribunal on the former Yugoslavia (ICTY) are related to the success of "soft power" in judicial disguise, & the relationship between justice for others & political identity in liberal democracies. A historical narrative …

The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses procedural challenges to proving genocide in the trial of Saddam Hussein to argue that the legitimacy of the Iraqi Special Tribunal (IST) & the proof of genocide rest on a sense of fairness, transparency, & completion of trials on a reasonable schedule. The Geneva Convention definition of genocide is discussed in terms of the impact of general verses specific intent in the International Criminal Tribunal for the former Yugoslavia (ICTY). A historical analysis of the colonial creation of Iraq relates Saddam's style of government control …

Theories Of Emergency Powers: A Comparative Analysis Of American Martial Law And The French State Of Siege, William Feldman

Cornell International Law Journal

No abstract provided.

Injecting Diversity Into U.S. Immigration Policy: The Diversity Visa Program And The Missing Discourse On Its Impact On African Immigration To The United States, Andowah A. Newton

Cornell International Law Journal

No abstract provided.

Separate But Equal And Single-Sex Schools, Gary J. Simson

Cornell Law Review

No abstract provided.

Doing Business In The Middle East: A Primer For U.S. Companies, John H. Donboli, Farnaz Kashefi

Cornell International Law Journal

No abstract provided.

Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan

Cornell International Law Journal

Argues that eliminating international institutions is the best way to solve the problem of inadequate national regulation. Private actions that frustrate competition are highlighted to show that the problem of government failure exists at the international level. The nature of competition policy & its potential for abuse are described to point out the inseparability of competition policy & trade policy, as well as difficulties that result from the less transparent nature of competition law. A review of proposals to develop international regimes to accommodate substantive competition law or allocate regulatory jurisdiction emphasizes why such regimes are likely to be unsatisfactory. …

Trinko: Going All The Way, George A. Hay

Cornell Law Faculty Publications

Juror Bias Is A Special Problem In High-Profile Trials, Valerie P. Hans

Cornell Law Faculty Publications

Scott Peterson's jury convicted him and sentenced him to death. Whether he had a fair jury is a question that the appellate courts will confront as they review Peterson's appeal of his conviction and sentence. Would the jury have reached the same decisions if the case had not been so extensively covered in the media? Or was Scott Peterson condemned by media publicity? Whatever your verdict, the Peterson trial provides yet another example of the hurdles to fair trials in high-profile cases.

The Evolving Diversity Rationale In University Admissions: From Regents V. Bakke To The University Of Michigan Cases, Marcia G. Synnott

Cornell Law Review

No abstract provided.

Death Sentence Rates And County Demographics: An Empirical Study, Theodore Eisenberg

Cornell Law Review

No abstract provided.

Book Review

Cornell Law Review

No abstract provided.