Law Commons^™

With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn

War Crimes Memoranda

No abstract provided.

Are The 1949 Geneva Conventions Self-Executing Treaties For Purposes Of Challenges To Military Commissions Procedures?, Rachel E. Cohen

War Crimes Memoranda

No abstract provided.

Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai

War Crimes Memoranda

No abstract provided.

Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.

The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler

War Crimes Memoranda

No abstract provided.

How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph

War Crimes Memoranda

No abstract provided.

What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen

War Crimes Memoranda

No abstract provided.

After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee

War Crimes Memoranda

No abstract provided.

The Legitimacy Of The Establishment Of The Iraqi Special Tribunal, Erin Page

War Crimes Memoranda

No abstract provided.

Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis

War Crimes Memoranda

No abstract provided.

Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens

War Crimes Memoranda

No abstract provided.

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.

Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink

War Crimes Memoranda

No abstract provided.

Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze

War Crimes Memoranda

[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]

The Potential Defense Of The Creation Of Buffer Zones As A Justice For The Anfal Operations, Elizabeth W. Young

War Crimes Memoranda

No abstract provided.

Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett

War Crimes Memoranda

No abstract provided.

What Limitations Are There On The Permissibility Of Public Statements Made By International Criminal Tribunal Prosecutors And Judges?, Megan Mackay Saucier

War Crimes Memoranda

No abstract provided.

Back To The Future Of Conservation: Changing Perceptions Of Property Rights & Environmental Protection, Jonathan H. Adler

Faculty Publications

Property rights hold a central place in our Constitutional design and provide the foundation for America's market economy. Admiration of private property has not been universal, however. Some environmental scholars and policymakers have been particularly critical of classical liberal conceptions of private property on both theoretical and practical grounds, suggesting that traditional, classical liberal notions of property rights are incompatible with the demands of environmental protection. These perspectives influenced the development of command-and-control environmental regulation in the 1960s and 1970s. In recent years, however, the perception of private property's role in environmental conservation has begun to change. Disregard for the …

Owning Persons: The Application Of Property Theory To Embryos And Fetuses, Jessica Wilen Berg

Faculty Publications

Embryos are all over the news. According to the New York Times there are currently 400,000 frozen embryos in storage. Headlines proclaim amazing advances in our understanding of embryonic stem cells. And legislation involving cloning and embryos continues to be hotly debated. Despite the media attention, theoretical analysis of embryos' legal status is lacking.

This article advances a number of novel arguments. First, recognition of property interests does not preclude the recognition of personhood interests. Embryos, fetuses and children may be both persons and property. Second, property law is conceptually more suited to resolving debates about embryos than procreative liberty, …

Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal United States‟ Long Term Care System Through International Means, Ruqaiijah Yearby

Faculty Publications

Legal and medical experts have noted continued racism in the health care system that prevents the equal distribution of quality care. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional racism establishes separate and independent barriers through the neutral denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions …

Race, Trust, Altruism, And Reciprocity, George W. Dent

Faculty Publications

Trust, altruism and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of "rational" human selfishness predict. These findings inspired social scientists to discover what factors promote or hinder cooperation. Legal scholars have employed this learning to determine how the law does or could facilitate or discourage cooperation in many contexts, including business transactions and the workplace. The influence of race on cooperation has been studied in specific areas, but so far no one has considered how the …

Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill

Faculty Publications

The Supreme Court's jurisprudence concerning public displays of religious symbols is notoriously unpredictable. In this Article, Professor Hill argues that the instability and apparent incoherence of the Supreme Court's religious symbolism jurisprudence is due to certain difficulties inherent in discerning the "meaning" or "message" of a religious display. In particular, she attributes the unpredictability of the jurisprudence to the fact that the meaning of the display is dependent on the "context," which is itself an unmanageable and unformalizable concept. This Article, which draws on insights from literary and linguistic theory, breaks with previous commentators' claims that the difficulties with the …

Will Saddam Hussein Get A Fair Trial?, Michael P. Scharf

Faculty Publications

Debate between Dr. Curtis F. J. Doebbler and Professor Michael P. Scharf

Being The Government Means (Almost) Never Having To Say You’Re Sorry: The Sam Sheppard Case And The Meaning Of Wrongful Imprisonment, Jonathan L. Entin

Faculty Publications

Dr. Sam Sheppard was at the center of the highest profile crime in Ohio history. As the Ohio Supreme Court put it, the case contained "[m]urder and mystery, society, sex and suspense." Sheppard's conviction was overturned by the U.S. Supreme Court in a landmark 1966 ruling, but the controversy over the case continues to the present. The final legal chapter in the story may have been written with an unsuccessful wrongful-imprisonment lawsuit brought by the Sheppard estate in April 2000.

This paper uses the long debate over the Sheppard case as a vehicle for exploring the concept of wrongful imprisonment. …

Genetic Enhancement: Plan Now To Act Later, Maxwell J. Mehlman

Faculty Publications

No abstract provided.

Corporate Governance: Still Broke, No Fix In Sight, George W. Dent

Faculty Publications

Dissatisfaction with the governance of public companies is as old as the public company itself, but public concern about corporate governance is spasmodic. Prior reforms did not cure the ills of corporate governance, and there is little reason to think that the recent spate of reforms will be any more effective. The fundamental problem of corporate governance remains what it has always been: the separation of ownership and control. No reform can succeed unless it overcomes this contradiction. Corporate executives determined to preserve their privileges and a number of scholars deny this claim; in effect, these Panglosses consider the status …

Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler

Faculty Publications

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. At the same time, state intervention seeps into areas where a dominant federal role would be more defensible. …

Looking Ahead To The 2005-06 Term (2005), Jonathan H. Adler

Faculty Publications

This essay surveys the upcoming 2005-06 term of the Supreme Court, a term that may be as notable for what it says about the future direction of the Supreme Court as it is for specific decisions in any particular cases. This does not mean the term lacks important cases. To the contrary, this coming year the Court will consider the constitutionality of the Solomon Amendment, address the application of the Religious Freedom Restoration Act to religious use of drugs, and determine whether the federal government can effectively preempt Oregon's decision to legalize doctor-assisted suicide. It will revisit contemporary federalism and …

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

Faculty Publications

In a few months, the trial of Saddam Hussein and other former Iraqi regime leaders will begin before the Iraqi Special Tribunal (IST). The IST is a unique "internationalized-domestic tribunal" whose Statute and Rules of Procedure are modeled upon the UN-created Yugoslavia War Crimes Tribunal (ICTY), Rwanda Genocide Tribunal (ICTR), and the Special Court for Sierra Leone (SCSL), but whose judges are all Iraqis and whose courtroom is in Baghdad. There is much the IST can learn both from the successes and missteps of the ICTY, ICTR, and SCSL; many of the issues that will arise in the trials of …

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski

Faculty Publications

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.