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Duke Law

1996

Law and Contemporary Problems

Analysis

Articles 1 - 9 of 9

Full-Text Articles in Law

Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner Oct 1996

Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner

Law and Contemporary Problems

One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.


International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni Oct 1996

International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni

Law and Contemporary Problems

There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.


Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb Jul 1996

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.


Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black Jul 1996

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.


Foreword, Joe S. Cecil, Gerald T. Wetherington Jul 1996

Foreword, Joe S. Cecil, Gerald T. Wetherington

Law and Contemporary Problems

No abstract provided.


Reluctant Experts, Paul D. Carrington, Traci L. Jones Jul 1996

Reluctant Experts, Paul D. Carrington, Traci L. Jones

Law and Contemporary Problems

Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.


Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff Jul 1996

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.


Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer Jul 1996

Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer

Law and Contemporary Problems

Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.


A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil Jul 1996

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.