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Full-Text Articles in Law
Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci
Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci
Vanderbilt Journal of Transnational Law
In this Article, the Author undertakes a comprehensive study of interim measures ordered in human rights cases before six international enforcement bodies--the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, the United Nations Human Rights Committee, the United Nations Committee against Torture, and the Inter-American Commission on Human Rights. An order of interim measures may require that the State take positive action, such as providing protection for human rights activists or journalists, or it may call upon the State to refrain from taking action, such as not extraditing a person or delaying …
Improving The Appellate Process Worldwide Through Maximizing Judicial Resources, Honorable J. Clifford Wallace
Improving The Appellate Process Worldwide Through Maximizing Judicial Resources, Honorable J. Clifford Wallace
Vanderbilt Journal of Transnational Law
As the number of cases filed each year has surged, U.S. federal appellate courts have evolved in order to fulfill their core functions of deciding appeals and setting guiding precedent. Many of the challenges created by overwhelming caseloads are also being tackled in foreign judicial systems. In this Article, Judge Wallace offers the approach of the United States Court of Appeals for the Ninth Circuit as a possible model of reform, although he also points out that each judiciary will need to tailor reform efforts to its particular circumstances. In Part II, Judge Wallace details several of the case management …
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan
Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan
Vanderbilt Journal of Transnational Law
In this-Article Professor Vorspan examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on detention, deportation, conscription, and confiscation of property, the Author revises the conventional depiction of the English judiciary during World War I as passive and peripheral. She argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal freedom. Second, they …
Enlisting The U.S. Courts In A New Front, Debra M. Strauss
Enlisting The U.S. Courts In A New Front, Debra M. Strauss
Vanderbilt Journal of Transnational Law
The time has come to extend the national approach that has been used successfully to dismantle the infrastructure of hate groups to the international realm against terrorist groups. The foundation of this approach is a private right to a cause of action apart from any military or diplomatic efforts by the government. In this Article, Professor Strauss analyzes case precedents under several federal statutes--the Antiterrorism Act of 1991, the Antiterrorism and Effective Death Penalty Act of 1996, the Torture Victim Protection Act, the Alien Tort Claim Act--as well as state common-law tort claims, including aiding and abetting liability. Professor Strauss …