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Boston University School of Law

Courts

Court

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Articles 1 - 2 of 2

Full-Text Articles in Law

The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh Jan 2012

The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh

Faculty Scholarship

The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court’s enforcement practice is evolving.


Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle Jan 1996

Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle

Faculty Scholarship

Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.