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Series

Case Western Reserve University School of Law

Criminal Law

2005

Keyword
Publication

Articles 1 - 29 of 29

Full-Text Articles in Law

Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin Jan 2005

Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin

War Crimes Memoranda

No abstract provided.


Can The International Criminal Court Hold Multinational Corporations Liable For Human Rights Abuses?, Cara Tenenbaum Jan 2005

Can The International Criminal Court Hold Multinational Corporations Liable For Human Rights Abuses?, Cara Tenenbaum

War Crimes Memoranda

No abstract provided.


Assuming That The Principle Of Complementarity Applies To Security Council Referrals To The Icc, How Should The Icc Assess Whether The Sudan’S Investigative And Prosecution Efforts Meet The Complementarity Principle?, Helen Sullivan Jan 2005

Assuming That The Principle Of Complementarity Applies To Security Council Referrals To The Icc, How Should The Icc Assess Whether The Sudan’S Investigative And Prosecution Efforts Meet The Complementarity Principle?, Helen Sullivan

War Crimes Memoranda

No abstract provided.


Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson Jan 2005

Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson

War Crimes Memoranda

No abstract provided.


Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan Jan 2005

Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.


Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy Jan 2005

Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy

War Crimes Memoranda

No abstract provided.


The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr Jan 2005

The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr

War Crimes Memoranda

No abstract provided.


The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy Jan 2005

The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy

War Crimes Memoranda

No abstract provided.


The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman Jan 2005

The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman

War Crimes Memoranda

No abstract provided.


The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud Jan 2005

The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud

War Crimes Memoranda

No abstract provided.


Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves Jan 2005

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.


What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat Jan 2005

What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat

War Crimes Memoranda

No abstract provided.


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 Jan 2005

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.


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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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.


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 Jan 2005

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. …