Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf Feb 1997

The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf

Faculty Publications

No abstract provided.


Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf Feb 1997

Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf

Faculty Publications

No abstract provided.


Municipal Courts--Another Urban Ill, Lewis R. Katz Jan 1997

Municipal Courts--Another Urban Ill, Lewis R. Katz

Faculty Publications

No abstract provided.


The Politics Of Establishing An International Criminal Court, Michael P. Scharf Jan 1997

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.


A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf Jan 1997

A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf

Faculty Publications

It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …


Judicial Review Of Customs Service Actions, Peter M. Gerhart Jan 1997

Judicial Review Of Customs Service Actions, Peter M. Gerhart

Faculty Publications

This article is based on a report prepared for the Administrative Conference of the United States in connection with its study of judicial review of actions taken by the U.S. Customs Service. The recommendations herein were adopted in substantially identical form by the Administrative Conference at its September 19, 1977, plenary session. The article examines the present availability and scope if review of administrative decisions of the U.S. Customs Service. The author analyzes the overall operation if the Customs Service, procedures for internal review of Customs ,decisions and for assessment of penalties and other sanctions, and the distribution if jurisdiction …