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

Law Commons

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

Articles 1 - 9 of 9

Full-Text Articles in Law

Memoria, Verdad Y Justicia: Situacion Y Perspectivas Etudes: Premiere Partie: Justice Transitionnelle Et Reconciliation, Juan Mendez Jun 2022

Memoria, Verdad Y Justicia: Situacion Y Perspectivas Etudes: Premiere Partie: Justice Transitionnelle Et Reconciliation, Juan Mendez

Articles in Law Reviews & Other Academic Journals

La evolucion de los principios de justicia transicional en el Derecho Internacional de los Derechos Humanos debe verse con un enfoque juridico que ponga de manifiesto la frondosa jurisprudencia que se ha poducido en respuesta a las trabas y obstAculos en diversos paises para la realizacibn de la justicia. Esto es especialmente cierto en America Latina, donde el sistenma interamericano de proteccion ha establecido con firmeza varias de estas obLigaciones internacionales del Estado. Pern no se trata de reglas aplicables solamente en el mbito interamericano, sino que se irproducen de diversas formas en otros sistemas regionales y tambidn en la …


Citizen's Arrest And Race, Ira P. Robbins Jan 2022

Citizen's Arrest And Race, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

I begin with a mea culpa. In 2016, I published an article about citizen’s arrest. The idea for the article arose in 2014, when a disgruntled Virginia citizen attempted to arrest a law school professor while class was in progress. I set out to research and write a “traditional” law review article. In it, I traced the origins of the doctrine of citizen’s arrest to medieval England, imposing a positive duty on citizens to assist the King in seeking out suspected offenders and detaining them. I observed that the need for citizen’s arrest lessened with the development of organized and …


Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Olinda Moyd, Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Bianca Sukrow, Christoph Konig Jan 2022

Teaching About Justice By Teaching With Justice: Global Perspectives On Clinical Legal Education And Rebellious Lawyering, Olinda Moyd, Catherine F. Klein, Richard Roe, Mizanur Rahman, Dipika Jain, Abhayraj Naik, Natalia Martinuzzi Castilho, Taysa Schiocchet, Sunday Kenechukwu Agwu, Bianca Sukrow, Christoph Konig

Articles in Law Reviews & Other Academic Journals

The inspiration for this Article was the 2021 Conference of the Global Alliance for Justice Education (GAJE), a biannual gathering since 1999 of law educators and others interested in justice education from around the world. Due to the ongoing COVID-19 pandemic, the conference was conducted virtually. During the three-day conference, over 450 participants from 45 countries gathered to participate in the sharing of workshops and presentations, ranging from discussions of papers to five-minute "lightning talks." In addition, there were virtual spaces for social meetings with new and old friends. The authors attended as many of the sessions as possible in …


Legal Diplomacy In An Age Of Authoritarianism, Fernanda Giorgia Nicola Dr. Jan 2021

Legal Diplomacy In An Age Of Authoritarianism, Fernanda Giorgia Nicola Dr.

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams Jan 2020

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams

Articles in Law Reviews & Other Academic Journals

On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …


Documentation For Accountability, Paul Williams, Jessica Levy Jan 2020

Documentation For Accountability, Paul Williams, Jessica Levy

Articles in Law Reviews & Other Academic Journals

The cost of armed conflict is borne not only in the stark number of lives lost, but also in the grave atrocity crimes committed during these periods. Despite the legal protections set forth in the Geneva Conventions and other foundational documents of international humanitarian law, perpetrators continue to commit crimes against humanity, war crimes and genocide. Documenting these atrocity crimes has become a crucial step in efforts to secure justice for victims and survivors of these atrocities. To support the expanding field of human rights documentation, the international community must redouble its efforts to ensure that civil society actors engaged …


'Simple' Takes On The Supreme Court, Robert Tsai Jan 2013

'Simple' Takes On The Supreme Court, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …


The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft Jan 2003

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft

Articles in Law Reviews & Other Academic Journals

Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …


The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff Jan 2003

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …