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Full-Text Articles in Law

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn Dec 1991

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

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This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.


International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley Jan 1991

International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley

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In this piece Professor Blakesley provides remarks on recent developments in International Criminal Law.


Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley Jan 1991

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley

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This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

The authors first analyze the five …


Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley Jan 1991

Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley

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Comparative law is much more than “matching laws.” Professor Grossfield’s short, lively book will certainly awaken its German reader to the value, indeed necessity, of comparative law and comparative insights in his or her own practice or scholarly work. This, he aims at the skeptic who may think of comparative law or foreign legal systems as arcane and useless fluff, too luxurious for the hard working “practical-minded” practitioner. Professor Grossfield throws the cold water of realization into this skeptic’s face. The message being that considering comparative approaches and theory about similar problems may indeed be as practical as one can …


Introduction To Greek Law, Christopher L. Blakesley Jan 1991

Introduction To Greek Law, Christopher L. Blakesley

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Greek Law, developed under the stewardship of Professor Konstantinos Kerameus, takes on his character, being a solid, careful work of first rate scholarship. It presents the Greek legal system, the substance of each part of its civil public and penal law and procedure, in a series of well-written and insightful chapters by many of the best Greek scholars (in the United States and in Greece) on each subject. The book is important, because Greece is in the Common Market and Council of Europe, and because the continental and even the common law systems owe their development to the Ro- man-Byzantine …


International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley Jan 1991

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

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In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.