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Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …
Proving The Lie: Litigating Police Credibility, David N. Dorfman
Proving The Lie: Litigating Police Credibility, David N. Dorfman
Elisabeth Haub School of Law Faculty Publications
This essay proposes a wider scope for a somewhat timeworn discussion-specifically, that police mendacity and the need to deter this form of police misconduct go to the very heart of our criminal justice system and the need for trust in government and its processes, which search and seizure law and practice is only a small part. Being only a part of a much larger systemic societal problem, tinkering with search and seizure law and process alone will not heighten the police witness' respect for the oath.
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.