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Articles 31 - 60 of 219
Full-Text Articles in Law
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Popular Media
No abstract provided.
Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg
Le Droit Et Les Reseaux Internationaux D'Information, Joel R. Reidenberg
Faculty Scholarship
Travaux pour obtenir le grade de Docteur De L'Universite Paris I. Discipline: Droit. Sujet des publications: Le Droit Et Les Reseaux Internationaux D'Information
Thinking Like A Lawyer, Jeffrey C. Tuomala
Thinking Like A Lawyer, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker
Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker
All Faculty Scholarship
This essay was written under contract with the United Nations to serve as background for my testimony as an expert witness in behalf of Hassen Ngeze in his prosecution before the International Criminal Tribunal for Rwanda. (On motion of the prosecutor, the Court excluded this essay - or report - and the offer of my testimony.) In the Prosecutor v. Ngeze, the prosecution charged Ngeze with direct and public incitement to genocide and conspiracy to commit genocide almost entirely on the basis of his publication of a newspaper, Kangura one of many newspapers being published in Rwanda during the period …
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Faculty Publications
No abstract provided.
The United Nations And The Magna Carta For Children, Winston E. Langley
The United Nations And The Magna Carta For Children, Winston E. Langley
John M. McCormack Graduate School of Policy and Global Studies Publications
The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Faculty Publications
Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …
From Country-Based To Corporate-Based Campaigns, Naomi Roht-Arriaza
From Country-Based To Corporate-Based Campaigns, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey
Faculty Articles and Other Publications
This Article is part two in an ongoing series. Part I, published at 51 DUKE L. J. 1703 (2002), argued that Miranda warnings should not be strictly required when U.S. agents interrogate non-U.S. citizens abroad. This Article picks up where the first left off, and asks the question: "In the absence of Miranda, do any provisions in the Bill of Rights restrict the ability of U.S. agents to obtain confessions from non-Americans abroad?"
The Article begins by examining the back up or default rules to Miranda in the domestic setting. These rules are the "due process involuntary confession rule," which …
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner
UIC Law Open Access Faculty Scholarship
No abstract provided.
Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas
Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah
Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah
Faculty Publications
International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …
Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie
Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie
Faculty Publications
In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …
The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.
The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley
Legal Movements In Intellectual Property: Trips, Unilateral Action, Bilateral Agreements, And Hiv/Aids, Margo A. Bagley
Faculty Articles
This Article begins with an overview of the relationship between the Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPS Agreement") and the HIV/AIDS pandemic which created the need for the Doha Declaration. It then discusses two trade-related movements, unilateral action and TRIPS-plus bilateral agreements, that call into question the long-term effectiveness of the TRIPS Agreement process, generally, and the benefits of the Doha Declaration, in particular, in addressing multiple facets of the access to essential medicines problem. This Article concludes that a consideration of these issues should be included in the development of any further TRIPS-related solutions to …
Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley
Patently Unconstitutional: The Geographical Limitation On Prior Art In A Small World, Margo A. Bagley
Faculty Articles
Part I of this Article provides an overview of § 102 of the Patent Act, the role of prior art in the patentability analysis, and the origin of the limitation on relevant non-patent, nonpublished art to that existing "in this country." Part II then analyzes the constitutional deficiency of the limitation in light of the express and implied purposes of the Intellectual Property Clause as informed by judicial decisions, technological changes, global contraction, and expanded notions of inventive research sources. Policy concerns are the focus of Part III, which discusses how § 102's geographical limitation facilitates forms of "biopiracy," conflicts …
Still Patently Unconstitutional: A Reply To Professor Nard, Margo A. Bagley
Still Patently Unconstitutional: A Reply To Professor Nard, Margo A. Bagley
Faculty Articles
In Defense of Geographic Disparity is Professor Craig Nard's response to my article Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World (Patently Unconstitutional). According to Professor Nard, my article advocates "the elimination of [the] geographic disparity" of 35 U.S.C § 102 in order to "protect developing nations and indigenous peoples from Western countries' patent law regimes." Professor Nard is correct in his assertion that I seek the elimination of the geographical disparity in U.S. patent law; however, he misses the mark as to my reasons. My opposition to the geographical limitation does not derive from …
Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner
Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner
All Faculty Scholarship
This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of …
A Sampler Of Religious Experiences In International Law, Mark Weston Janis
A Sampler Of Religious Experiences In International Law, Mark Weston Janis
Faculty Articles and Papers
Religious principles, religious problems, and religious enthusiasts have all played profound, if sometimes little appreciated roles in the development of international law.' This essay highlights the impact of religion on international law by providing a sampler of religious experiences in international law, to wit: three suspicions international lawyers have of religion, two contributions made between religion and international law, and one great and telling similarity between religion and international law.
Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni
Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni
College of Law Faculty
No abstract provided.
Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni
Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni
College of Law Faculty
No abstract provided.
Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch
Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
México: ¿Nuevamente Una Colonia Europea?, Richard Stith
México: ¿Nuevamente Una Colonia Europea?, Richard Stith
Law Faculty Publications
No abstract provided.
Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown
Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown
All Faculty Scholarship
No abstract provided.
The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson
The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter
Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller
A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller
War Crimes Memoranda
No abstract provided.
(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott
War Crimes Memoranda
No abstract provided.