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2003

Justice

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Articles 1 - 22 of 22

Full-Text Articles in Law

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner Dec 2003

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

All Faculty Scholarship

Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the ...


Equality And The Forms Of Justice, Susan Sturm Oct 2003

Equality And The Forms Of Justice, Susan Sturm

University of Miami Law Review

No abstract provided.


Meaning's Edge, Love's Priority, Patrick Mckinley Brennan May 2003

Meaning's Edge, Love's Priority, Patrick Mckinley Brennan

Michigan Law Review

The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather ...


Case Study Of A Justice: "Courageous" Plessy Dissenter John Marshall Harlan And His African-American "Half Brother," Robert James Harlan Of Ohio, Arthur R. Landever Feb 2003

Case Study Of A Justice: "Courageous" Plessy Dissenter John Marshall Harlan And His African-American "Half Brother," Robert James Harlan Of Ohio, Arthur R. Landever

Law Faculty Presentations and Testimony

Justice Harlan had been a slave-owner; he had opposed the Emancipation Proclamation; he had initially opposed the passage of the 13th Amendment and apparently the 14th; as an Associate Justice, he remained a racist, taking pride in being a member of the white race. Nonetheless, he was the most committed civil rights justice until the period of the 1940s or 1950s. What explains his votes and opinions? Can we know? Does it matter whether we know or not?


Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas, Gordon G. Young, Keith Sharfman, Kate B. Briscoe Jan 2003

Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas, Gordon G. Young, Keith Sharfman, Kate B. Briscoe

Faculty Scholarship

No abstract provided.


A View From The Trenches, Michael A. Newton Jan 2003

A View From The Trenches, Michael A. Newton

Vanderbilt Law School Faculty Publications

As a former armor officer, my roots are literally in the trenches. In sharing my figurative view from the trenches regarding the pursuit of justice, you should know that the pursuit of justice is the very core of our professional ethic among military lawyers. I was also privileged to serve as one of the foot soldiers within the ranks of the Department of State whose diplomatic focus revolved around the pursuit of personal accountability. My "view from the trenches" is therefore centered on a candid discussion of the pragmatic aspects of developing justice systems within the conditions and confines of ...


The Role Of Justice In Building Peace: Foreword, Michael P. Scharf Jan 2003

The Role Of Justice In Building Peace: Foreword, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.


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

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

Case Western Reserve Journal of International Law

No abstract provided.


A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton Jan 2003

A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


Justice And Peace, M. Cherif Bassiouni Jan 2003

Justice And Peace, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.


Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams Jan 2003

Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams

Case Western Reserve Journal of International Law

No abstract provided.


International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz Jan 2003

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz

ILSA Journal of International & Comparative Law

After more than 40 million persons had been killed in war, there was an overwhelming determination to prevent the recurrence of such tragedies.


What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson Jan 2003

What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson

Articles

Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available ...


The Imperative Of Natural Rights In Today's World, Randy E. Barnett Jan 2003

The Imperative Of Natural Rights In Today's World, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

If there is any group that really needs to understand the concept of natural rights, it is professors of constitutional law. The document they teach was written by a generation who uniformly believed in natural rights, used the concept to justify a violent revolution from their mother country, and professed their continued commitment to natural rights long after the separation—a commitment that only intensified in the years that culminated in the Civil War and the adoption of the Fourteenth Amendment.

Yet few constitutional law professors know much, if anything, about this fundamental concept even as a historical matter, much ...


The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams Jan 2003

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United ...


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 ...


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 ...


Foreword: The Role Of Justice In Building Peace, Michael P. Scharf Jan 2003

Foreword: The Role Of Justice In Building Peace, Michael P. Scharf

Faculty Publications

Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.


Introductory Remarks: An Analytical Framework For Thinking About Economic Justice, Rudolph J.R. Peritz Jan 2003

Introductory Remarks: An Analytical Framework For Thinking About Economic Justice, Rudolph J.R. Peritz

NYLS Law Review

No abstract provided.


Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes Jan 2003

Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes

All Faculty Scholarship

Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how ...


Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum Jan 2003

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality ...


Reparations In South Africa: A Cautionary Tale, Erin Daly Dec 2002

Reparations In South Africa: A Cautionary Tale, Erin Daly

Erin Daly

The South African experience with reparations is an important object lesson for any major effort to seek reparations to the descendents of slaves in the United States. However, the aspect of the TRC's reparations plan that has proved most problematic is the recommendation for monetary payments to "victims" of gross human rights abuses. Although emphasizing the importance of reparations to the victims, the TRC failed to ensure that reparations would be paid. Like the victims’ movements in South Africa, the American movement for reparations for victims and descendants of slavery should a range of monetary as well as non-monetary ...