Law Commons^™

Two Countries In Crisis: Man Camps And The Nightmare Of Non-Indigenous Criminal Jurisdiction In The United States And Canada, Justin E. Brooks

Vanderbilt Journal of Transnational Law

Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the jurisdiction to prosecute violent crimes committed by non-Indigenous offenders against Indigenous victims on Indigenous land. Extractive industries—businesses that establish natural resource extraction projects—aggravate the problem by establishing temporary housing for large numbers of non-Indigenous, primarily male workers on or around Indigenous land (“man camps”). Violent crimes against Indigenous …

Criminal Defamation And The Evolution Of The Doctrine Of Freedom Of Expression In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

Restrictions on freedom of expression may take direct and indirect forms. A state may censor speech, criminalize defamation, harass the media or individual journalists, fail to investigate crimes against the media , require the compulsory licensing of journalists, or fail to enact freedom of information laws or laws that prohibit monopoly ownership of the media. A victim of a restriction on freedom of expression that violates international law may have no recourse in domestic courts, either because state law offers no remedy or because judges are too intimidated to enforce the laws as written. In such instances, victims need recourse …

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …

Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent

Vanderbilt Journal of Transnational Law

This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE ARAB OIL WEAPON

By Jordan J. Paust & Albert P. Blaustein

Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.

===================

ARBITRATION IN SWEDEN

Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.

===================

THE DECLINE OF DEMOCRACY IN THE PHILIPPINES

A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.

===================

DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS

By Victor H. Li

Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.

========================

EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

===============

Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

===============

Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

===============

Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

================

EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …