Law Commons^™

Reparations And The International Law Origin Story, John Linarelli

Journal of Race, Gender, and Ethnicity

No abstract provided.

Non-Binding International Dispute Settlement, Sean D. Murphy

GW Law Faculty Publications & Other Works

The period of the Cold War, with its associated East-West divisions and ever-present threat of nuclear war, presented considerable obstacles to the flowering of the methods of international dispute resolution that were envisaged in Chapters VI and VII of the UN Charter. Those approaches to dispute resolution might be grouped into three categories: resolution of disputes by applying rules of international law, such as resort to arbitration or international courts; resolution of disputes through the projection of power, either in self-defence or under authorisation of the Security Council; and resolution of disputes by identifying and accommodating the interests of the …

Improvement Of The Rights And Activities Of The Defender In Criminal Proceedings: An Important Direction Of The Reform On The Bsis Of The Strategy Of Action, I. Djuraev

Review of law sciences

In this article, the author has examined in detail the scientific-theoretical and practical aspects of the issue of the rights and activities of the defender counsels in the criminal process, and on the basis of the Strategy of Actions, have been made proposals and recommendations concerning the introduction of relevant changes and additions to the Criminal Procedure Code and the Law of the Republic of Uzbekistan “On guarantees of advocacy and social protection of lawyers”.

Detention By Armed Groups Under International Law, Andrew Clapham

International Law Studies

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.

The Role Of Judicial Discourse In Distorting The Public Inquiry Image: Is The Inquiry Becoming An Endangered Species?, Diana Morokhovets

LLM Theses

The goal is to explore the construction of the Public Inquiry image and its persona via judicial decision-making and legal discourses that are utilized to justify the final product of an inquiry. For instance, while the commissioner is generally equipped with extensive coercive and discretionary powers, there is scarcely any research on why these powers are exercised the way that they are and how (or if) the decisions that are made condition the public image of the inquiry and their ultimate impact on the survival of the institution. Specifically, it will be argued that despite the fact that a judge-commissioner …

The Doctrine Of Lost Modern Grant And Prescriptive Easements In Newfoundland, Greg French

Dalhousie Law Journal

This article examines the history and development of prescriptive easements in Newfoundland and Labrador and the legal standards required to find such an easement to exist. The article concludes that the appropriate inquiry is not merely an examination of the length of use, but also the nature and extent of use, and that rigid application of timelines should not apply.

Submission To Senate Has Asked The Legal And Constitutional Affairs References Committee 'Inquiry Into The Need For A Nationally-Consistent Approach To Alcohol-Fuelled Violence', Julia Quilter, Luke Mcnamara

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Submission To The Senate Community Affairs References Committee Inquiry Into Violence, Abuse And Neglect Against People With Disability In Institutional And Residential Settings, Including The Gender And Age Related Dimensions, And The Particular Situation Of Aboriginal And Torres Strait Islander People With Disability, And Culturally And Linguistically Diverse People With Disability (26 June), Linda Roslyn Steele

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission is made to the Senate Community Affairs References Committee’s (‘Senate Committee’) inquiry into violence, abuse and neglect against people with disability in institutional and residential settings, including the gender and age related dimensions, and the particular situation of Aboriginal and Torres Strait Islander people with disability, and culturally and linguistically diverse people with disability (‘the Senate Inquiry’).

Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng

Jennifer E Spreng

Problem-solving is the manifestation of a lawyer’s expertise. Unfortunately, the first year of law school is too highly compartmentalized and often semi-rote-learning experience that does not disturb what are many students’ passive undergraduate school learning strategies. Once taught the same way in law school, students are unlikely to develop the more intellectually sophisticated, relational learning strategies to make the cross-topical and cross-disciplinary connections of which problem-solving expertise is made.

This article argues that horizontally and vertically integrated first-year courses with spiral designs that prioritize honing students’ analytical and problem-solving capacities can break this cycle and prepare students with more self-directed …

Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 has already heralded two significant developments related to monitoring, reporting, and fact-finding (MRF) mechanisms for collecting information on alleged international law violations. First, the Human Rights Council (HRC) published their “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” in February. This report may provide a roadmap for the second important development, the HRC’s decision in March to investigate alleged international law violations during the final phase of the armed conflict in Sri Lanka. More broadly, both these efforts offer lessons for any group or body participating in …

What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani

Touro Law Review

No abstract provided.

Congressional Inquiry And The Federal Criminal Law, J. Richard Broughton

University of Richmond Law Review

This article supports constraint of the modern federal criminal law regime through greater attention to, and use of, congressional investigation and over =sight powers. Through an analysis of the 2009 and 2010 United States House of Representatives hearings on over-criminalization, this article asserts that Congress has political and constitutional incentives to use its investigation and oversight powers to address these problems. Conventional wisdom asserts that political disincentives to reduce the federal criminal law regime and weaknesses in investigative and oversight powers limit congressional effectiveness.

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …

Protect Me From Myself: Determining Competency To Waive The Right To Counsel During Civil-Commitment Proceedings In Washington State, Jacob J. Stender

Seattle University Law Review

This Comment argues that an unarticulated, heightened standard of competency to waive counsel, under which Washington currently operates, is the ideal standard to address the unique concerns that exist in civil- commitment proceedings. This Comment clarifies the existing law governing the determination of a party’s right to waive counsel, as well as the determination of the validity of such a waiver. This Comment also articulates a comprehensive inquiry standard for trial courts, both within and outside of Washington, to apply when determining the competency of a party and the validity of a waiver. The goal of this express determination standard …

Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.

University of Richmond Law Review

No abstract provided.

Making Place At The Table: Reconceptualizing The Role Of The Custody Evaluator In Child Custody Disputes, Mary Kay Kisthardt, Barbara Glesner Fines

Faculty Works

This article is based on the premise that custody evaluations cannot and should not be a substitute for the socio-legal judgment of the best interests of the child. Recognizing that clinical humility and judicial vigilance may not be sufficient to restrain the misuse of psychological evaluation, the authors offer three structural changes that would provide a more appropriate use of the skills and talents custody evaluators bring to legal decisions: using custody evaluators in the less adversarial setting of preparing parenting plans; revising the procedures by which custody evaluations are elicited in litigation; and, adopting the approximation standard for child …

Search & Seizure

Touro Law Review

No abstract provided.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …