Courts Commons^™

Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha A. Affolder

Michigan Journal of International Law

This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure in the wake of the final judgment in the Tadić trial. This initial decision, granting the prosecutor's request for protective measures including the withholding of four witnesses' identities from the accused, formed a precedent upon which later rulings for protective measures relied, both throughout the Tadić case and in subsequent cases before the International Tribunal.

The Summary Affirmance Proposal Of The Board Of Immigration Appeals, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The Board of Immigration Appeals is on the verge of making a tragic mistake, trading away a key element of fair adjudication--the written opinion--for the sake of what it hopes will be greater administrative efficiency. The cost of eliminating written adjudication is too great, and the Board has given no indication that it has sufficiently canvassed less drastic alternatives.

The Board of Immigration Appeals (the "Board") is the primary appellate body for immigration law. The "staple" of its work is to decide appeals from decisions of Immigration Judges in removal proceedings, though it also hears appeals in several other categories, …

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …

Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld

Cardozo Law Review

No abstract provided.

Slavery And The Arkansas Supreme Court, L. Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.

Human Rights Litigation In U.S. Courts: A Hypocritical Approach, Mark Gibney

Buffalo Journal of International Law

No abstract provided.

A Report On The Negotiations For The Creation Of An International Criminal Court, Fanny Benedetti

Human Rights Brief

No abstract provided.

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurulé

Journal Articles

A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their …

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

The Dynamics Of Constitutional Adjudication, Bernhard Schlink

Cardozo Law Review

Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …

Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart

Cardozo Journal of Equal Rights & Social Justice

The note examines the use of the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) to prosecute international crimes against women, focusing on the *Karadzic* cases. It argues that these cases represent a significant expansion of U.S. federal jurisdiction over human rights abuses, particularly gender-based violence, committed abroad. The Second Circuit's decision to reverse the district court's dismissal and the Supreme Court's denial of certiorari affirmed the applicability of ATCA and TVPA to non-state actors and clarified their role in enforcing international human rights standards.

Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci

Michigan Journal of International Law

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …

Human Rights, International Law, And Domestic Courts, Edward D. Re

Cardozo Journal of International and Comparative Law

The article explores the role of domestic courts, particularly in the United States, in enforcing international human rights norms and the challenges posed by sovereign immunity. It argues that U.S. courts should give greater effect to international legal norms, especially in cases involving human rights violations by foreign states. The analysis critiques the U.S. Supreme Court's narrow interpretation of the Foreign Sovereign Immunities Act (FSIA) in Saudi Arabia v. Nelson and advocates for a more expansive approach to ensure accountability for human rights abuses.

A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann

Michigan Journal of International Law

Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.

Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann

Michigan Journal of International Law

The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.

Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer

Cardozo Journal of International and Comparative Law

The note draws parallels between the atrocities committed during the Holocaust and the ongoing violence in Bosnia, emphasizing the need for international accountability. It advocates for the establishment of a War Crimes Tribunal, modeled after the Nuremberg Tribunal, to prosecute individuals responsible for genocide and other war crimes. The analysis critiques the international community’s inaction and underscores the importance of upholding international law to prevent future atrocities.

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …

Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia

Pace International Law Review

No abstract provided.

South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee

Michigan Journal of International Law

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley

Scholarly Works

Any inquiry into the merits of an international criminal court must start with resolving three basic issues:

1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?

2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?

3. Will the recommended system improve efficiency …

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley

Scholarly Works

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

The authors first analyze the five …

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.