Courts Commons^™

From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar

San Diego International Law Journal

The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).

Does Time Eclipse Crime? Stogner V. California And The Court's Determination Of The Ex Post Facto Limitations On Retroactive Justice, Ryan D. Frei

University of Richmond Law Review

No abstract provided.

An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper

BYU Law Review

No abstract provided.

Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer

San Diego International Law Journal

This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …

Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack

San Diego International Law Journal

This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …

Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin

San Diego International Law Journal

This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …

Federal Judicial Selection, Charles Cooper, Gary L. Mcdowell, Maeva Marcus, Theresa M. Beiner, Sheldon Goldman, Judge Edith Jones, William P. Marshall, Terry Eastland, Michael Gerhardt, Sanford V. Levinson

University of Richmond Law Review Symposium

“The First Two Centuries”: The first panel explored the provisions that the drafters made in the United States Constitution for federal judicial selection and traced the two-century history of the selection process following the constitution's adoption. The panel consisted of Charles Cooper, Esq. of Cooper & Kirk PLLC; Gary L. McDowell, Haynes Professor of Leadership Studies and Political Science at the University of Richmond’s Jepson School of Leadership Studies; and Ms. Maeva Marcus, of the United States Supreme Court Historical Society. Rodney A. Smolla, the George E. Allen Chair in Law, served as program coordinator and moderator.

“Modern Federal Judicial …

Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog

Michigan Telecommunications & Technology Law Review

The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …

The Citation Of Unpublished Opinions As Precedent, Martha Dragich

Faculty Publications

Professor Dragich examines the no-citation rules of the federal courts of appeals in light of the purpose and operation of the doctrine of precedent. The article concludes that no-citation rules are fundamentally incompatible with the rule of precedent. The rules also cannot be justified on grounds of economy or efficiency. The courts of appeals cannot legitimately declare decisions to be "non-precedential," and must not continue to forbid their citation.

A Critical Linguistic Analysis Of Equal Protection Doctrine: Are Whites A Suspect Class, Reginald Oh

Law Faculty Articles and Essays

This Article contends that the linguistic structure of equal protection doctrine has played a major role in shaping and influencing its evolution and development. To show how linguistic structure shapes substantive legal discourse, this Article will examine a fundamental question that deals with equal protection law: when should the Court subject a law to heightened judicial scrutiny? Typically, when dealing with equal protection challenges to governmental action, the Court will generally defer to legislative judgment, presume the constitutionality of the legislation, and uphold the statute. However, under some circumstances, the Court will remove the presumption of constitutionality and subject certain …

Courts And Lawyers On The Arkansas Frontier, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

The United Kingdom, Jeremy Barnett

William & Mary Bill of Rights Journal

No abstract provided.

The Legal And Policy Implications Of Courtroom Technology: The Emerging English Experience, Henry Brooke

William & Mary Bill of Rights Journal

No abstract provided.

The Confluence Of Law And Policy In Leveraging Technology: Singapore Judiciary's Experience, Richard Magnus

William & Mary Bill of Rights Journal

No abstract provided.

Review Of The Extent Of Courtroom Technology In Australia, Ros Macdonald, Anne Wallace

William & Mary Bill of Rights Journal

No abstract provided.

What We Know And What We Need To Know About The Effects Of Courtroom Technology, Elizabeth C. Wiggins

William & Mary Bill of Rights Journal

No abstract provided.

Court Technology In Canada, Julian Borkowski

William & Mary Bill of Rights Journal

No abstract provided.

Videoconferencing: Learning Through Screens, Nancy Gertner

William & Mary Bill of Rights Journal

No abstract provided.

Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel

William & Mary Bill of Rights Journal

No abstract provided.

Disability Civil Rights Law And Policy: Accessible Courtroom Technology, Peter Blanck, Ann Wilichowski, James Schmeling

William & Mary Bill of Rights Journal

No abstract provided.

Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne Miller

William & Mary Bill of Rights Journal

No abstract provided.

Technology And Public Access To Audio-Visual Coverage And Recordings Of Court Proceedings: Implications For Common Law Jurisdictions, Daniel Stepniak

William & Mary Bill of Rights Journal

No abstract provided.

Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves

William & Mary Bill of Rights Journal

No abstract provided.

A Constitution For Judicial Lawmaking, Adam N. Steinman

Faculty Scholarship

When courts decide cases, the decisions make law because they become precedent that binds future courts under the doctrine of stare decisis. This article argues that some principles governing judicial lawmaking are functionally constitutional principles because they go to the validity of a particular attempt at judicial lawmaking (just as the constitutional principles governing legislative lawmaking determine the validity of lawmaking by legislatures). Because even poorly reasoned judicial decisions can still be effective lawmaking acts, it is important to distinguish between constitutional and non-constitutional principles and arguments. While a non-constitutional principle can be a basis for examining the wisdom or …

The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.

Culture Of Quiescence, Carl Bogus

Law Faculty Scholarship

No abstract provided.

Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer

Popular Media

No abstract provided.

Introduction: What Have We Wrought?, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.

The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.

Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.