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Articles 2041 - 2070 of 2242
Full-Text Articles in Criminal Law
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …
Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague
Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. For in balancing the tension between encouraging effective representation, but at bearable social cost, U.S. jurisdictions stress the latter, all but ignoring the former. The English approach, by contrast, has paid generously, at least in serious cases, thereby implicitly recognizing that defenders could …
Conclusion, Jonathan S. Greene
Conclusion, Jonathan S. Greene
Cardozo Journal of International and Comparative Law
No abstract provided.
Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow
Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow
Cardozo Journal of International and Comparative Law
The note examines the legal complexities surrounding the extradition case of Samuel Sheinbein, a dual citizen of Israel and the United States, who fled to Israel after being implicated in a murder in Maryland. The case highlights tensions between Israel's citizenship laws, which prohibit the extradition of its citizens, and international extradition norms. The Israeli Supreme Court ultimately ruled that Sheinbein could not be extradited due to his Israeli citizenship, prompting efforts to revise the extradition agreement between Israel and the United States to prevent similar outcomes in the future. The case underscores the challenges of balancing national sovereignty with …
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short
The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short
Indiana Journal of Global Legal Studies
No abstract provided.
The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich
The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich
Cardozo Law Review
No abstract provided.
Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni
Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni
College of Law Faculty
No abstract provided.
News From The International War Crimes Tribunals, Christine Poulon, Mair Mccafferty
News From The International War Crimes Tribunals, Christine Poulon, Mair Mccafferty
Human Rights Brief
No abstract provided.
News From The International Criminals Tribunals , Kelly Askin
News From The International Criminals Tribunals , Kelly Askin
Human Rights Brief
No abstract provided.
Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni
Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni
College of Law Faculty
No abstract provided.
International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone
International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone
Cleveland State Law Review
The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …
Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden
Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden
Cleveland State Law Review
This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …
Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai
Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai
War Crimes Memoranda
No abstract provided.
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David
Michigan Journal of International Law
This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …
The Universal And The Particular In International Criminal Justice, Ruti Teitel
The Universal And The Particular In International Criminal Justice, Ruti Teitel
Articles & Chapters
No abstract provided.
Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey
Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey
American University Law Review
No abstract provided.
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Scholarly Works
Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.
The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein
The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein
Vanderbilt Journal of Transnational Law
This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Articles
No abstract provided.
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Penn State International Law Review (1982 - 2011)
No abstract provided.
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
Penn State International Law Review (1982 - 2011)
No abstract provided.
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Penn State International Law Review (1982 - 2011)
No abstract provided.
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
Cardozo Law Review
No abstract provided.
The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich
The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich
Penn State International Law Review (1982 - 2011)
No abstract provided.
News From The International War Crimes Tribunals, Ewen Allison
News From The International War Crimes Tribunals, Ewen Allison
Human Rights Brief
No abstract provided.