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Articles 1471 - 1500 of 1647

Full-Text Articles in Human Rights Law

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas Dec 2004

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.


Suppressing The Incriminating Statements Of Foreigners, John Quigley Dec 2004

Suppressing The Incriminating Statements Of Foreigners, John Quigley

William & Mary Bill of Rights Journal

No abstract provided.


Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren Dec 2004

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: Death Penalty And International Law, Davison M. Douglas Dec 2004

Introduction: Death Penalty And International Law, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.


Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris Sep 2004

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …


The Rise Of Managerial Judging In International Criminal Law, Maximo Langer Aug 2004

The Rise Of Managerial Judging In International Criminal Law, Maximo Langer

ExpressO

Abstract This article puts the procedure of the International Criminal Tribunal for the former Yugoslavia (ICTY) in a completely new and previously unexplored light. Rejecting the predominant view of ICTY procedure as a hybrid between the adversarial system of the U.S. and the inquisitorial system of civil law jurisdictions, this article shows that ICTY procedure is best described through a third procedural model that does not fit in either of the two traditional systems. This third procedural model is close to the managerial judging system that has been adopted in U.S. civil procedure. The article then explores some of the …


“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin Jun 2004

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.


Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp May 2004

Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp

University of Richmond Law Review

No abstract provided.


From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar May 2004

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).


International Child Abductions: The Challenges Facing America , Charles F. Hall Apr 2004

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …


Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf Mar 2004

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.


Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld Jan 2004

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Michigan Journal of International Law

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …


International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone Jan 2004

International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.


Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff Jan 2004

Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.


A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin Jan 2004

A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava Jan 2004

Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava

Human Rights Brief

No abstract provided.


International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant Jan 2004

International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.


Inter-American System, Claudia Martin Jan 2004

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel Jan 2004

The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel

Journal Articles

In three rulings on prolonged military detention of so-called "unlawful enemy combatants" in the "war" against terrorism, the United States Supreme Court in June 2004 shielded the rule of law from some of the more extreme excesses of the Bush Administration. However, the Court also yielded some ground and left open a number of troublesome questions.


National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock Oct 2003

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …


Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel Sep 2003

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …


Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell Sep 2003

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.


The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown Sep 2003

The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, …


Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams May 2003

Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams

Cardozo Law Review

No abstract provided.


The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson Jan 2003

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson Jan 2003

Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson

Human Rights Brief

No abstract provided.


International Law: Valdez V. State Of Oklahoma And The Application Of International Law In Oklahoma, Jeffrey L. Green Jan 2003

International Law: Valdez V. State Of Oklahoma And The Application Of International Law In Oklahoma, Jeffrey L. Green

Oklahoma Law Review

No abstract provided.


Roots "Resolving The Death Penalty: Wisdom From The Ancients", Robert Blecker Jan 2003

Roots "Resolving The Death Penalty: Wisdom From The Ancients", Robert Blecker

Articles & Chapters

Lest it be cruel and unusual, the U.S. Supreme Court has held, capital punishment must be consistent with the evolving standards of decency of a maturing society. Although controversy swirls around our current sense of decency, this Society's changing standards are largely the product of deeply embedded traditions and an unchanging cultural core. Thus, virtually every heated death penalty debate today requires us not only to take the temperature of the people, but also to appreciate their temperament.

ROOTS: Resolving the Death Penalty: Wisdom from the Ancients reflects the current controversy back onto the core of Western Culture - the …