Human Rights Law Commons^™

Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley

Scholarly Works

A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.

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.

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

No Justice, No Peace: Accountability For Rape And Gender-Based Violence In The Former Yugoslavia, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

The Women in the Law Project of the International Human Rights Law Group (Law Group) sponsored a delegation to the former Yugoslavia from February 14 to 22, 1993. The delegation, which was also endorsed by the Bar Association of San Francisco, had two principal objectives.

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.

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.

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.

So What's In A Name? A Rhetorical Reading Of Washington's Sexually Violent Predators Act, J. Christopher Rideout

Seattle University Law Review

In this Article, I will examine this socially constitutive function of narratives in the enactment of Washington State's Sexually Violent Predators Act.'0 This Act is a prime recent example of how social narratives-in this case, narratives of violence, pain, and outrage-lie behind the official language of the law. As Winter would point out, narrative was the vehicle that prompted legal change. The question for this Article, however, is what happens once the story has been recast into another form, here that of a statute? How well do the immediacy of the details and the authorial voice of the story lend …

Keynote Address: Predators And Politics, Norval Morris

Seattle University Law Review

The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.

Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.

Seattle University Law Review

In this Symposium Article, the author discusses Washington’s Sexually Violent Predator Act, RCW 71.09.060, from a psychiatrist’s perspective.

Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters

Seattle University Law Review

No abstract provided.

Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond

Seattle University Law Review

This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.

Proceedings Under Washington's New Statutory Scheme Providing For The Indefinite Involuntary Commitment Of Sexually Violent Predators Are Civil, Not Criminal, In Nature, Timothy Michael Blood

Seattle University Law Review

In this Symposium Article, the author discusses the constitutional importance of classifying Washington’s Sexually Violent Predator Act, RCW 71.09.060, as a civil commitment and not a criminal sanction.

Sources Of Security, Julie Shapiro

Seattle University Law Review

The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics …

Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis

Seattle University Law Review

This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.

Sexual Predator Law—The Nightmare In The Halls Of Justice, Robert C. Boruchowitz

Seattle University Law Review

In this Symposium Article, the author discusses his experience as a defense attorney with Washington’s Sexually Violent Predator Act, RCW 71.09.060.

The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng

Seattle University Law Review

In this Symposium Article, former prosecutor Norm Maleng discusses his experience with The Community Protection Act and Washington’s Sexually Violent Predator Law.

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 …

The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks

Seattle University Law Review

This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …

Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond

Seattle University Law Review

In this Symposium Article, the author responds to Alexander D. Brooks, The Constitutionality and Morality of Civilly Committing Violent Sexual Predators, article.

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown

Seattle University Law Review

This Article first briefly examines the United States Supreme Court cases dealing with the juvenile death penalty. Second, the Article describes the history and structure of Washington's death penalty statute. Third, the Article analyzes whether the state constitution's ban on cruel punishment prohibits the imposition of the death penalty on juveniles.

The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing

Seattle University Law Review

What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …

Confronting Violence: In The Act And In The Word, David Boerner

Seattle University Law Review

In this Symposium Article, the author narrates his experience as a member of the Task Force to create Washington’s Sexually Violent Predator Civil Commitment Law.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan

LLM Theses and Essays

The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …

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 …

Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.