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Case Western Reserve University School of Law

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Articles 601 - 630 of 2050

Full-Text Articles in International Law

Does Terrorism Constitute A Crime Under International Law And, If So, What Is Its Definition. Specifically Addressing The Argument That A Limited Definition Of Terrorism Has Emerged In Customary International Law That Provides For International Criminal Liability For Individual Non-State Actors., Avrum Jacobson Jan 2010

Does Terrorism Constitute A Crime Under International Law And, If So, What Is Its Definition. Specifically Addressing The Argument That A Limited Definition Of Terrorism Has Emerged In Customary International Law That Provides For International Criminal Liability For Individual Non-State Actors., Avrum Jacobson

War Crimes Memoranda

No abstract provided.


Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown Jan 2010

Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown

War Crimes Memoranda

No abstract provided.


Under What Conditions Would The Involvement Of A Judge In The Adoption Of A Piece Of Legislation Warrant His Recusal (Or Removal) From The Bench On Grounds Of Lack Of Impartiality Or Appearance Thereof?, Brandon J. Wheeler Jan 2010

Under What Conditions Would The Involvement Of A Judge In The Adoption Of A Piece Of Legislation Warrant His Recusal (Or Removal) From The Bench On Grounds Of Lack Of Impartiality Or Appearance Thereof?, Brandon J. Wheeler

War Crimes Memoranda

No abstract provided.


Accused’S Right To Document Translation..., John K. Sawyer Jan 2010

Accused’S Right To Document Translation..., John K. Sawyer

War Crimes Memoranda

Specifically addressing what the rights are of the accused to the translation of documents (in his or her own language and/or in the language of his or her counsel) and the concomitant obligations of the parties. Also, the issues were examined with reference to the 20 February 2009 Pre-Trial Chamber decision in Khieu Samphan’s appeal.


Appeal Based On Inadequate Representation, Ugochi Madubata Jan 2010

Appeal Based On Inadequate Representation, Ugochi Madubata

War Crimes Memoranda

No abstract provided.


Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella Jan 2010

Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella

War Crimes Memoranda

No abstract provided.


Chapeau Elements Of Crimes Against Humanity, Crimes Against Humanity, Crimes Against Humanity And Chapeau Elements, R. Garrison Mason Jr. Jan 2010

Chapeau Elements Of Crimes Against Humanity, Crimes Against Humanity, Crimes Against Humanity And Chapeau Elements, R. Garrison Mason Jr.

War Crimes Memoranda

No abstract provided.


Issues Arising From Further Commercial Development Of The Great Lakes, Bill Hearn, Rose Ann Deleon, Georges Robichon Jan 2010

Issues Arising From Further Commercial Development Of The Great Lakes, Bill Hearn, Rose Ann Deleon, Georges Robichon

Canada-United States Law Journal

No abstract provided.


Statutory Interpretation Regarding Joint Criminal Enterprise And Roots In Codes Of Superior Responsibility Doctrine. Does Article 3(1)(B) Of The Stl Statute Refer To The Joint Criminal Enterprise Doctrine (Jce) Or To Another Mode Of Liability? If This Provision Does Not Refer To Jce, What Was The Intent Of The Drafters Of The Statute Regarding The Meaning Of This Provision? What Support Is There For The Proposition That The Doctrine Of Superior Responsibility Is Rooted In National Criminal And Military Codes? Which Ones? Is It Possible To Find Concordant Law-Cases Issued Before February 14 2005 By National Courts From Different Legal Systems Which Establishes That Superior Responsibility As Set Out In Article 3 Of The Stl Statute Is Applicable To Terrorists Acts, Murder Or Other Crimes Within The Jurisdiction Of The Stl?, Jacqueline C. Greene Jan 2010

Statutory Interpretation Regarding Joint Criminal Enterprise And Roots In Codes Of Superior Responsibility Doctrine. Does Article 3(1)(B) Of The Stl Statute Refer To The Joint Criminal Enterprise Doctrine (Jce) Or To Another Mode Of Liability? If This Provision Does Not Refer To Jce, What Was The Intent Of The Drafters Of The Statute Regarding The Meaning Of This Provision? What Support Is There For The Proposition That The Doctrine Of Superior Responsibility Is Rooted In National Criminal And Military Codes? Which Ones? Is It Possible To Find Concordant Law-Cases Issued Before February 14 2005 By National Courts From Different Legal Systems Which Establishes That Superior Responsibility As Set Out In Article 3 Of The Stl Statute Is Applicable To Terrorists Acts, Murder Or Other Crimes Within The Jurisdiction Of The Stl?, Jacqueline C. Greene

War Crimes Memoranda

No abstract provided.


Keynote Address: The T-Team, Michael P. Scharf Jan 2010

Keynote Address: The T-Team, Michael P. Scharf

Faculty Publications

No abstract provided.


The Torture Lawyers, Michael P. Scharf Jan 2010

The Torture Lawyers, Michael P. Scharf

Faculty Publications

This article recounts the story about how these four individuals intentionally cut off the government's primary experts on the Geneva Conventions, the Torture Convention, and customary international law from the decision making process. In doing so, they presented a one-sided and distorted view of U.S. obligations under international law that led to a widespread government policy and practice of torture. It also reveals how a trio of important Supreme Court precedents disrupted these plans, and ultimately swung the balance back in favor of compliance with international law.


On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon Jan 2010

On The Use And Abuse Of Standards For Law: Global Governance And Offshore Financial Centers, Richard K. Gordon

Faculty Publications

Current trends in international legal scholarship have shifted from a paradigm of state actors working within recognized sources of international law to one that includes networks of domestic regulators that develop and implement best practices or standards on a global basis. The new paradigm can be seen in operation in the efforts by onshore jurisdictions (most of which are financial centers themselves) to restrict the activities of offshore financial centers. Onshore jurisdictions enlisted these regulatory networks, as well as key international organizations, such as the Organization for Economic Co-operation and Development and the International Monetary Fund, to advance new standards …


Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf Jan 2010

Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf

Faculty Publications

Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …


Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano Jan 2010

Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano

Faculty Publications

Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.


Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton Jan 2010

Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton

Case Western Reserve Journal of International Law

No abstract provided.


Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis Jan 2010

Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis

Case Western Reserve Journal of International Law

No abstract provided.


Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn Jan 2010

Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn

Case Western Reserve Journal of International Law

No abstract provided.


Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig Jan 2010

Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig

Case Western Reserve Journal of International Law

No abstract provided.


Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku Jan 2010

Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku

Case Western Reserve Journal of International Law

No abstract provided.


Litigating The State Secrets Privilege, Lee Tien Jan 2010

Litigating The State Secrets Privilege, Lee Tien

Case Western Reserve Journal of International Law

No abstract provided.


A Social Movement For Privacy/Against Surveillance - Some Difficulties In Engendering Mass Resistance In A Land Of Twitter And Tweets, Laura Huey Jan 2010

A Social Movement For Privacy/Against Surveillance - Some Difficulties In Engendering Mass Resistance In A Land Of Twitter And Tweets, Laura Huey

Case Western Reserve Journal of International Law

No abstract provided.


Protecting Antiquities And Saving The Universal Museum: A Necessary Compromise Between The Conflicting Ideologies Of Cultural Property, Nicole Klug Jan 2010

Protecting Antiquities And Saving The Universal Museum: A Necessary Compromise Between The Conflicting Ideologies Of Cultural Property, Nicole Klug

Case Western Reserve Journal of International Law

No abstract provided.


International Ice Hockey: Player Poaching And Contract Dispute, Kate Zdrojeski Jan 2010

International Ice Hockey: Player Poaching And Contract Dispute, Kate Zdrojeski

Case Western Reserve Journal of International Law

No abstract provided.


Book Reviews, Johannes Van Aggelen Jan 2010

Book Reviews, Johannes Van Aggelen

Case Western Reserve Journal of International Law

No abstract provided.


Volume 42 Issue 3 (2010), Cwru Journal Of International Law Jan 2010

Volume 42 Issue 3 (2010), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano Jan 2010

Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano

Case Western Reserve Journal of International Law

No abstract provided.


The Curious Career Of Lawfare, Wouter G. Werner Jan 2010

The Curious Career Of Lawfare, Wouter G. Werner

Case Western Reserve Journal of International Law

No abstract provided.


Lawfare Or Strategic Communications?, Gregory P. Noone Dr. Jan 2010

Lawfare Or Strategic Communications?, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.


Lawfare: A Rhetorical Analysis, Tawia Ansah Jan 2010

Lawfare: A Rhetorical Analysis, Tawia Ansah

Case Western Reserve Journal of International Law

No abstract provided.


Does Lawfare Need An Apologia?, Charles J. Dunlap Jr. Jan 2010

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Case Western Reserve Journal of International Law

No abstract provided.