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Case Western Reserve University School of Law

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Articles 781 - 810 of 2050

Full-Text Articles in International Law

Entrepreneurship: Business And Government - Introduction, Charies Magerman Jan 2008

Entrepreneurship: Business And Government - Introduction, Charies Magerman

Canada-United States Law Journal

No abstract provided.


China - Trade Or Human Rights: Which Comes First - The Canadian Model, Amos N. Guiora, Samuel S. Riotte Jan 2008

China - Trade Or Human Rights: Which Comes First - The Canadian Model, Amos N. Guiora, Samuel S. Riotte

Canada-United States Law Journal

No abstract provided.


"Instigation" In International Criminal Law, Louis David Coddon Jan 2008

"Instigation" In International Criminal Law, Louis David Coddon

War Crimes Memoranda

No abstract provided.


“Planning” Under International Criminal Law Specifically Addressing The Legal Elements And The Scope Of The Term To “Plan” A Crime Under International Criminal Law., Sara Mahmoud-Davis Jan 2008

“Planning” Under International Criminal Law Specifically Addressing The Legal Elements And The Scope Of The Term To “Plan” A Crime Under International Criminal Law., Sara Mahmoud-Davis

War Crimes Memoranda

No abstract provided.


Can The Mass Starvation And Denial Of Medical Services To Those Held In Involuntary Detention Constitute Genocide, Crimes Against Humanity, Or Grave Breaches Of The Geneva Convention? And What Level Of Foreseeability Is Necessary To Hold Policy Makers Liable For Starvation And Illness?, Sheronda M. Lawson Jan 2008

Can The Mass Starvation And Denial Of Medical Services To Those Held In Involuntary Detention Constitute Genocide, Crimes Against Humanity, Or Grave Breaches Of The Geneva Convention? And What Level Of Foreseeability Is Necessary To Hold Policy Makers Liable For Starvation And Illness?, Sheronda M. Lawson

War Crimes Memoranda

No abstract provided.


Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey Jan 2008

Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey

War Crimes Memoranda

No abstract provided.


Regarding State Owned Resources, Or In The Alternative, Resources In Which The State Has The Primary Or Superior Interest - Would Exploitation Of Such Resources Constitute Pillage As That Term Is Defined In International Criminal Law? And Would Such Conduct Be A Crime Against Humanity As It Is A State Owned Resource, Or A Resource In Which The State Has The Primary Or Superior Interest?, Michael Mcgregor Jan 2008

Regarding State Owned Resources, Or In The Alternative, Resources In Which The State Has The Primary Or Superior Interest - Would Exploitation Of Such Resources Constitute Pillage As That Term Is Defined In International Criminal Law? And Would Such Conduct Be A Crime Against Humanity As It Is A State Owned Resource, Or A Resource In Which The State Has The Primary Or Superior Interest?, Michael Mcgregor

War Crimes Memoranda

No abstract provided.


Should The Extraordinary Chambers In The Courts Of Cambodia Be Allowed To Admit Evidence Of The Khmer Rouge’S Command Structure That Was Obtained From The Torture Of Prisoners At Tuol Sleng, Alexander Laytin Jan 2008

Should The Extraordinary Chambers In The Courts Of Cambodia Be Allowed To Admit Evidence Of The Khmer Rouge’S Command Structure That Was Obtained From The Torture Of Prisoners At Tuol Sleng, Alexander Laytin

War Crimes Memoranda

No abstract provided.


Superior Responsibility And The Extraordinary Chambers Of The Courts Of Cambodia, Eccc, Eccc And Superior Responsibility, Status Of Superior Responsibility In International Law Before 1975 Specifically Discussing The Existence, Character, And Special Problems Of The Doctrine Of Superior Responsibility., J. Matthew Lineham Jan 2008

Superior Responsibility And The Extraordinary Chambers Of The Courts Of Cambodia, Eccc, Eccc And Superior Responsibility, Status Of Superior Responsibility In International Law Before 1975 Specifically Discussing The Existence, Character, And Special Problems Of The Doctrine Of Superior Responsibility., J. Matthew Lineham

War Crimes Memoranda

No abstract provided.


The Adequacy Of Uganda’S War Crimes Court, Gadeir Abbas Jan 2008

The Adequacy Of Uganda’S War Crimes Court, Gadeir Abbas

War Crimes Memoranda

No abstract provided.


The Development Of International Aiding Or Abetting Jurisprudence Since World War Two Specifically Addressing The Argument That High-Up Government Officials May Be Held Guilty For Aiding Or Abetting Crimes By Omission, So Long As Such Omission Satisfies The Basic Elements Of Aiding Or Abetting., Zachary David Gilliland Jan 2008

The Development Of International Aiding Or Abetting Jurisprudence Since World War Two Specifically Addressing The Argument That High-Up Government Officials May Be Held Guilty For Aiding Or Abetting Crimes By Omission, So Long As Such Omission Satisfies The Basic Elements Of Aiding Or Abetting., Zachary David Gilliland

War Crimes Memoranda

No abstract provided.


The Status Of The Crime Of Genocide, In Cambodia And Under Customary International Law, In 1975 Specifically Addressing Whether Or Not Genocide Was A Crime In Cambodia In 1975 And Whether Or Not It Was A Crime Under Customary International Law. Also, Whether The Language Differences Between Article 4 Of The Eccc Statute And The Convention On The Prevention And Punishment Of The Crime Of Genocide Could Have Consequences On Prosecutions Before The Eccc., Lynn Greening Jan 2008

The Status Of The Crime Of Genocide, In Cambodia And Under Customary International Law, In 1975 Specifically Addressing Whether Or Not Genocide Was A Crime In Cambodia In 1975 And Whether Or Not It Was A Crime Under Customary International Law. Also, Whether The Language Differences Between Article 4 Of The Eccc Statute And The Convention On The Prevention And Punishment Of The Crime Of Genocide Could Have Consequences On Prosecutions Before The Eccc., Lynn Greening

War Crimes Memoranda

No abstract provided.


Under The Doctrines Of Joint Criminal Enterprise And Command Responsibility, What Is Deputy Secretary Nuon Chea’S Potential Criminal Liability For Ordering And Failing To Prevent, Halt, And Punish Violations Of International Humanitarian Law?, Megan Mccarthy Jan 2008

Under The Doctrines Of Joint Criminal Enterprise And Command Responsibility, What Is Deputy Secretary Nuon Chea’S Potential Criminal Liability For Ordering And Failing To Prevent, Halt, And Punish Violations Of International Humanitarian Law?, Megan Mccarthy

War Crimes Memoranda

No abstract provided.


A Comprehensive Study To Determine The Elements And Scope Of Convictions For Aiding And Abetting, As Illustrated By Case Law From The International Criminal Tribunals, Katharine Gibson Jan 2008

A Comprehensive Study To Determine The Elements And Scope Of Convictions For Aiding And Abetting, As Illustrated By Case Law From The International Criminal Tribunals, Katharine Gibson

War Crimes Memoranda

No abstract provided.


International Jurisprudence On Impeachment Of A Witness Specifically Addressing The Procedure For Impeachment Of A Witness Of The Court, Aanchal Soni Jan 2008

International Jurisprudence On Impeachment Of A Witness Specifically Addressing The Procedure For Impeachment Of A Witness Of The Court, Aanchal Soni

War Crimes Memoranda

No abstract provided.


Were The Offenses Described In Article 5 Of The Eccc Statute Part Of The Customary International Law In 1975? And What Is The Evidentiary Threshold Of The Discriminatory Intent For Crimes Against Humanity Described In The Chapeau Of Article 5 Of The Eccc Statute?, Geoffrey M. Dureska Jan 2008

Were The Offenses Described In Article 5 Of The Eccc Statute Part Of The Customary International Law In 1975? And What Is The Evidentiary Threshold Of The Discriminatory Intent For Crimes Against Humanity Described In The Chapeau Of Article 5 Of The Eccc Statute?, Geoffrey M. Dureska

War Crimes Memoranda

No abstract provided.


Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin Jan 2008

Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin

Faculty Publications

No abstract provided.


Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf Jan 2008

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf

Faculty Publications

Written by a consultant to the United Nation's newly established Cambodia Genocide Tribunal, "Tainted Provenance" examines one of the most important legal questions that will face the Tribunal as it begins its trials next year -- whether evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility should be considered notwithstanding the international exclusionary rule for evidence procured by torture. The issue of whether there should be exceptions to the torture evidence exclusionary rule (and how those exceptions should be crafted to avoid abuse) has significant implications beyond the international tribunal, …


Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres Jan 2008

Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.


Psychological, Theological, And Thanatological Aspects Of Suicidal Terrorism, J. S. Piven Jan 2008

Psychological, Theological, And Thanatological Aspects Of Suicidal Terrorism, J. S. Piven

Case Western Reserve Journal of International Law

No abstract provided.


Terror In The Name Of Islam - Unholy War, Not Jihad, Parvez Ahmed Jan 2008

Terror In The Name Of Islam - Unholy War, Not Jihad, Parvez Ahmed

Case Western Reserve Journal of International Law

No abstract provided.


Cyber Embargo: Countering The Internet Jihad, Gregory S. Mcneal Jan 2008

Cyber Embargo: Countering The Internet Jihad, Gregory S. Mcneal

Case Western Reserve Journal of International Law

No abstract provided.


Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova Jan 2008

Data Protection Conflicts Between The United States And The European Union In The War On Terror: Lessons Learned From The Existing System Of Financial Information Exchange, Matthew R. Vanwasshnova

Case Western Reserve Journal of International Law

No abstract provided.


Re-Thinking Humanitarian Aid In The Post-Gulf War Era: The International Committee Of The Red Cross Takes The Lead, Sarah R. Denne Jan 2008

Re-Thinking Humanitarian Aid In The Post-Gulf War Era: The International Committee Of The Red Cross Takes The Lead, Sarah R. Denne

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 39 Issue 3 (2008) Jan 2008

Masthead, Volume 39 Issue 3 (2008)

Case Western Reserve Journal of International Law

No abstract provided.


Volume 39 Issue 3 (2008), Cwru Journal Of International Law Jan 2008

Volume 39 Issue 3 (2008), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Volume 40 Issue 1 (2008), Cwru Journal Of International Law Jan 2008

Volume 40 Issue 1 (2008), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 40 Issue 2 (2008) Jan 2008

Masthead, Volume 40 Issue 2 (2008)

Case Western Reserve Journal of International Law

No abstract provided.


Volume 40 Issue 2 (2008), Cwru Journal Of International Law Jan 2008

Volume 40 Issue 2 (2008), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares Jan 2008

An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares

Faculty Publications

Empirical analysis of NAFTA panel review has shown that panels reverse US agency trade remedy determinations twice as often as US courts. Recent studies have eliminated case selection and other hypotheses as potential explanations for this divergence. In this article, Probit regressions show that case docket differences, such as type of import or litigant identity, also cannot account for this discrepancy. As NAFTA panels must apply the same law and standards of review as the US courts they replace, this divergence presents serious questions regarding US Congressional acquiescence to the operation of NAFTA panels and encourages discussion of the role …