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William & Mary Law School

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Articles 211 - 240 of 342

Full-Text Articles in International Law

Participatory Constitution Making In Post-Conflict States, Angela M. Banks Jan 2007

Participatory Constitution Making In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.

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Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins Jan 2007

Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins

Faculty Publications

No abstract provided.

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Inefficient Customs In International Law, Eugene Kontorovich Dec 2006

Inefficient Customs In International Law, Eugene Kontorovich

William & Mary Law Review

This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent …

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Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.

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Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein Apr 2006

Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein

Popular Media

No abstract provided.

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Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer Apr 2006

Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer

William & Mary Law Review

In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer its definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer an unequivocal answer. This Article focuses on the Court's plurality opinion, and particularly on its conclusion that judicially manageable standards are wanting in this area. This conclusion is implausible and masks the real question at the heart of the case. The Vieth plurality is best understood by examining the Court's political and prudential concerns as cabined by the political question doctrine. One understanding is simply that the plurality is making …

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Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi Apr 2006

Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi

William & Mary Bill of Rights Journal

No abstract provided.

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Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps Feb 2006

Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn Feb 2006

Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans Feb 2006

Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans

William & Mary Environmental Law and Policy Review

No abstract provided.

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Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr. Feb 2006

Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.

William & Mary Law Review

No abstract provided.

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Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Jan 2006

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …

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International Courts And Tribunals, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman Jul 2005

International Courts And Tribunals, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2004 concerning international courts and tribunals, particularly events relating to tbe International Court of Justice, tbe United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, and tbe Claims Resolution Tribunal. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of tbe Sea, and tbe World Trade Organization dispute settlement system and other trade dispute settlement systems are detailed in other articles in this issue.

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Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait Apr 2005

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

William & Mary Bill of Rights Journal

No abstract provided.

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Sex Slavery In The United States And The Law Enacted To Stop It Here And Abroad, Susan W. Tiefenbrun Apr 2005

Sex Slavery In The United States And The Law Enacted To Stop It Here And Abroad, Susan W. Tiefenbrun

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks Apr 2005

Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks

Faculty Publications

The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering the success …

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Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks Jan 2005

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.

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Profile: Judge George H. Aldrich, Nancy Amoury Combs Jan 2005

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Faculty Publications

No abstract provided.

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Section 4: International Law At The U.S. Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2004

Section 4: International Law At The U.S. Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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International Courts And Tribunals, Nancy Amoury Combs, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman Jul 2004

International Courts And Tribunals, Nancy Amoury Combs, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2003 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal and the Claims Resolution Tribunal. Other articles in this issue detail significant developments relating to the International Criminal Court, the International Criminal Tribunals for Rwanda and the former Yugoslavia, the proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems.

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The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson Apr 2004

The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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The Transnational And Sub-National In Global Crimes, Lan Cao Jan 2004

The Transnational And Sub-National In Global Crimes, Lan Cao

Faculty Publications

No abstract provided.

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Carla Del Ponte: Her Retrospective Of Four Years In The Hague, Angela M. Banks Jan 2004

Carla Del Ponte: Her Retrospective Of Four Years In The Hague, Angela M. Banks

Faculty Publications

No abstract provided.

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The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle Jan 2004

The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle

Faculty Publications

No abstract provided.

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United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack Dec 2003

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.

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The Political Economy Of International Antitrust Harmonization, John O. Mcginnis Dec 2003

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.

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Envisioning A Global Legal Culture, Charles H. Koch Jr. Oct 2003

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman Jul 2003

International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2002 involving international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal, and the International Commission on Holocaust Era Insurance Claims. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems are detailed in other articles in this …

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Annan Leaves Door Open For U.S. Action, Alan J. Meese Feb 2003

Annan Leaves Door Open For U.S. Action, Alan J. Meese

Popular Media

No abstract provided.

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The U.S.-China Rule Of Law Initiative, Paul Gewirtz Feb 2003

The U.S.-China Rule Of Law Initiative, Paul Gewirtz

William & Mary Bill of Rights Journal

No abstract provided.

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