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Cheating justice by cheating death: The doctrinal collision for prosecuting foreign terrorists -- Passage of aut dedere aut judicare into customary law and refusal to extradite based on the death penalty
Michael J. Kelly, Cheating Justice by Cheating Death: The Doctrinal Collision for Prosecuting Foreign Terrorists -- Passage of Aut Dedere Aut Judicare into Customary Law & Refusal to Extradite Based on the Death Penalty, 20 Ariz. J. Int'l & Comp. L. 491 (2003).
This article analyzes the interpleay between emerging customary law norms with regard to the duty of prosecution/extradition (aut dedere aut judicare) and operation of the death penalty as a bar to extradition. As America's ...
Time warp to 1945 -- Resurrection of the reprisal and anticipatory self-defense doctrines in international law
Michael J. Kelly, Time Warp to 1945 -- Resurrection of the Reprisal and Anticipatory Self-Defense Doctrines in International Law, 13 Fla. St. J. Transnat'l L. & Pol'y 1 (2003).
Widespread adoption of the U.N. Charter in 1945 outlawed warfare and pre-empted prior customary laws of war allowing such. Two of these dormant customs, reprisal and anticipatory self-defense, sporadically attempted to ...
Bush foreign policy 2001-2003: Unilateralist theory in a multilateral world, and the opportunity for change offered by Iraq
Michael J. Kelly, The Bush Foreign Policy 2001-2003: Unilateralist Theory in a Multilateral World, and the Opportunity for Change Offered by Iraq, 2 Wash. U. Global Stud. L. Rev. 221 (2003).
The foreign policy of president George W. Bush's first term has been characterized by his black/white unilaterilist view of the world. This has damaged America's image abroad immensely and hobbled the ability of the U.S. ...
Executive excess v. judicial process: American judicial responses to the government's war on terror
Michael J. Kelly, Executive Excess v. Judicial Process: American Judicial Responses to the Government's War on Terror, 13 Ind. Int'l & Comp. L. Rev. 787 (2003).
The federal government's policy responses to the 9/11 terrorist attacks and the ensuing conduct of President Bush's war on terror have thrown American civil liberty rights into disarray. Attorney General Ashcroft and Defense ...
Questions and answers: Constitutional law
Paul E. McGreal & Linda Eads, Questions & Answers: Constitutional Law (2003 & Supp. 2004-2006).
Criminal law
Thomas J. Gardner & Terry M. Anderson, Criminal Law (8th ed. 2003) (also Teacher's Manual).
Pine Tar Incident
Paul E. McGreal, The Pine Tar Incident, in Courting the Yankees: Legal Essays on the Bronx Bombers 131 (Ettie Ward ed., 2003).
Hearsay rule
G. Michael Fenner, The Hearsay Rule (2003).
Could the new International Criminal Court try Americans for war crimes in Iraq?
Michael Kelly, Op-Ed, Could the New International Criminal Court Try Americans for War Crimes in Iraq?, JURIST, Mar. 17, 2003.
Boost U.N. legitimacy by adding members to Security Council
Michael J. Kelly, Op-Ed, Boost U.N. Legitimacy by Adding Members to Security Council, Omaha World-Herald, May 18, 2003, at 11B.