Now showing items 71-80 of 966
Mangrum and Benson on Utah evidence
R. Collin Mangrum & Dee Benson, Mangrum and Benson on Utah Evidence (2008-2009 ed. 2008).
Pulling at the threads of Westphalia: "Involuntary sovereignty waiver" - Revolutionary international legal theory or return to rule by the great powers?
Michael J. Kelly, Pulling at the Threads of Westphalia: "Involuntary Sovereignty Waiver" - Revolutionary International Legal Theory or Return to Rule by the Great Powers?, 10 UCLA J. Int'l L. & Foreign Aff. 361 (2005).
This paper explores the nature of sovereignty, its 17th century fusion with the state as a new political entity, its evolution over time, and challenges to its systemic primacy in the 21st century by thinkers such as Dr. ...
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 ...
Tricky nature of proving genocide against Saddam Hussein before the Iraqi Special Tribunal
Michael J. Kelly, The Tricky Nature of Proving Genocide Against Saddam Hussein Before the Iraqi Special Tribunal, 38 Cornell Int'l L.J. 983 (2005).
The trial of Saddam Hussein on charges of genocide for gassing thousands of Iraqi Kurds in Halabja and elsewhere during the Anfal campaigns and against the Marsh Arabs in southern Iraq will be difficult. Prosecutors must ...
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 ...
Genocide of the Iraqi Kurds and trial of Saddam Hussein
Michael J. Kelly, The Genocide of the Iraqi Kurds and Trial of Saddam Hussein, Creighton Law., Fall 2005, at 10.
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. ...
Aut dedere aut judicare and the death penalty extradition prohibition
Michael J. Kelly, Aut Dedere Aut Judicare and the Death Penalty Extradition Prohibition, 10 Int'l Legal Theory 53 (2004).
Can sovereigns be brought to justice? The crime of genocide's evolution and the meaning of the Milosevic trial
Michael J. Kelly, Can Sovereigns Be Brought to Justice? The Crime of Genocide's Evolution and the Meaning of the Milosevic Trial, 76 St. John's L. Rev. 257 (2002).
This paper tracks the evolution of genocide from an accepted wartime practice in antiquity to an international crime today and the concommitant effort to hold sovereigns accountable for commission of genocide. The trial ...
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 ...