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  Revised Pre-Trial Procedure Before the ICTY from a Continental/Common Law Persepective

  Megan A. Fairlie

  For nearly a decade and a half, the world has witnessed the resurgence of international criminal law, a revival initially brought about by the formation of the International Criminal Tribunal for the former Yugoslavia (ICTY), which has since forged the way for a 'constantly expanding universe of international criminal justice institutions.' The first ad hoc tribunal incurred the task of formulating a procedural and evidentiary framework for international criminal proceedings, a significant assignment and an undertaking made all the more challenging owing to the high expectations of the international community. Also unique to the Tribunal was its instant precedent-setting status. Whilst it took nearly fifty years for the prosecutions at Nuremberg and Tokyo to bear practical relevance for the next wave of non-domestic prosecutions, the effect of ICTY practice is decidedly dissimilar, and one that creates a strong impetus to reflect upon it in some detail. At the time of its inception, it was widely noted that the ICTY needed to incorporate the human rights developments of the near half-century that preceded its creation and that the failure to do so effectively would undermine both its credibility and the long-term viability of international criminal justice. The general consensus is that the ICTY has been reasonably successful in its treatment of accused persons. Yet, as tribunal practice stands poised to be imitated-indeed, even before the Tribunal issued its first indictment, its procedural framework was recognised as 'a blueprint for ... future international courts' -it makes sense to consider the value of its contribution to the development of international criminal procedure. In this vein, this piece assesses 'the crucial role played by pre-trial proceedings in the administration of justice' at the ICTY. There is perhaps no better argument for the worth of such an analysis than that tribunal practice in this regard has proven unsatisfactory to observers and participants alike. The assessment that follows takes into account the structure of the Tribunal, its initial approach to pre-trial matters and the manner in which such practice has been transformed, with the latter focusing in particular on the role of the pre-trial judge, the judiciary' s access to evidence, and pre-trial and defence disclosure obligations. These aspects of ICTY pretrial practice are considered through both a continental and a common law lens. This approach does not seek to deny that the Tribunal's present practice is sui generis; indeed, even if the same is seen as a continental/ common law hybrid, its ( ever evolving) amalgamation is undoubtedly unique and gives rise to sui generis issues and questions. Yet insofar as the Tribunal's construct may be deemed to have an Anglo-American orientation and changes made may tend to reflect continental practice, it makes sense to consider, in light of the experience of the relevant systems of justice, the manner in which certain of the innovations made may alter the ability of ICTY to provide a fair trial.

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  Corporations and Other Business Enterprises : Cases and Materials

  Thomas Lee Hazen and Jerry W. Markham

  The abridged edition of this law school casebook is suitable for instructors who do not want to mine through a longer book to pare it down for the typical introductory course without losing key cases or key concepts. Like the standard edition, it contains explanatory notes, but with less detail than is found in the standard edition. It also omits material that is generally more suitable for more advanced corporate and securities courses. It includes unincorporated forms of doing business and covers federal securities law issues and specialized treatment of closely held corporations.

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  Globalization: Debunking the Myths

  Lui Hebron and John F. Stack Jr.

  Globalization: Debunking the Myths demystifies the rhetoric surrounding one of the most hotly debated topics among scholars, commentators, and policymakers. Presenting arguments for and against globalization, this text examines a wide range of views on the economic, political, cultural, and environmental dimensions of globalization and exposes their underlying frameworks, methodologies, and expectations. Throughout,Globalization compares rhetoric and reality and argues that there is no one way to understand this complex phenomenon.

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  Coke’s Advice on Executing Wills of Land

  Matthew C. Mirow

  This essay explores the advice Edward Coke provided for testators executing wills of land. Coke listed eight suggested practices at the end of his report of Butler and Baker's Case (1591). This list is examined in light of the Statute of Wills (1540) and the Statute of Frauds (1677). Text in English with Italian abstract.

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  South and Central America: Overview

  Matthew C. Mirow

  SOUTH AND CENTRAL AMERICA. [This entry contains six subentries, an overview of South and Central American law and discussion of pre-colonial laws, Spanish colonial law, Portuguese colonial law, other colonial laws, and legal pluralism.] Overview: Apart from a few significant civilizations, little is known .. about the legal systems of indigenous peoples of the region before European contact. Where indigenous legal customs are present today, some extrapolation can be made to precolonial practices. Colonial legal systems mostly obscured prior customary law, although some indigenous law has continued to operate alongside colonial law, particularly in communities ,where colonial powers permitted local autonomy.

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  Wills: English Common Law

  Matthew C. Mirow

  WILLS: [This entry contains two subentries, on wills in English common law and in Islamic law. For discussion of wills in ancient Greek law, see Inheritance, subentry on Ancient Greek Law. For wills in Chinese law and United States law, see Succession.]

  English Common: Law The history of wills and testaments reflects the jurisdictional conflicts that existed between the royal and ecclesiastical authorities over the control of the disposition of property upon death. The common law, church, .and chancery courts each gained control over different aspects of succession, leaving a complex body of law. The division between land and chattels has been characterized as "the most fundamental dividing line of the medieval common law" (Holdsworth, p. 412). This division, the characterization of property as either land or chattel, mostly settled by around 1500, determined the treatment of the property for both testate and intestate estates. In the absence of a will, land was subject to precise rules of inheritance that operated by law to pass the property to the heir or heirs. The disposition of chattels, in the absence of a testament, was subject to local custom and the individual discretion of the ecclesiastic administering the estate. Wherever land was concerned, ecclesiastical courts were prohibited from acting.

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  Regulation of Bank Financial Service Activities : Cases and Materials, 3rd ed.

  Lissa L. Broome and Jerry W. Markham

  This casebook provides a comprehensive overview of banking regulation including its history, federal and state regulation, the role of banks in hedge funds and private equity, and international regulatory issues. It covers the capital markets, derivatives, and insurance activities of banks and their functional regulation by nonbanking regulators under the Gramm-Leach-Bliley Act. It also reviews thrift regulation and its evolution under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) and the Federal Deposit Insurance Corporation Improvement Act (FDICIA), and contains a chapter on bank commercial lending activity, including financing of subprime mortgages and the recent collapse of that market.

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  Save the World on Your Own Time

  Stanley Fish

  What should be the role of our institutions of higher education? To promote good moral character? To bring an end to racism, sexism, economic oppression, and other social ills? To foster diversity and democracy and produce responsible citizens? In Save the World On Your Own Time, Stanley Fish argues that, however laudable these goals might be, there is but one proper role for the academe in society: to advance bodies of knowledge and to equip students for doing the same. When teachers offer themselves as moralists, political activists, or agents of social change rather than as credentialed experts in a particular subject and the methods used to analyze it, they abdicate their true purpose. And yet professors now routinely bring their political views into the classroom and seek to influence the political views of their students. Those who do this will often invoke academic freedom, but Fish argues that academic freedom, correctly understood, is the freedom to do the academic job, not the freedom to do any job that comes into the professor's mind. He insists that a professor's only obligation is "to present the material in the syllabus and introduce students to state-of-the-art methods of analysis. Not to practice politics, but to study it; not to proselytize for or against religious doctrines, but to describe them; not to affirm or condemn Intelligent Design, but to explain what it is and analyze its appeal." Given that hot-button issues such as Holocaust denial, free speech, and the Israeli-Palestinian conflict are regularly debated in classrooms across the nation, Save the World On Your Own Time is certain to spark fresh debate-and to incense both liberals and conservatives-about the true purpose of higher education in America.

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  Latin American Law

  Matthew C. Mirow

  Latin American law 'Is there any?' is a frequent response students and scholars receive when informing others that they work on law in Latin America. On closer examination, the common perceptions of Latin America as a lawless region governed only by rent-seeking, corruption, impunity and self-help, give way to a spectacularly rich, complex, and woefully under- studied discipline that has both practical and academic import. Indeed, Latin American law, as found in the constituent countries of the region, now governs the lives and legal affairs of over 5oo million people, and affects countless others through trade, tourism, and family ties throughout the world. There is a lot of law in Latin America, but it must be considered in its particular context. Challenges to the rule of law in Latin America are rife; difficulties with implementation, impediments to enforcement, lack of governmental support, and well-accepted societal practices weave a fabric of resistance to pervasive legality and compliance with legal rules. Nonetheless, industry produces raw materials and finished goods and steers its activities though corporations, contracts, investment financing agreements, and banks. Workers are paid, and grievances with employers are settled. People die and their property is distributed to their family members; others buy and sell houses. Legal disputes are brought before courts and other dispute-settling bodies. In Latin America, it is perhaps better to think of pockets of legality in which the rule of law functions well, and pockets where the penetration of law and legal culture is lacking.

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  The New Deal In South Florida

  John F. Stack, Jr. and John A. Stuart

  This book examines some of the most significant social and economic difficulties confronting south Florida during the 1930s and explores the interventions proposed and carried out by members of Franklin Delano Roosevelt's New Deal administration. In the broadest sense, New Dealers set out to regain national economic strength by reordering the national landscape and its resources during the Depression. In order to grapple with the complexities that such a reorganization entailed, this collection of essays looks across the disciplinary lines of political science and design history to uncover how the physical characteristics and qualities of life in south Florida were permanently transformed by the impact of New Deal building programs. There has been much recent scholarly interest in exploring the New Deal in the South. In south Florida, the tensions were many and involved pressures upon traditional agricultural interests from the growing urban populations; the conflicting needs of young working populations with families and growing numbers of retirees; the challenges to ideas of race and community brought about by sprawling city neighborhoods; the efforts to develop a city reliant upon tourism that attracts new residents through community services and amenities; and the difficulties of balancing an image of south Florida as the fast-paced and edgy winter playground of Jai-Alai, boat races, air shows, and dog and horse racing with that of serene natural beauty, parks, and beaches.

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  Vidas Honorables: Abogados, Familia y Política en Colombia, 1780-1850

  Víctor M. Uribe-Urán

  "En este trabajo Uribe-Urán examina datos familiares en una nueva forma y al mismo tiempo revela datos nuevos fascinantes relacionando unos con otros para ofrecer una interpretación refrescantemente original. Tenemos en este trabajo una gran contribución a la literatura en torno a la historia de Colombia. Los especialistas en la historia de otras naciones Latinoamericanas también se beneficiarán de su lectura”. David Bushnell, Profesor Emérito de Historia Latinoamericana Universidad de la Florida, Gainesville, FL.

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  Consolidated Legal Texts for the Special Court for Sierra Leone

  Charles C. Jalloh

  The Special Court for Sierra Leone was established by a unique bilateral treaty between the United Nations and Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The Special Court is currently trying nine persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international and Sierra Leonean law that occurred after 30 November 1996. This volume presents, for the first time, a comprehensive collection of legal texts and instruments forming the normative legal framework underpinning the work of the Special Court. It fills the void for a handy sourcebook of the Special Court's primary and secondary legal texts and is intended for use primarily by the judges, lawyers, academics and other practitioners in the Special Court and other hybrid and international tribunals, including the permanent International Criminal Court.

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  Concurrent Jurisdiction at the ICTR: Should the Tribunal Refer Cases to Rwanda?

  Alhagi Marong, Charles C. Jalloh, and David Kinnecome

  With mounting political pressure from the international community for the International Criminal Tribunal for Rwanda (ICTR) to wrap up all trials by 2010, in line with its Completion Strategy, this article offers an early look at the power of the ICTR Prosecutor to transfer or refer part of his caseload to national courts and the legal, political and practical limitations on the exercise of that authority. The paper briefly examines the history of the ICTR, the concurrent jurisdiction of the ICTR, the express power of referral and the practice relating to concurrent jurisdiction between international and national courts over international crimes in the jurisprudence of the International Criminal Tribunal of the former Yugoslavia. The article also investigates the legal and policy issues the ICTR currently faces in seeking to transfer cases to Rwandan courts and their ramifications. Based on the jurisprudence, the authors argue that the Prosecutor should not transfer cases to Rwanda or other national courts unless those courts can ensure the transferred suspects or accused can be charged with international crimes in fair trials in which they will not receive the death penalty if convicted.

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  Florida Wills, Trusts, and Estates: Cases and Materials, 1st ed.

  Elena Marty-Nelson and Eloisa C. Rodriguez-Dod

  This unique casebook examines wills and trusts by focusing on Florida law. The laws governing wills and trusts continue to be state-law driven despite widespread adoptions of uniform codes, such as the UPC and UTC. We believe there is much to be gained by studying the laws of one state as a whole, and Florida law is particularly well suited for studying this area of the law. Florida has a well developed probate code and its common law wills and trusts decisions address issues in fascinating factual situations that students find engaging. Moreover, in 2006 Florida adopted its version of the UTC referred to as the Florida Trust Code (FTC), effective July 1, 2007, making Florida a perfect platform for studying modern trusts law and practice.

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  Liberty for All : Reclaiming Individual Privacy in a New Era of Public Morality

  Elizabeth Price Foley

  In the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time.

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  Tratado de Derecho Arrendaticio Inmobiliario (Tomo II)

  Gilberto A. Guerrero-Rocca

  La ley de arrendamientos inmobiliarios plantea lo relacionado al campo de aplicación, relación y garantías arrendaticias, terminaciones de las relaciones arrendaticias, la prórroga legal, como tópicos que generan un perfil propio de lo que llamaríamos Derecho Arrendaticio en sustitución del antiguo concepto inquilinario.

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  Corporations and Other Business Enterprises : Cases and Materials

  Thomas Lee Hazen and Jerry W. Markham

  This abridged edition of this law school casebook is suitable for instructors who do not want to mine through a longer book to pare it down for the typical introductory course without losing key cases or key concepts. Like the standard edition it contains explanatory notes, but with less detail than is found in the standard edition, and this abridged edition omits material that is generally more suitable for more advanced corporate and securities courses. It includes unincorporated forms of doing business, federal securities law issues, and specialized treatment of closely held corporations.

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  First Amendment Law: Freedom of Expression and Freedom of Religion

  Arthur D. Hellman, William D. Araiza, and Thomas E. Baker

  The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course.

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  A Financial History of Modern U.S. Corporate Scandals : from Enron to Reform

  Jerry W. Markham

  The author of the award-winning trilogy A Financial History of the United States now provides a definitive new reference or the major failures of American corporate governance at the start of the 21st century. An essential resource for students, teachers and professionals in business finance, and securities law, this exhaustive work provides in-depth coverage of the collapse of the Enron Corporation and other financial scandals that erupted in the wake of the market downturn of 2000. The authoritative volume traces the market boom and bust that preceded Enron's collapse, as well as the aftermath of that failure, including the Enron bankruptcy proceedings, the prosecution of Enron officials, and Enron's role in the California energy crisis. It examines the role of the SEC's full disclosure system in corporate governance, and the role of accountants in that system, including Arthur Andersen LLP, the Enron auditor that was destroyed after it was accused of obstructing justice. The author chronicles the meltdown in the telecom sector that gave rise to accounting scandals at Nortel, Lucent, Qwest, Global Crossing, Adelphia, and WorldCom. He traces other accounting and governance failures at Rite Aid, Xerox, Computer Associates, AOL Time Warner, Vivendi, HealthSouth, and Hollinger. Markham also covers such Wall Street scandals as the Martha Stewart trial, the financial analyst conflicts, and the mutual fund trading abuses. He analyzes the Sarbanes-Oxley legislation that was adopted in response to these scandals, the burdens it imposes, and continuing flaws in full disclosure. Markham also traces the remarkable market recovery that followed the scandals and addresses the misguided efforts of corporate governance reformers that led to the abuses.

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  Appellate Courts: Structures, Functions, Processes, and Personnel

  Daniel J. Meador, Thomas E. Baker, and Joan E. Steinman

  This edition promises to redefine the canon of the study of appellate courts, continuing the comprehensiveness and increasing the depth of the First Edition. This edition of Appellate Courts provides teachers with choices that are suitable for a two- or three-unit course or a seminar. The book permits emphasis on either appellate jurisdiction and practice or on the structural and policy aspects of appellate court organization and administration. All the chapters have been revamped and updated, with coverage of appellate jurisdiction substantially expanded.Using both classic and new cases, the book examines theoretical and practical issues arising from the appellate courts’ dual roles to correct trial court error and to generate common law. Its coverage of the dramatic rise in the volume of appeals and the resultant institutional reforms far surpasses that of any other law school course book. Fresh materials present new perspectives on appellate structures, personnel, and procedures—preparing students to practice in the contemporary state and federal appellate courts. This provocative book considers such issues as the delegation of responsibility to law clerks and staff attorneys, the threats to judicial collegiality, the selection of state and federal judges—including the regulation of judicial candidates’ speech, and the role and ethics of the appellate lawyer. It devotes a separate chapter to the U.S. Supreme Court’s discretionary jurisdiction while another chapter draws upon Professor Meador’s unique understanding of the English and German appellate systems to contrast those systems with our own.In short, this book is unique in not only exploring appellate jurisdiction and procedure but also in taking the measure of the appellate courts in all their dimensions as important institutions in the American legal order.

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  Case Law in Mexico 1861-1919 – The Work of Ignacio Luis Vallarta

  Matthew C. Mirow

  Ignacio Luis Vallarta was instrumental in establishing notions of binding case law (jurisprudencia) in amparo actions (actions to protect constitutional rights) in nineteenth-century Mexico. This article examines Vallarta's reports of cases in the Mexican Supreme Court and his other writings to explore this concept in relation to his drafting of the Amparo Act of 1882. The work concludes that it is overwhelmingly clear from the works and statements of Vallarta that Mexican jurisprudencia in constitutional law is predominantly a product of direct borrowing of United States legal methods.

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  The other American Colonies : an International and Constitutional Law Examination of the United States' Nineteenth and Twentieth Century Island Conquests

  Ediberto Román

  The Other American Colonies: An International and Constitutional Law Examination of the United States Nineteenth and Twentieth Century Island Conquests is a thorough and thoughtful examination of U.S. overseas expansionism. This work illustrates how, despite its own anti-colonial beginnings, this country is the world's largest overseas territorial power. Roman looks at U.S. control and treatment of Puerto Rico, Guam, the U.S. Virgin Islands, Micronesia, American Samoa, the Northern Marianas, the Marshall Islands, and Palau, as well as the situations in the Phillippines, Cuba, and Hawaii. As the international community increasingly calls for the termination of colonialism, the book demonstrates how the United States has inconspicuously maintained its empire.From a constitutional perspective, the second-class citizen status of millions living on these territories is compared with American legal rhetoric concerning citizenship and its precepts of equality and justice. From an international law perspective, the work examines this country's integral role in the development of the international norm of self-determination, paradoxically comparing these efforts with its own conquests. The book will be of interest to internationalist, constitutional scholars, historians, and students of political science, anthropology, international relations, and ethnic studies. « Less

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  Global Issues in Property Law

  John G. Sprankling, Raymond R. Coletta, and M. C. Mirow

  This title is designed to introduce comparative law perspectives that help students understand domestic property law concepts, in areas including adverse possession, the right to exclude, estates in land, future interests, marital property, the landlord-tenant relationship, eviction of tenants, low-income housing, land sales transactions, title assurance, nuisance, and land use. It also introduces students to areas of international law that are beginning to affect domestic property law, including the human right to property, international regulatory takings, and global land sales transactions. Each chapter is designed to stand on its own, so they can be used in any order or combination.

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  At War with Civil Rights and Civil Liberties: An Introduction

  John F. Stack, Jr. and Thomas E. Baker

  On July 28, 2004, the Supreme Court of the United States decided three cases at the center of the constitutional balance between civil rights and civil liberties and the powers of the government to wage war. In the minds of many Americans, the September 11, 2001, attacks fundamentally changed the nature of constitutional protections and dramatically expanded the power of the executive branch at the expense of the judiciary. The Bush administration launched the War on Terrorism, followed by the war in Afghanistan, followed by war in Iraq. These wars were not declared in the only way the Constitution provides that wars should be declared, but nonetheless these military adventures are wars in every other sense of the word. American lives are being lost; our country's standing in the world is at stake and its treasures are being spent. Battlefield prisoners are being captured and pursued.

  The outcomes and reasoning of these three decisions were somewhat mixed. These decisions reinforced the nation's commitment to the rule of law and constitutionalism, but the justices took a decidedly pragmatic view of the executive power over foreign affairs and waging war. In Rasul v. Bush, the administration contended that it had the inherent power flowing from the War on Terrorism to hold foreign terrorist suspects indefinitely outside of the contiguous United States without access to legal counsel. Thus, more than six hundred non-Afghan nationals (Australians and Kuwaitis) were confined at the isolated American naval base at Guantanamo Bay, Cuba. In Hamdi v. Rumsfeld, the administration went further to maintain that it could designate an American citizen captured in Afghanistan, who allegedly was fighting against American troops in support of al Qaeda and the Taliban regime, as an enemy combatant and deny him legal counsel in order to protect the national security interests of the United States. In the third case, Rumsfeld v. Padilla, an American citizen was arrested on a flight from Pakistan to Chicago and held incommunicado in military custody-without ever being charged-because the government suspected him of planning acts of terror such as exploding a so-called dirty bomb, a device that would explode and contaminate a wide area with nuclear radiation. For many Americans, the Bush administration's policies constituted a dramatic and threatening transformation of traditional constitutional civil rights and civil liberties, even recognizing that the country was waging a de facto if not a de jure war. The Court's opinions in Rasul v. Bush and Hamdi v. Rumsfeld constitute landmark cases and appear in chapter 9 of this book. These opinions document how members of the Supreme Court have responded thus far to the current crisis in the name of the Constitution. The justices were obliged to explore the same constitutional leitmotifs that shape the warp and woof of this book. The stakes could not be higher for our country and for our way of life. Constitutional self-government and individual liberty lie in the balance in a number of vital areas:

  • the constitutional implications of the War on Terrorism

  • the delicate balance between civil rights and civil liberties of citizens and noncitizens during times of war

  • the significance of the great writ, habeas corpus, as a shield against arbitrary detention

  • the scope of the executive's powers in wartime

  • Congress's responsibilities during times of war and national emergency

  • the proper role of the Supreme Court and the lower federal courts

  • the importance of the rule of law for our polity

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  Régimen de gestión, control y protección constitucional de los servicios públicos

  Gilberto A. Guerrero-Rocca