The Amicus Curiae in International Criminal Justice
The Amicus Curiae in International Criminal Justice

Author: Sarah Williams

Publisher: Bloomsbury Publishing

Published: 2020-02-06

Total Pages: 409

ISBN-13: 1509913335

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The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.

Managed Speech
Managed Speech

Author: Gregory P. Magarian

Publisher: Oxford University Press

Published: 2017-03-07

Total Pages: 297

ISBN-13: 0190466812

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Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

Chimpanzee Rights
Chimpanzee Rights

Author: Kristin Andrews

Publisher: Routledge

Published: 2018-08-30

Total Pages: 124

ISBN-13: 0429865619

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Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.

Harvard Law Review: Volume 125, Number 1 - November 2011
Harvard Law Review: Volume 125, Number 1 - November 2011

Author: Harvard Law Review

Publisher: Quid Pro Books

Published: 2011-11-22

Total Pages: 775

ISBN-13: 1610279654

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The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.

Individual Criminal Responsibility for Core International Crimes
Individual Criminal Responsibility for Core International Crimes

Author: Ciara Damgaard

Publisher: Springer Science & Business Media

Published: 2008-08-02

Total Pages: 461

ISBN-13: 354078781X

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1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.