Showing 1 - 10 of 25,064
The article engages in an ideology critique of international criminal law texts and discourse, drawing on a theoretical framework developed by critical legal studies scholars in order to interrogate, in a different jurisprudential context, the assumptions undergirding contemporary international...
Persistent link: https://www.econbiz.de/10013082385
Debate continues as to the transformations in terrorism evidenced by the September 11 attacks and since that time. Some, including the former U.S. President, point to changes in the nature of terrorism and argue that September 11 constituted a wholly new form of terrorism that demanded a novel...
Persistent link: https://www.econbiz.de/10012918884
Because of the difficulties of distinguishing friend and foe, security and insecurity, or even war and peace, terrorism appears to be an endemic and endless risk. The embedded nature of the terrorist risk appears to demand the treatment of one's neighbour as potentially friend and foe. One of...
Persistent link: https://www.econbiz.de/10012921772
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough...
Persistent link: https://www.econbiz.de/10013214120
“Control frauds” are seemingly legitimate entities controlled by persons that use them as a fraud “weapon.” A single control fraud can cause greater losses than all other forms of property crime combined. This article addresses the role of control fraud in financial crises. Financial...
Persistent link: https://www.econbiz.de/10013144767
The thesis of this article is that the unique nature of terrorist crime requires a tweaking of the entrapment rules. The entrapment defense is our legal system's primary mechanism for regulating government sting operations. I argue that sting operations and surveillance are conceptually distinct...
Persistent link: https://www.econbiz.de/10014051889
The Supreme Court decisions in Washington v. Glucksberg and Vacco v. Quill on the constitutionality of physician-assisted suicide leave much to be desired. Although this topic has been beaten to death in the literature, the vast majority of commentators have either missed the main point entirely...
Persistent link: https://www.econbiz.de/10014061411
This paper explores when extraterritorial application of national laws is an appropriate solution to global problems. As a case study, the paper analyzes enforcement of national anti-bribery legislation based on the Anti-Bribery Convention of the Organization for Economic Cooperation and...
Persistent link: https://www.econbiz.de/10012961318
Clinicians, ethicists and lawyers have long debated the parameters of triage in response to the inevitable disasters that sporadically overwhelm the health care system. Almost universally, they have advocated for open, transparent and consultative triage protocols, guidelines and legislation to...
Persistent link: https://www.econbiz.de/10013216058
This paper deals with the application of the principle of 'ne bis in idem' in EC antitrust enforcement. The principle of 'ne bis in idem', laid down in Article 4 of Protocol 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union,...
Persistent link: https://www.econbiz.de/10014211856