JURIST

JUNE 23, 2021

” The panel recommends adding “(e) the crime of Ecocide” to Article 5(1) of the Rome Statute with the following definition: Article 8 ter. Any of the 123 member states of the ICC can propose the panel’s recommendations as an amendment to Rome Statute.

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JURIST

APRIL 21, 2024

That statute criminalizes “the unlawful killing of a human being without malice … in the commission of a lawful act which might product death, in an unlawful manner, or without due caution and circumspection.”

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SCOTUSBlog

MARCH 24, 2023

1324(a)(1)(iv) , the federal law that criminalizes “encouraging or inducing unlawful immigration,” violates the First Amendment’s guarantee of free of speech. As the government observes, many ordinary criminal laws — such as those barring conspiracy, incitement, and solicitation — criminalize speech.

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JURIST

MARCH 13, 2024

According to the bill, the continuation of open trials for war crimes and crimes against humanity, when such trials began before the entry into force of the Rome Statute (2002) and the Convention on the Imprescriptibility of Crimes of War and Crimes against Humanity (2003), is contrary to the principle of non-retroactivity in criminal law.

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HowAppealing

APRIL 20, 2021

Court of Appeals for the Ninth Circuit issued this decision overturning the conviction, holding that federal prosecutors had improperly “assimilated into federal criminal law Oregon’s unlawful use of a weapon statute” to apply to a a road rage incident on a highway in the Warm Springs Indian Reservation in central Oregon.

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JURIST

FEBRUARY 18, 2022

Although the request was submitted in accordance with Article 15 of the Rome Statute and Syria is not a State Party to the Rome Statute, jurisdiction over the alleged crimes can still be considered because the victims were forced into Jordan, a country that is a State Party to the Rome Statute.

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JURIST

NOVEMBER 26, 2021

In 2016, the Trial Chamber of the ICC convicted Al Mahdi as a co-perpetrator under Articles 8(2)(e)(iv), 25(3)(a) and 65(2) of the Rome Statute of the ICC for attacking ten “protected objects” buildings of a religious and historical character in June and July 2012.

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JURIST

SEPTEMBER 11, 2021

The US Court of Appeals for the Sixth Circuit on Friday blocked a Tennessee law that outlawed abortions based on certain reasons, such as a prenatal diagnosis of Down Syndrome or the race or gender of the fetus. A lower court previously blocked the six-week abortion ban hours after it was signed into law.

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JURIST

MARCH 5, 2024

According to a Court announcement, Sergei Kobylash, a Lieutenant General in the Russian Armed Forces, and Viktor Sokolov, a Navy Admiral, are accused of having ordered attacks on civilian objects and of having caused excessive incidental civilian harm, in violation of Article 8 of the Rome Statute. 2022 and Mar.

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JURIST

MAY 9, 2022

Law students and young lawyers in Ukraine are filing for JURIST on developments and legal issues arising as the country defends itself against Russian invasion. ’ According to Article 86 of the Rome Statute, states must ‘cooperate fully with the Court in its investigation and prosecution of crimes within the Court’s jurisdiction’.

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Broadcast Law Blog

MARCH 21, 2017

The Georgia Supreme Court this week issued a decision holding that the streaming of pre-1972 sound recordings by iHeart Media does not violate the state’s criminal statutes against the “transfer” of recorded sounds without the permission of the owner of the master recording.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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Law 360

JUNE 6, 2021

When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v.

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JURIST

OCTOBER 13, 2021

AllRise claims that the Bolsonaro administration has directly and negatively affected climate change, arguing they “systematically remove[d], neuter[ed], and eviscerate[d] law agencies and individuals that serve to protect the Amazon.” The Rome Statute lays out the “crimes against humanity” for which the ICC is its sole adjudicator.

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JURIST

APRIL 20, 2022

McDonough , the Court is considering the meaning of “clear and unmistakable error” in a statute, and whether the Depart of Veterans Affairs (VA) improperly interpreted the statute when denying veteran benefits. United States , the Court is considering the interpretation of criminal law and federal civil procedure rules.

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The Crime Report

OCTOBER 5, 2021

That’s a lesson worth applying to current strategies addressing the epidemic of gun violence, writes Benjamin Levin , an Associate Professor of Law at the University of Colorado Law School. Levin acknowledges there are key differences in enforcing laws related to guns and drugs. How Should We Regulate ‘Dangerous Products’?

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The Crime Report

JUNE 27, 2022

For the sake of civilian safety, police must intervene if they see misconduct by colleagues,, according to a forthcoming paper in the George Washington Law Review. Describing three Minneapolis officers who watched their colleague Derek Chauvin murder George Floyd as a deadly case of “police bystanderism,” University of Houston Law Prof.

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JURIST

AUGUST 28, 2021

In the decision, the pre-trial chamber found that the purpose of the hearing under the said rule was majorly to evaluate the detained person’s well-being and the conditions at the detention center, rather than to determine the lawfulness of continued detention. This formed the crux of the appeal.

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JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Putting that concern aside, I have serious free speech concerns over the reach of these laws. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad.

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Paralegal Bootcamp

OCTOBER 16, 2023

The courses in legal research and writing equipped me with the ability to efficiently locate and analyze relevant statutes, regulations, and case law. Understanding Legal Procedures I was exposed to multiple areas of law such as Civil Litigation, Criminal Law, Business law, etc.,

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JURIST

SEPTEMBER 17, 2021

Based on the current facts, they stated that the “war on drugs” campaign was not a legitimate law enforcement operation. The judges further stated that the ICC retained jurisdiction for alleged crimes that occurred while the Philippines was a member of the ICC and bound by the Rome Statute.

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SCOTUSBlog

MARCH 25, 2022

Share The Supreme Court is poised to decide yet another case involving one of the many federal statutes that govern the nation’s railroads and railworkers. Union Pacific also emphasizes several ways in which LeDure’s broad reading would “break the statute.” The court will hear argument on Monday in LeDure v.

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JURIST

FEBRUARY 9, 2021

.” The opinion concludes that “[t]here is evidence of crimes against humanity being committed against the Uyghur population” for the purposes of Article 7 of the Rome Statute of the International Criminal Court (the Rome Statute).

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JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. It is also hard to instruct a jury on an ambiguous statute.

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JURIST

JUNE 9, 2021

, commander of the Main Staff of the Bosnian Serb Army from May 12, 1992, until at least November 8, 1996, was convicted of 10 counts of genocide, crimes against humanity, and violations of the laws and customs of war by ICTY’s Trial Chamber I in 2017.

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JURIST

SEPTEMBER 28, 2021

The ICC prosecutor’s office did defer the investigation, as required by the Rome Statute , but continued to work closely with Afghan authorities with a view of “sharing the burden of the investigation.” However, the government of Afghanistan at that time had asked his office to defer the investigation to them.

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JURIST

AUGUST 14, 2023

Indian law students are reporting for JURIST on law-related developments in and affecting India. This dispatch is from Samar Veer, a third-year law student at National Law University, Delhi. As of now, the Bills have been sent to a Parliamentary Standing Committee for review.

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R. 3d 774 (7th Cir. 2011), here , and United States v.

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JURIST

AUGUST 10, 2021

Given the inability of the justice system in Brazil to investigate, prosecute and judge these conducts, we denounce them to the international community, throughout the International Criminal Court.”

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Conflict of Laws

JUNE 17, 2022

This is a guest post by Izaak Weaver-Herrera, JD student at the University of Pittsburgh School of Law. Similarly, the Court found that “international tribunal” under the statute more naturally referred to tribunals between nations, rather than arbitral panels composed of or adjudicating issues between nationals of different States.

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Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. In his paper on “Compensation, Punishment, and the Idea of Private Law”, Lukas Rademacher (University of Kiel) explained the idea of punitive damages and its compatibility with German private law.

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At the Lectern

JANUARY 3, 2021

to settle an important question of law.” The contested legality of a statute making a significant change to the state’s criminal law, that’s certainly “an important question of law.” A frequently invoked ground for Supreme Court review of a case is when it is “necessary.

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SCOTUSBlog

DECEMBER 6, 2021

The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. § law firm in 2019.

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SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Those decisions concerned conduct ranging from wire and computer fraud to tax violations. Cuker Interactive, LLC v. Pillsbury Winthrop Shaw Pittman, LLP. McCutchen v. United States.

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The Crime Report

APRIL 8, 2022

We also have a much higher rate of plea bargain cases than the rest of the world: almost 20 percent higher than just about any other common law country. However, after the industrial revolution [and the rise of] the English working classes, there just weren’t enough police to keep whacking people over the head with the criminal law.

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JURIST

APRIL 2, 2022

It was the first time a referral had come to the ICC from a group of state parties to the Rome Statute concerning the situation in the territory of another state party. The referring countries were Canada, Argentina, Chile, Colombia, Paraguay, and Peru.

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SCOTUSBlog

MAY 23, 2022

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. In my oral argument recap , I discussed how several of the conservative justices seemed genuinely to struggle with that question.

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