| . |
Detlev Vagts's
Scholarly Papers
Click on the title of any column to sort the table by that
column. |
|
|
| |
|
|
Aggregate Statistics |
|
Total
Downloads
0 |
Total
Citations
0 |
|
|
|
|
|
1.
|
|
|
Detlev F. Vagts
Harvard Law School
|
| Posted: |
|
16 Jul 08
|
|
Last Revised:
|
|
16 Jul 08
|
|
0
(0)
|
|
|
| |
Abstract:
The article considers the advantages and disadvantages of trying terrorists before regular US civilian courts, before military tribunals, before courts outside the United States or before an international tribunal While civilian courts have problems with maintaining security and handling classified information, they possess a high degree of legitimacy. Military tribunals can be efficient in some ways, but their constitutional basis is questionable, depending largely on whether there is a 'war' going on. Foreign courts will occasionally have jurisdiction over persons captured in their territory, but some of them follow procedures that discredit them in the eyes of advanced states. The chances of an international criminal tribunal suitable for terrorist cases coming into existence in the near future do not seem good. The article concludes that, in most cases, the regular US courts will be preferable.
|
|
|
2.
|
|
|
Detlev F. Vagts
Harvard Law School
|
| Posted: |
|
01 Feb 01
|
|
Last Revised:
|
|
15 Mar 01
|
|
0
(0)
|
|
|
| |
Abstract:
This article explores the professional responsibility problems
arising from the increasing tendency of lawyers' work to cross national frontiers. It first describes persisting variations in the rules governing professional practice from country to country and the underlying differences between professions that give rise to such variations. Examples are drawn primarily from France and Germany. It then explores the ways in which such differences might be resolved. Those problems may appear either in the form of disciplinary proceedings or malpractice suits and the conflicts of law rules as to the two categories of cases appear to differ significantly.
|
|
