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Fact-Finding without Facts

2010-07-30 Law
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Release : 2010-07-30
Genre : Law
Kind : eBook
Book Rating : 712/5 ( reviews)

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Book Synopsis Fact-Finding without Facts by : Nancy A. Combs

Download or read book Fact-Finding without Facts written by Nancy A. Combs. This book was released on 2010-07-30. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

The Transformation of Human Rights Fact-finding

2016 Law
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Release : 2016
Genre : Law
Kind : eBook
Book Rating : 492/5 ( reviews)

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Book Synopsis The Transformation of Human Rights Fact-finding by : Philip Alston

Download or read book The Transformation of Human Rights Fact-finding written by Philip Alston. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

The Neuropsychology Fact-finding Casebook

2017 Medical
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Release : 2017
Genre : Medical
Kind : eBook
Book Rating : 604/5 ( reviews)

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Book Synopsis The Neuropsychology Fact-finding Casebook by : Kirk J. Stucky

Download or read book The Neuropsychology Fact-finding Casebook written by Kirk J. Stucky. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: Use of a structured fact-finding approach that is based on sound clinical judgment and applied flexibility facilitates good clinical decision making and patient care in neuropsychology. This Casebook is a standardized approach to fact-finding that training programs at various levels can use to help trainees develop significant evaluation skills such as case conceptualization, differential diagnosis, and recommendations for patients with a wide range of presenting problems.

Refugee Law's Fact-Finding Crisis

2018-05-10 Law
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Release : 2018-05-10
Genre : Law
Kind : eBook
Book Rating : 073/5 ( reviews)

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Book Synopsis Refugee Law's Fact-Finding Crisis by : Hilary Evans Cameron

Download or read book Refugee Law's Fact-Finding Crisis written by Hilary Evans Cameron. This book was released on 2018-05-10. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.

Fact-Finding before the International Court of Justice

2016-09-29 Law
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Release : 2016-09-29
Genre : Law
Kind : eBook
Book Rating : 896/5 ( reviews)

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Book Synopsis Fact-Finding before the International Court of Justice by : James Gerard Devaney

Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney. This book was released on 2016-09-29. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

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