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18 U. Miami Inter-Am. L. Rev. 491 (1986-1987)
The Trial of the Argentine Junta: Responsibilities and Realities

handle is hein.journals/unmialr18 and id is 499 raw text is: THE TRIAL OF THE ARGENTINE JUNTA: RESPONSIBILITIES AND REALITIES PAULA K. SPECK* I. INTRODUCTION 492 II. HISTORICAL BACKGROUND 495 III. THE TRIAL AND THE OPINION 500 A. Pre-Trial Maneuvering 500 B. The Trial 502 C. The Opinion 504 1. Preliminary Questions 504 2. Governmental Responsibility 504 3. Evidence Linking the Junta with Subordi- nates' Actions 505 4. Affirmative Defenses 506 5. Command Responsibility 509 6. The Verdict 512 D. Subsequent Developments 513 * J.D. University of Texas Law School, 1986; Law Clerk to Judge Sam D. Johnson of the Fifth Circuit Court of Appeals. The author earned a Ph.D in Latin American literature from Yale University in 1978. The author wishes to thank Mary Speck, who worked as a reporter in Buenos Aires during the time of the trial, for providing this massive (several thousand page) opinion, as well as many newspaper clippings and valuable insights. Professor Guillermo Margadant, while visiting at the University of Texas Law School, provided an essential overview of the nature and structure of Latin American legal systems; this article derives from a paper originally written for his seminar in Latin American Law. The author spent several months in Argentina in 1976, doing research for a dissertation in 20th-century literature, and her assessment of the social and political atmosphere during the first months of the dirty war derives partly from this experience. Unless otherwise specified, all newspapers cited in this article are published in Buenos Aires, and all translations from Spanish or Portuguese into English are the work of the author.

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