Digital Commons Network^™

Coming Together For Human Rights, Lance A. Compa

Lance A Compa

Trade unionists and human rights advocates started analysing antiunion tactics as violations of international human rights standards. They decided to reargue American labour law on a human rights foundation

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer

Thomas L. Shaffer

But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …

Did The Ancient Greeks Have A Concept Of Human Rights?, Anthony Preus

Anthony Preus

"Although there is no single word in the classical Greek that captures the sense that modern political thinkers give to the word "rights" as it is used in the phrase "human rights," classical Greek and Roman texts have a good deal to contribute to 21st-century discussions of human rights."

Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn

Sean Flynn

No abstract provided.

Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …

The Environmentalist Attack On Environmental Law, John Copeland Nagle

John Copeland Nagle

This essay reviews two books written by leading scholars that express profound dissatisfaction with the ability of environmental law to actually protect the environment. Mary Wood’s “Nature’s Trust: Environmental Law for a New Ecological Age” calls for “deep change in environmental law,” emphasizing the roles that agency issuance of permits to modify the environment and excessive deference to agency decisions play in ongoing environmental destruction. Wood proposes a “Nature’s Trust” built on the public trust doctrine to empower courts to play a much more aggressive role in overseeing environmental decisionmaking. In “Green Governance: Ecological Survival, Human Rights, and the Law …

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Richard W Garnett

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …

Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen

Peer Zumbansen

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …

Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen

Peer Zumbansen

This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining's identification of key problems of law in a global context (2009; 2012), the following paper adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on actors, norms, and processes. Second, the paper proposes case studies as a central methodological device to explore the nature, scope, and function of governance-both legal and nonlegal-in a global context. Through the …

Lochner Disembedded: The Anxieties Of Law In A Global Context, Peer Zumbansen

Peer Zumbansen

This paper explores, in an inevitably cursory manner, some of the main challenges facing a legal theory of transnational governance today. In part building on and responding to William Twining’s identification of key problems of law in a global context (2009, 2012), the following essay adopts a two-fold approach. One element is to suggest a conceptual architecture, which captures law in its transformational state through a focus on 'actors, norms, and processes.' Secondly, the essay proposes 'case studies' as a central methodological device to explore the nature, scope, function of governance – both legal but also non-legal governance – in …

Corporate Social Reporting Initiative - Report To Minister Of Finance, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Edward J. Waitzer

In response to a Private Member’s Resolution calling upon the Ontario Securities Commission to conduct a consultation on corporate social responsibility and environmental, social and governance reporting standards and to adopt an enhanced standardized reporting framework, the Hennick Centre for Business and Law and Jantzi-Sustainalytics undertook a multi-stakeholder consultation process in respect of requirements regarding corporate social disclosure standards. This report to the Minister of Finance reflects a synthesis of the views that emerged from that process. The recommendations herein complement those contained in the Commission’s report to the Minister of Finance, dated December 18, 2009 (regarding environmental and governance …

Corporate Social Performance: Reporting Roundtable, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Edward J. Waitzer

The purpose of this consultation (to take place in Toronto, Canada on December 7, 2009) is to elicit the views of informed stakeholders in a review of reporting and disclosure requirements under Ontario securities legislation for corporate “social” performance. In particular, the Consultation paper considers whether existing reporting and disclosure requirements on corporate social performance are adequate. If change is advisable, the question becomes what regulatory or other measures merit consideration. The Consultation is in response to a private member’s resolution introduced by the Honorable Laurel Broten (Etobicoke-Lakeshore), and passed unanimously by the Ontario Legislature (the “Resolution”). In part, the …

Corporate Social Performance: Reporting Roundtable, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Poonam Puri

The purpose of this consultation (to take place in Toronto, Canada on December 7, 2009) is to elicit the views of informed stakeholders in a review of reporting and disclosure requirements under Ontario securities legislation for corporate “social” performance. In particular, the Consultation paper considers whether existing reporting and disclosure requirements on corporate social performance are adequate. If change is advisable, the question becomes what regulatory or other measures merit consideration. The Consultation is in response to a private member’s resolution introduced by the Honorable Laurel Broten (Etobicoke-Lakeshore), and passed unanimously by the Ontario Legislature (the “Resolution”). In part, the …

Corporate Social Reporting Initiative - Report To Minister Of Finance, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Poonam Puri

In response to a Private Member’s Resolution calling upon the Ontario Securities Commission to conduct a consultation on corporate social responsibility and environmental, social and governance reporting standards and to adopt an enhanced standardized reporting framework, the Hennick Centre for Business and Law and Jantzi-Sustainalytics undertook a multi-stakeholder consultation process in respect of requirements regarding corporate social disclosure standards. This report to the Minister of Finance reflects a synthesis of the views that emerged from that process. The recommendations herein complement those contained in the Commission’s report to the Minister of Finance, dated December 18, 2009 (regarding environmental and governance …

Autonomy, Standing, And Children's Rights, Stephen R. Arnott

Stephen Arnott

No abstract provided.

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Lisa Avalos

Trademark Cosmopolitanism, Sonia K. Katyal

Sonia Katyal

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Tawia B. Ansah

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury

Cyra A. Choudhury

No abstract provided.

Standing And Collective Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of …

The Environmental Justice Implications Of Biofuels, Carmen G. Gonzalez

Carmen G. Gonzalez

Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Donald J. Kochan