Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- South Africa (10)
- Comparative Law (4)
- Transitional justice (4)
- Comparative law (3)
- Constitutionalism (3)
-
- Courts (3)
- Gender (3)
- Human rights (3)
- Islam (3)
- Sharia (3)
- Violence against women (3)
- Constitution-making (2)
- International human rights law (2)
- Iraq (2)
- Liberation (2)
- Race (2)
- Religion (2)
- Women (2)
- Women's rights (2)
- AIG (1)
- Administration of justice (1)
- Administrative Agencies (1)
- Admitting (1)
- Afghanistan (1)
- Aids (1)
- Apartheid (1)
- Approach (1)
- Australia (1)
- Authority (1)
- BDA (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Law
America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel
America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel
Other Publications
No abstract provided.
See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo
See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.
To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …
An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Articles & Chapters
New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …
Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher
Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher
Articles & Chapters
The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.
We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance …
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Articles & Chapters
During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Articles & Chapters
This article describes the founding and evolution of a “Thai-style” NGO dedicated to consumer protection. Through a description of the NGO and the career of its founder, the article brings to light features of the evolution of NGO based advocacy in Thailand from the student uprising in 1973 to the present. The legacy of the 1973 October Generation of activists continues to influence development of NGOs but new emphasis on rights has emerged since the era of constitutional reform in the 1990s. Many NGOs now make use of litigation to attempt to achieve social change, but litigation, like other long-standing …
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Articles & Chapters
This article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. …
Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes
Rumors Of The Sharia Threat Are Greatly Exaggerated: What American Judges Really Do With Islamic Family Law In Their Courtrooms, Asifa Quraishi-Landes
NYLS Law Review
No abstract provided.
Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde
Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde
NYLS Law Review
No abstract provided.
Sharia-Compliant Wills: Principles, Recognition, And Enforcement, Omar T. Mohammedi
Sharia-Compliant Wills: Principles, Recognition, And Enforcement, Omar T. Mohammedi
NYLS Law Review
No abstract provided.
What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin
What Directors Do (And Fail To Do): Some Comparative Notes On Board Structure And Corporate Governance, Simon Deakin
NYLS Law Review
No abstract provided.
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
NYLS Law Review
No abstract provided.
Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel
Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel
Other Publications
No abstract provided.
Guilty By Association? Regulating Credit Default Swaps, Houman B. Shadab
Guilty By Association? Regulating Credit Default Swaps, Houman B. Shadab
Articles & Chapters
A wide range of U.S. policymakers initiated a series of actions in 2008 and 2009 to bring greater regulation and oversight to credit default swaps (CDSs) and other over-the-counter derivatives. The policymakers’ stated motivations echoed widely expressed criticisms of the regulation, characteristics, and practices of the CDS market, and focused on the risks of the instruments and the lack of public transparency over their utilization and execution. Certainly, the misuse of certain CDSs enabled mortgage-related security risk to become overconcentrated in some financial institutions.
Yet as the analysis in this Article suggests, failing to distinguish between CDS derivatives and the …
The Constitutional Duties Of The People, Stephen J. Ellmann
The Constitutional Duties Of The People, Stephen J. Ellmann
Other Publications
NOW WITHOUT HESITATION
WEDNESDAY, AUGUST 5, 2009 The constitutional duties of the people
This post originally appeared on http://nowwithouthesitation.blogspot.com/2009/08/constitutional-duties-of-people.html
Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope Andrews
Who's Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa, Penelope Andrews
Articles & Chapters
South Africa's post-apartheid constitution has been widely admired and constantly referenced by international scholars, and especially international human rights scholars, for its comprehensive embrace of gender equality. But the commitment to gender equality has been tested by other liberatory discourses, including African nationalism and cultural and religious autonomy. This Article examines the evolution of South African legislation and constitutional jurisprudence in the face of competing imperatives, for example, between equality, legal pluralism, customary law/religious law, and the recognition of polygamy. In particular, it focuses on the Recognition of Customary Marriages Act, a statute that purports to regulate customary marriages, including …
Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel
Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel
Articles & Chapters
No abstract provided.
International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin
International Human Rights And Comparative Mental Disability Law: The Universal Factors, Michael L. Perlin
Articles & Chapters
An examination of comparative mental disability law reveals that there are at least five dominant, universal, core factors that must be considered carefully in any evaluation of the key question of whether international human rights standards have been violated. Each of these five factors is a reflection of the shame that the worldwide state of mental disability law brings to all of us who work in this field. Each is tainted by the pervasive corruption of sanism that permeates all of mental disability law. Each reflects a blinding pretextuality that contaminates legal practice in this area.
These are the factors …
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
Other Publications
No abstract provided.
Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman
Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman
NYLS Law Review
No abstract provided.
Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza
Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza
Articles & Chapters
This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching …
The Making Of A Constitution In Afghanistan, J. Alexander Thier
The Making Of A Constitution In Afghanistan, J. Alexander Thier
NYLS Law Review
No abstract provided.
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
NYLS Law Review
No abstract provided.
The Role Of International Law In Post-Conflict Constitution-Making: Toward A Jus Post Bellum For “Interim Occupations”, Jean L. Cohen
The Role Of International Law In Post-Conflict Constitution-Making: Toward A Jus Post Bellum For “Interim Occupations”, Jean L. Cohen
NYLS Law Review
No abstract provided.
Introduction, Ruti Teitel
Post-Sovereign Constitution-Making And Its Pathology In Iraq, Andrew Arato
Post-Sovereign Constitution-Making And Its Pathology In Iraq, Andrew Arato
NYLS Law Review
No abstract provided.
Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield
Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield
Other Publications
No abstract provided.
Perspectives On Brown: The South African Experience, Penelope Andrews
Perspectives On Brown: The South African Experience, Penelope Andrews
Articles & Chapters
In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …
Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews
Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews
Articles & Chapters
No abstract provided.