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Articles 31 - 49 of 49
Full-Text Articles in Law
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.
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.
Israel's Example, Sadiq Reza
Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel
Transitional Justice Genealogy (Symposium: Human Rights In Transition), Ruti G. Teitel
Articles & Chapters
No abstract provided.
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
Articles & Chapters
As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …
Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews
Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews
Articles & Chapters
South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Articles & Chapters
This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …
Square Wheels: U.S. Pass-Through Taxation Of Privately Held Enterprises In A Comparative Law Context, Ann F. Thomas
Square Wheels: U.S. Pass-Through Taxation Of Privately Held Enterprises In A Comparative Law Context, Ann F. Thomas
Articles & Chapters
No abstract provided.
Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel
Articles & Chapters
No abstract provided.
European Integration: Beyond 1992, Lloyd Bonfield
European Integration: Beyond 1992, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Legal Text And Lawyers’ Culture In South Africa, Stephen Ellmann
Legal Text And Lawyers’ Culture In South Africa, Stephen Ellmann
Articles & Chapters
No abstract provided.
Viet Nam's First Modern Penal Code, John Quigley
Viet Nam's First Modern Penal Code, John Quigley
NYLS Journal of International and Comparative Law
No abstract provided.
Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando
Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando
NYLS Journal of International and Comparative Law
Translated by B.J. GEORGE, JR
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …
Introduction, Joseph M. Kelly
Introduction, Joseph M. Kelly
NYLS Journal of International and Comparative Law
No abstract provided.
Let It Bleed: The Federal Preemption Doctrine And The Sale Of Blood Plasma, Michael L. Perlin
Let It Bleed: The Federal Preemption Doctrine And The Sale Of Blood Plasma, Michael L. Perlin
Other Publications
No abstract provided.