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Full-Text Articles in Law

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider Dec 2018

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What ...


A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller Dec 2018

A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller

Fordham Law Review

DEAN MATTHEW DILLER: This year we are leading up to our celebration of 100 Years of Women at Fordham Law School. In September 1918, the Fordham Law faculty voted to admit women, and we are planning to celebrate that in style. But tonight perhaps is a bit of a teaser for that. Justice Rosalie Silberman Abella is a woman of firsts. She is the first Jewish woman to sit on the bench of the Supreme Court of Canada, and before the Supreme Court, when she was appointed to the Ontario Family Court in 1976, she became the first Jewish woman ...


Justice For All? Protecting The Public Interest In Investment Treaties, Alessandra Arcuri, Francesco Montanaro Nov 2018

Justice For All? Protecting The Public Interest In Investment Treaties, Alessandra Arcuri, Francesco Montanaro

Boston College Law Review

Investment arbitration has come increasingly under fire because of its design flaws. There is an emerging consensus that investment treaty arbitration not only falls short of ensuring a sufficient degree of transparency of arbitral proceedings and impartiality of arbitrators, but also that its institutional architecture is unjustifiably asymmetric, entrusting foreign investors with significant rights while no protection is afforded to the host states’ constituencies. In response to these criticisms, several states have attempted in recent years to reform the rules governing investor-state arbitration. A perusal of recently concluded international investment agreements, however, reveals that the reform efforts so far have ...


I Wanna Design For Somebody (Who Needs Me): The Intersection Of Humanitarian Engineering, Choice-Of-Law, And Technology Transfer In Kenya, Sean Patrick Mcginley Nov 2018

I Wanna Design For Somebody (Who Needs Me): The Intersection Of Humanitarian Engineering, Choice-Of-Law, And Technology Transfer In Kenya, Sean Patrick Mcginley

Boston College Law Review

A significant technology gap exists between developed and developing countries. Though developing countries have started to self-innovate, they do not possess adequate means to fulfill their right to develop, which the UN recognizes as an essential human right. For developing countries to exercise this right, developed countries must transfer technology. Humanitarian engineers have confronted this challenge without any international guidance or regulation, as no uniform system for international technology transfer agreements exists. To remedy this inadequacy, scholars have proposed the characteristic approach, which suggests that the contents of the contract, rather than the parties’ locations, should control the choice of ...


The Circuit Split On Mens Rea For Aiding And Abetting Liability Under The Alien Tort Statute, Srish Khakurel Nov 2018

The Circuit Split On Mens Rea For Aiding And Abetting Liability Under The Alien Tort Statute, Srish Khakurel

Boston College Law Review

For decades since the Second Circuit Court of Appeals’ landmark decision in Filartiga v. Pena-Irala, the Alien Tort Statute has provided tools for human rights litigation in American federal courts. Nevertheless, after some controversial decisions by the U.S. Supreme Court and the Second Circuit in recent years, the scope of liability under the statute has diminished and the future of ATS human rights litigation is uncertain. In this context, one of the key issues is the level of culpability required for a defendant to be liable for assisting the human rights breaches of a third party. Specifically, the issue ...


Property Rights As Human Rights In International Investment Arbitration: A Critical Approach, Enrique Boone Barrera Nov 2018

Property Rights As Human Rights In International Investment Arbitration: A Critical Approach, Enrique Boone Barrera

Boston College Law Review

The treaty-based regime of investment protection is said to protect the property rights of foreign investors. Arbitral tribunals are usually tasked with settling investment disputes using principles of international law, some of which refer to the doctrine of protection of aliens. These features have led some commentators to compare the protection of foreign investment with the protection of property rights by human rights instruments and courts. This Essay provides a critical perspective on the relationship between these two systems. The Essay re-examines the widespread assumptions that underlie efforts to find parallels between human rights and foreign investment protection. The analysis ...


Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Cheek M.S., Lindsey Peterson Phd Nov 2018

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Cheek M.S., Lindsey Peterson Phd

Societies Without Borders

No abstract provided.


Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg Phd Nov 2018

Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg Phd

Societies Without Borders

This article investigates the contribution of International Non-Governmental Organizations to the social construction of knowledge about episodes of mass violence. The focus is on the dynamics between global and national forces, explored through a case study of Amnesty International and the mass violence that unfolded in the Darfur region of Sudan during the first decade of the 21st century. Interviews with Amnesty staff and volunteers, supplemented by an examination of Amnesty websites, suggest that the organization succeeds in generating a relatively unified representation, reflective of its goal to promote human rights, but that it can succeed only by granting leeway ...


Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd Nov 2018

Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler Phd, Pamela Irving Jackson Phd

Societies Without Borders

In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the ...


Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda Phd Nov 2018

Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda Phd

Societies Without Borders

There exists a well-documented tendency among citizens to perceive immigrant populations as much larger than indicated by official statistics. This misperception has been linked to desires to halt the flow of immigration or restrict immigrants’ rights, raising concern about the consequences of pervasive faulty information. However, ignorance extends beyond questions of population size. There are also many qualitative misperceptions upon which individuals base their opinions about foreigners. In particular, citizens are likely to hold incorrect perceptions about the legal status of the typical immigrant (i.e., documented vs undocumented). The current study takes a unique approach by simultaneously examining both ...


Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki Phd Nov 2018

Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki Phd

Societies Without Borders

With a declining birth rate and aging population, Japan needs to open the door to immigrants to maintain its workforce. “Multicultural Coexistence,” or “tabunka-kyosei” in Japanese, is commonly used to describe the relationship between Japanese people and foreign nationals in Japan. Unfortunately, the definition of the term is unclear. This study defines multicultural coexistence based on two conceptions, namely “willingness for communication” and “support for or opposition to the equality of rights.” The analyses are based on quantitative data of a sample of 1,823 Japanese persons and 292 foreign national persons (immigrants) living in the industrial city of Tokyo ...


Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler Phd, Hiromi Ishizawa Phd Nov 2018

Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler Phd, Hiromi Ishizawa Phd

Societies Without Borders

Prior research suggests that immigrants in the U.S. are less likely to civically engage than the native-born, but few studies have systematically examined whether levels of expressive engagement differ by immigrant generational status – particularly in the case of contacting a public official and boycotting or buycotting products for political or social reasons. Using the Current Population Survey, November 2011 and 2013 Civic Engagement Supplements, this study examines whether these forms of expressive engagement differ across immigrant generational status, and by race and ethnicity within immigrant generations. In accord with classical assimilation theory, the findings show that the first generation ...


Social Inclusion In A Context Of Global Migration - Introduction, Loretta E. Bass Phd Nov 2018

Social Inclusion In A Context Of Global Migration - Introduction, Loretta E. Bass Phd

Societies Without Borders

No abstract provided.


Struggles Over Universal Human Rights, Brian K. Gran Phd Nov 2018

Struggles Over Universal Human Rights, Brian K. Gran Phd

Societies Without Borders

No abstract provided.


Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj Nov 2018

Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj

Violence Against Women conference

Documentation of life under militarization has mostly been done by “men writing about men.” The need to have a gendered perspective of conflict and war was only recently introduced in the academic discourse after the collective violence against the women of Bosnia and Rwanda in the 1990s was given the attention it deserved by the international media. In Kashmir, women are subjected to violence through physical, sexual, and mental harassments. The very nature of the conflict has pushed Kashmiri women to the wall, putting the burden of violence on their shoulders. Women face physical and sexual assault at checkpoints, during ...


A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne Nov 2018

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals ...


“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann Nov 2018

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.


The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz Nov 2018

The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz

Washington and Lee Law Review

No abstract provided.


Approaches To Justice, Katie Pleiss Nov 2018

Approaches To Justice, Katie Pleiss

Georgia Undergraduate Research Conference (GURC)

Approaches to Justice

How do we seek justice in this country? What issues surround incarceration? How are the effects of mass incarceration felt in local communities? I am currently addressing these research questions, among others, as I engage with the criminal justice system through my year-long research at Emory’s Oxford College and in prisons and with nonprofits throughout Georgia. I am reading and evaluating texts centering around theories of incarceration, the death penalty, and criminal justice reform, including Bryan Stevenson’s Just Mercyand Michelle Alexander’s New Jim Crow. I also interned with The Georgia Innocence Project this ...


An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez Oct 2018

An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez

Carmen G. Gonzalez


This chapter examines the global environmental justice and energy justice implications of the laws and policies of the United States and the European Union that promote the production and consumption of biofuels. Replacing fossil fuels with biofuels derived from renewable organic matter has been advocated as a means of mitigating climate change, achieving energy security, and fostering economic development in the countries that cultivate the crops used as biofuel feedstocks.  Regrettably, the growing demand for biofuels in the Global North has produced significant harm in the Global South—ravaging local ecosystems, depressing food production, and depriving vulnerable communities of access ...


Energy Justice: Us And International Perspectives, Carmen G. Gonzalez, Elizabeth A. Kronk Warner, Raya C. Salter Oct 2018

Energy Justice: Us And International Perspectives, Carmen G. Gonzalez, Elizabeth A. Kronk Warner, Raya C. Salter

Carmen G. Gonzalez


Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems ...


U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte Oct 2018

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump ...


The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano Oct 2018

The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano

University of Miami Law Review

Like toilet paper, menstrual hygiene products, such as tampons and pads, are necessities for managing natural and unavoidable bodily functions. However, menstrual hygiene products widely receive separate treatment in restrooms across the globe. While it would be absurd today to carry a roll of toilet paper at all times, it is considered necessary and common sense for all menstruators to carry menstrual hygiene products at all times, for approximately forty years, in case of an emergency. This is the “Bring Your Own Tampon” (“BYOT”) policy and it is a violation of human rights and equal protection.

This Note seeks to ...


Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare Oct 2018

Freedom Of Research And The Right To Science: From Theory To Advocacy, Andrea Boggio, Romano P.R. Cesare

History and Social Sciences Faculty Journal Articles

While international law recognizes a human right to science, the binding normative content of this right needs to be better clarified and specified. To advance our understanding of this understudied right, this chapter offers a theoretical analysis of ways in which the right to science can be realized. The chapter is divided in three sections: the first section discusses the recognition of the right to science under international and regional legal instruments; the second presents a literature review; and the third discusses how judicial and political mobilisation as paths to contribute to our understating of this right and defining its ...


Resolute Advocacy, The Notwithstanding Clause, And Counsel’S Conundrum: A Note On Toronto (City) V Ontario (Attorney General), Andrew Flavelle Martin Oct 2018

Resolute Advocacy, The Notwithstanding Clause, And Counsel’S Conundrum: A Note On Toronto (City) V Ontario (Attorney General), Andrew Flavelle Martin

Faculty Publications

A lawyer’s duties to the client must be balanced against, among other things, his or her duties to the court. There are some instructions that counsel should not follow. In Toronto (City) v Ontario (Attorney General), counsel for Ontario followed problematic instructions that I argue he should have refused. Ontario, while seeking leave pending appeal from a decision striking down legislation as an unjustifiable infringement of the Canadian Charter of Rights and Freedoms, had begun the process of passing a corresponding bill that invoked the Charter’s notwithstanding clause or override. During the stay hearing, counsel for Ontario stated ...


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman Oct 2018

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia Oct 2018

Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia

Seattle University Law Review

This Comment explores the current constitutional discourse of sanctuary laws and compares their various components. Part I provides background on the basic policy components of sanctuary laws and modern policies. Part II explores and compares the substantive legal and political value of sanctuary laws. This section will first assess the impact of sanctuary policies on existing immigration and constitutional law. In doing so, specific sanctuary jurisdictions involved in litigation, Seattle, San Francisco, and Chicago, and their likelihood of withstanding preemption under existing doctrine will be compared. The impact sanctuary laws may have on the Tenth Amendment will next be discussed ...