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Full-Text Articles in Law
The Truth Behind Gitmo, Scott Horton
The Truth Behind Gitmo, Scott Horton
Pace International Law Review Online Companion
No abstract provided.
“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy
“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy
Pace International Law Review Online Companion
This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards …
Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell
Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell
Pace International Law Review Online Companion
No abstract provided.
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
Pace International Law Review Online Companion
The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have shown …
Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen
Pace International Law Review Online Companion
No abstract provided.
Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Pace International Law Review Online Companion
This paper explores why that incompatibility between Islam and international criminal law persists and considers recommendations for mitigating that dynamic. Why is this important? Primarily because the Western-influenced international criminal law apparatus and the Muslim world are likely to collide more often in the future. If a war crimes tribunal is established in Afghanistan, or if the trial of Syrian agents for the assassination of Lebanon’s former prime minister goes forward, it is imperative that Islamic societies touched by those processes feel a sense of “buy-in” or participation that is meaningful for them. Otherwise, it becomes the same old story …
Climate Change Displacement To Refuge, Elizabeth Burleson
Climate Change Displacement To Refuge, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Review Of Defending Humanity: When Force Is Justified And Why By George P. Fletcher And Jens David Ohlin, Alexander K.A. Greenawalt
Review Of Defending Humanity: When Force Is Justified And Why By George P. Fletcher And Jens David Ohlin, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire. My own work looks at how the state regulates gender in the “public” sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of universalist constitutionalism and equality. My current work, Unsex CEDAW: What's Wrong with Women's …