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Articles 1 - 17 of 17

Full-Text Articles in Law

A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al Dec 2003

A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al

Abu Noman Mohammad Atahar Ali

Contributed articles; with reference to political and social history of Bihari (South Asian people) of Bangladesh


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Family Unity, Kathryn Jastram Jan 2003

Family Unity, Kathryn Jastram

Kate Jastram

No abstract provided.


Family Unity And Refugee Protection, Kathryn Jastram Jan 2003

Family Unity And Refugee Protection, Kathryn Jastram

Kate Jastram

No abstract provided.


The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto Jan 2003

The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages of history. The Rwandan genocide merits distinction primarily because of its shocking efficiency, its scale and its proportional dimensions among the victim population. The Security Council's resolution establishing the ICTR articulates a set of decisions, assumptions, wishes, and objectives. Primarily, the States that voted in favour of the creation of the ICTR indicated that the root of the problem was individual violations of international criminal law. Only one State that voted for the resolution did not equate ipso facto ICTR actions with justice. That State …


Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto Jan 2003

Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The issues that the Article tackles are obviously complex and lengthy, however the Article has as its modest goal the exploration of the general arguments that the use of force to counter terrorism raises under the UN Charter regime on the use of force. In Part II, the Article gives an overview of the UN and terrorism noting the ambivalence in addressing the issue that has contributed to the confusion over a precise definition in large part reflective of the basic disagreement over the elements of terrorism itself. Part II then adopts a definition for the purposes of this Article. …


. Countenancing The Oppression Of Women: How Liberals Tolerate Religious And Cultural Practices That Discriminate Against Women, Gila Stopler Jan 2003

. Countenancing The Oppression Of Women: How Liberals Tolerate Religious And Cultural Practices That Discriminate Against Women, Gila Stopler

Gila Stopler

In recent years the notion that religious and cultural practices should be accommodated even at the cost of relinquishing the protection of women’s rights has been gaining prominence and many abuses of women’s rights have been dismissed as justified and inevitable. In this article I argue that the accommodation of religious and cultural practices that discriminate against women is misguided and unjust. While religious and cultural practices can no longer serve as justification for discrimination on the basis of race, ethnicity and religion they still serve as the most prevalent justification for sex discrimination. The article analyzes this discrepancy, as …


Análisis Jurídicos De La Discriminación Y Relaciones Laborales En Chile, Pablo Contreras Jan 2003

Análisis Jurídicos De La Discriminación Y Relaciones Laborales En Chile, Pablo Contreras

Pablo Contreras

No abstract provided.


Two Conceptions Of Relevance, Jonathan Yovel Jan 2003

Two Conceptions Of Relevance, Jonathan Yovel

Jonathan Yovel

Courts use complex modes of relevance judgments in regulating the introduction of information and construction of factual narratives; likewise, common law works both through and around relevance presuppositions in determining doctrine. This study examines different functions of relevance - conceived as different conceptions, at times competing, at times interdependent. The distinctions between these conceptions are arranged on three levels: 1) a normative/"causal" level, arguing for the status of relevance as a requirement for a "meaning-based" conception of entailment and drawing on discussions from relevance logic (RL) and modal logic; 2) a pragmatic/metapragmatic level that explores the ways in which law's …


Functional Democracy: Responding To Failures Of Accountability, Molly K. Land Dec 2002

Functional Democracy: Responding To Failures Of Accountability, Molly K. Land

Molly K. Land

No abstract provided.


A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau Dec 2002

A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau

Vincent D. Rougeau

The current deterioration of the American economy is bringing new attention to the problem of poverty in the United States. After falling over the last few years, the number of Americans living in poverty has begun to rise once again. Notwithstanding the achievements of recent "welfare reforms," the American poor continue to be numerous by any measure. Unfortunately, decades of affluence have exacerbated American tendencies to view liberal concepts such as freedom, autonomy, tolerance, and choice in ways that accentuate personal autonomy over community integration. These liberal values have been increasingly unhinged from strong countervailing principles like duty and responsibility, …


Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni Dec 2002

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.


Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto Dec 2002

Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …


Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Dec 2002

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

Bartram Brown

No abstract provided.


"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom Dec 2002

"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Family Unity And Refugee Protection, Kate Jastram Dec 2002

Family Unity And Refugee Protection, Kate Jastram

Kate Jastram

No abstract provided.


Family Unity, Kate Jastram Dec 2002

Family Unity, Kate Jastram

Kate Jastram

No abstract provided.