Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Solving The Settlement Puzzle In Human Rights Litigation, William J. Aceves
Solving The Settlement Puzzle In Human Rights Litigation, William J. Aceves
Faculty Scholarship
In human rights litigation, there are no formal standards to guide lawyers and their clients when they are considering whether to settle a case. Moreover, there is a paucity of published data on human rights settlements. This Article provides a quantitative assessment of recorded settlements in human rights cases litigated under the Alien Tort Statute and Torture Victim Protection Act. It examines both confidential and public settlements. It then considers how and why these cases settled. Finally, this Article proposes a set of standards for assessing proposed settlements. When cases involve fundamental rights and individuals have suffered immeasurable harms, litigants, …
Some Reflections On The Fourth Chilean-German-Tanzanian Legal Talk, James M. Cooper
Some Reflections On The Fourth Chilean-German-Tanzanian Legal Talk, James M. Cooper
Faculty Scholarship
On December 3, 2021, the Heidelberg Center for Latin America convened a group of academicians from around the world to explore the way legal pluralism contests values (including the protection of universal human rights), disrupts our national legal systems, and provides for self-determination. The transnational webinar was co-sponsored by the University of Heidelberg and University of Bayreuth of Germany, Universidad de Chile, University of Dar Es Salaam in Tanzania, Faculdades de Campinas in Brasil, as well as California Western School of Law/Proyecto ACCESO in the United States, and the German Academic Exchange Service (DAAD).
The webinar brought together participants with …
Yes, Alito, There Is A Right To Privacy: Why The Leaked Dobbs Opinion Is Doctrinally Unsound, Nancy C. Marcus
Yes, Alito, There Is A Right To Privacy: Why The Leaked Dobbs Opinion Is Doctrinally Unsound, Nancy C. Marcus
Faculty Scholarship
On June 24, 2022, the Supreme Court released the final Dobbs majority opinion, which is substantially identical to the draft opinion. Consequently, the critique contained in this essay applies equally to the final Dobbs opinion.
On May 2, 2022, a draft majority opinion dated February 2022 and authored by Justice Alito in Dobbs v. Jackson Women’s Health Organization was leaked to the public. This Essay addresses the doctrinal infirmities of the underlying analysis of the draft Dobbs opinion, as well as the resulting dangers posed for the protection of fundamental privacy rights and liberties in contexts even beyond abortion.
The …