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Full-Text Articles in Law

Inmates Who Cried Wolf: The Dangers Of Applying The Plra's Limit On Appellate Attorney's Fees In Prisoner Deprivation Of Rights Claims, Peter Shakro Jan 2014

Inmates Who Cried Wolf: The Dangers Of Applying The Plra's Limit On Appellate Attorney's Fees In Prisoner Deprivation Of Rights Claims, Peter Shakro

Washington University Law Review

No abstract provided.


The “Youngest Profession”: Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead Jan 2011

The “Youngest Profession”: Consent, Autonomy, And Prostituted Children, Tamar R. Birckhead

Washington University Law Review

Although precise statistics do not exist, data suggest that the number of children believed to be at risk for commercial sexual exploitation in the United States is between 200,000 and 300,000 and that the average age of entry is between eleven and fourteen, with some as young as nine. The number of prostituted children who are criminally prosecuted for these acts is equally difficult to estimate. In 2008—the most recent year for which data is available—approximately 1500 youth under age eighteen were reported to the Federal Bureau of Investigation as having been arrested within United States ...


A Realist Defense Of The Alien Tort Statute, Robert Knowles Jan 2011

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Washington University Law Review

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because ...


A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray Jan 2010

A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray

Washington University Law Review

It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed — such as those made by Americans of Japanese descent interned during World War II and those made by European Jews against Germany after World War II — most do not. The principal culprits ...


Taste Of Child Labor Not So Sweet: A Critique Of Regulatory Approaches To Combating Child Labor Abuses By The U.S. Chocolate Industry, Kemi Mustapha Jan 2010

Taste Of Child Labor Not So Sweet: A Critique Of Regulatory Approaches To Combating Child Labor Abuses By The U.S. Chocolate Industry, Kemi Mustapha

Washington University Law Review

No abstract provided.


Left Behind: The Paternalistic Treatment Of Status Offenders Within The Juvenile Justice System, Julie J. Kim Jan 2010

Left Behind: The Paternalistic Treatment Of Status Offenders Within The Juvenile Justice System, Julie J. Kim

Washington University Law Review

No abstract provided.


Double Jeopardy And Multiple Sovereigns: A Jurisdictional Theory, Anthony J. Colangelo Jan 2009

Double Jeopardy And Multiple Sovereigns: A Jurisdictional Theory, Anthony J. Colangelo

Washington University Law Review

This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and sharpens normative assessment of that doctrine. The Article develops a jurisdictional theory of double jeopardy under which sovereignty signifies independent jurisdiction to make and apply law. Using this theory, the Article recasts the history of the U.S. Supreme Court's “dual sovereignty” doctrine entirely in terms of jurisdiction, penetrating the opacity of the ...


Beyond Indigenous Property Rights: Exploring The Emergence Of A Distinctive Connection Doctrine, Eric Dannenmaier Jan 2008

Beyond Indigenous Property Rights: Exploring The Emergence Of A Distinctive Connection Doctrine, Eric Dannenmaier

Washington University Law Review

Human rights law has begun to offer normative protection for what remains of indigenous lands. Yet territory now better defended from conquest and encroachment is increasingly threatened by their byproducts. Water scarcity, food security, waste deposition, climate change — in short, the multiple impacts of industrial development — pose a new territorial challenge to indigenous communities that will test the reach and capacity of the human rights regime. This Article examines that challenge and argues that a solution may lie in emerging human rights doctrine recognizing indigenous peoples' land rights not as heirs to a European conception of property, but as peoples ...


Arguments Against Marriage Equality: Commemorating & Reconstructing Loving V. Virginia, Tucker Culbertson Jan 2007

Arguments Against Marriage Equality: Commemorating & Reconstructing Loving V. Virginia, Tucker Culbertson

Washington University Law Review

The year 2007 marked the fortieth anniversary of Loving v. Virginia, in which the Supreme Court denounced antimiscegenation law and policy. I argue here that Loving was wrongly decided. I argue against the fundamental right to marriage declared in Loving, and offer alternative interpretations of the harms and rights at issue in the case.


Do International Criminal Tribunals Deter Or Exacerbate Humanitarian Atrocities?, Julian Ku, Jide Nzelibe Jan 2006

Do International Criminal Tribunals Deter Or Exacerbate Humanitarian Atrocities?, Julian Ku, Jide Nzelibe

Washington University Law Review

Contemporary justifications for international criminal tribunals (ICTs), especially the permanent International Criminal Court, often stress the role of such tribunals in deterring future humanitarian atrocities. But hardly any academic commentary has attempted to explore in depth this deterrence rationale. This Article utilizes economic models of deterrence to analyze whether a potential perpetrator of humanitarian atrocities would likely be deterred by the risk of future prosecution by an ICT. According to the economic theory of deterrence, two factors—certainty and severity of punishment—are central to the reduction of crime after taking into account a particular individual's preference for risk ...


For Better Or Worse: A Discussion Of The Bia's Ambiguous C-Y-Z Decision And Its Legacy For Refugees Of China's One Child Policy, Meredith M. Snyder Jan 2006

For Better Or Worse: A Discussion Of The Bia's Ambiguous C-Y-Z Decision And Its Legacy For Refugees Of China's One Child Policy, Meredith M. Snyder

Washington University Law Review

No abstract provided.


The Prosecutor V. Aleksovski, 30 May 2001, Judgment On Appeal By Anto Nobilo Against Finding Of Contempt: A Critical Analysis Of The Icty Appeals Chamber's Abandonment Of Witness Protection Measures, Fatema E. Fallahnejad Burkey Jan 2004

The Prosecutor V. Aleksovski, 30 May 2001, Judgment On Appeal By Anto Nobilo Against Finding Of Contempt: A Critical Analysis Of The Icty Appeals Chamber's Abandonment Of Witness Protection Measures, Fatema E. Fallahnejad Burkey

Washington University Law Review

No abstract provided.


Human Rights And Civil Litigation In United States Courts: The Holocaust-Era Cases, Samuel P. Baumgartner Jan 2002

Human Rights And Civil Litigation In United States Courts: The Holocaust-Era Cases, Samuel P. Baumgartner

Washington University Law Review

Human rights are a serious matter. Unfortunately, in spite of half a century of improving the civil rights of individuals through treaties and customary international law, and despite increasing attention to those rights by both governments and scholars of international law and international relations, much remains to be done to prevent and punish even the most egregious violations of human dignity. Professor Neuborne's Article and the extensive briefs to which he repeatedly refers recap the atrocities committed by the German Nazi regime and ask uneasy but necessary questions about the Nazi regime's accomplices and their responsibility for what ...


The Nature Of The Beast: Using The Alien Tort Claims Act To Combat International Human Rights Violations, Ivan Poullaos Jan 2002

The Nature Of The Beast: Using The Alien Tort Claims Act To Combat International Human Rights Violations, Ivan Poullaos

Washington University Law Review

No abstract provided.


Surpassing The Material: The Human Rights Implications Of Informed Consent In Bioprospecting Cells Derived From Indigenous People Groups, Annie O. Wu Jan 2000

Surpassing The Material: The Human Rights Implications Of Informed Consent In Bioprospecting Cells Derived From Indigenous People Groups, Annie O. Wu

Washington University Law Review

No abstract provided.


A King No More: The Impact Of The Pinochet Decision On The Doctrine Of Head Of State Immunity, Gilbert Sison Jan 2000

A King No More: The Impact Of The Pinochet Decision On The Doctrine Of Head Of State Immunity, Gilbert Sison

Washington University Law Review

No abstract provided.


Refugees, Administrative Tribunals, And Real Independence: Dangers Ahead For Australia, Stephen H. Legomsky Jan 1998

Refugees, Administrative Tribunals, And Real Independence: Dangers Ahead For Australia, Stephen H. Legomsky

Washington University Law Review

Few would deny that one core ingredient of any successful justice system is the independence of those who adjudicate cases. As will be evident, I believe that Australia's system of administrative justice is in grave danger as a result of dramatic recent threats to the independence of key adjudicators. While these events have taken place in the immigration and refugee context, the ominous implications are far broader.


Judge Bork Is Wrong: The Covenant Is The Law, John Quigley Jan 1993

Judge Bork Is Wrong: The Covenant Is The Law, John Quigley

Washington University Law Review

This Article examines the U.S. ratification of the International Covenant on Civil and Political Rights in light of Judge Bork's position and the Senate declaration. The Article also focuses on determining the proper status of the Covenant before U.S. courts.


Judicial Review Of Administrative Stays Of Deportation: Section 243(H) Of The Immigration And Nationality Act Of 1952 Jan 1976

Judicial Review Of Administrative Stays Of Deportation: Section 243(H) Of The Immigration And Nationality Act Of 1952

Washington University Law Review

No abstract provided.


Review Of “To Defend These Rights: Human Rights And The Soviet Union,” By Valery Chalidze, Robert C. Williams Jan 1975

Review Of “To Defend These Rights: Human Rights And The Soviet Union,” By Valery Chalidze, Robert C. Williams

Washington University Law Review

No abstract provided.


European Convention On Human Rights In Practice, Dietrich Schindler Jan 1962

European Convention On Human Rights In Practice, Dietrich Schindler

Washington University Law Review

No abstract provided.


International Law And The Control Of Revolutionary Activities By Political Refugees Under American Law, Manuel R. García-Mora Jan 1961

International Law And The Control Of Revolutionary Activities By Political Refugees Under American Law, Manuel R. García-Mora

Washington University Law Review

The unprecedented exodus of political refugees from countries dominated by tyrannical regimes has posed the interesting and vital problem of controlling their activities in countries of asylum. While the right of a State to grant asylum to those fleeing from persecution and oppression is unquestioned, the further question is immediately presented as to how to prevent these persons from engaging in activities designed to undermine the political institutions of their native land. This is clearly a matter which not only involves the good relations between the State of refuge and that of which the refugees are nationals, but which also ...


The Problem Of “Mental Harm” In The Genocide Convention, Stephen Gorove Jan 1951

The Problem Of “Mental Harm” In The Genocide Convention, Stephen Gorove

Washington University Law Review

One of the most significant issues that has been raised by prominent American legal authorities in connection with the Genocide Convention centers around the concept of “mental harm.” What is meant by “mental harm” in the convention? Can “mental anguish,” “humiliation,” “mental distress,” discrimination of any kind be considered to constitute “mental harm”? Can the concept of “mental harm” be understood to mean the “disintegration of the mind” or is it rather identical with “permanent physical injury to mental faculties”? What are the necessary criteria, if any, of those acts which the Convention intends to punish in connection with mental ...