Open Access. Powered by Scholars. Published by Universities.®
- Institution
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- The University of Akron (27)
- University of Georgia School of Law (27)
- Loyola University Chicago, School of Law (24)
- American University Washington College of Law (17)
- Osgoode Hall Law School of York University (17)
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- Washington and Lee University School of Law (13)
- Case Western Reserve University School of Law (12)
- Seattle University School of Law (12)
- Vanderbilt University Law School (9)
- University of Michigan Law School (8)
- University of Cincinnati College of Law (7)
- Notre Dame Law School (6)
- U.S. Naval War College (6)
- DePaul University (5)
- Universitas Indonesia (5)
- University of Washington School of Law (5)
- Northwestern Pritzker School of Law (4)
- Pace University (4)
- Pepperdine University (4)
- Brooklyn Law School (3)
- Loyola Marymount University and Loyola Law School (3)
- University at Buffalo School of Law (3)
- Brigham Young University Law School (2)
- Florida A&M University College of Law (2)
- Golden Gate University School of Law (2)
- St. John's University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- UIC School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Massachusetts School of Law (2)
- Keyword
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- Human rights (23)
- United Nations (10)
- Right to housing (8)
- Detention (7)
- International law (7)
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- National Underground Railroad Freedom Center (7)
- Sovereignty (7)
- Asylum (6)
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- Law (5)
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- European Convention on Human Rights (4)
- Food Law (4)
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- Publication
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- Akron Law Review (27)
- Georgia Journal of International & Comparative Law (27)
- Public Interest Law Reporter (22)
- Societies Without Borders (12)
- Washington and Lee Journal of Civil Rights and Social Justice (12)
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- Human Rights Brief (11)
- Seattle University Law Review (10)
- Journal of Law and Social Policy (9)
- Vanderbilt Journal of Transnational Law (8)
- Freedom Center Journal (7)
- The Transnational Human Rights Review (7)
- International Law Studies (6)
- International Human Rights Law Journal (5)
- Notre Dame Journal of International & Comparative Law (5)
- Washington International Law Journal (5)
- Northwestern Journal of Human Rights (4)
- American University International Law Review (3)
- Brooklyn Journal of International Law (3)
- Buffalo Human Rights Law Review (3)
- Indonesia Law Review (3)
- Michigan Journal of International Law (3)
- Michigan Law Review (3)
- Pace International Law Review (3)
- Pepperdine Law Review (3)
- American University Law Review (2)
- Annual Survey of International & Comparative Law (2)
- Florida A & M University Law Review (2)
- Jurnal Hukum & Pembangunan (2)
- Loyola of Los Angeles Law Review (2)
- Maryland Law Review (2)
Articles 31 - 60 of 255
Full-Text Articles in Law
Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans
Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans
Syracuse Journal of International Law and Commerce
No abstract provided.
Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner
Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner
Washington and Lee Law Review
The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that subsidiary operates in a country that has a weak or ineffective judicial system. This is because victims are often unable to obtain a remedy in these countries, and the doctrine almost always prevents victims from seeking a remedy from the parent corporation. Given this problem, in what situations should parent corporations be liable for the tortious activities of their foreign subsidiaries? This Article discusses the circumstances where imposing liability on parent corporations …
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
Georgia Journal of International & Comparative Law
No abstract provided.
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Georgia Journal of International & Comparative Law
No abstract provided.
Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin
Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin
Georgia Journal of International & Comparative Law
No abstract provided.
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Third-Party Trial Observers: A Proposal For Codification And Implementation Of International Procedural Due Process In The Americas, Jay D. Terry
Akron Law Review
Over twenty years have passed now since Mrs. Franklin D. Roosevelt expressed the hope that the Universal Declaration of Human Rights "may well become the international Magna Carta of all men everywhere." In the same breath, she recognized that the Universal Declaration did not "purport to be a statement of law or of legal obligation." But the members of the world community had unanimously enumerated the rights of men and all that remained was for men of good will to provide for the effective implementation of those rights.
Third-Party Trial Observers: A Proposal For Codification And Implementation Of International Procedural Due Process In The Americas, Jay D. Terry
Akron Law Review
OVER TWENTY YEARS have passed now since Mrs. Franklin D. Roosevelt expressed the hope that the Universal Declaration of Human Rights "may well become the international Magna Carta of all men everywhere."' In the same breath, she recognized that the Universal Declaration did not "purport to be a statement of law or of legal obligation." But the members of the world community had unanimously enumerated the rights of men and all that remained was for men of good will to provide for the effective implementation of those rights.
Book Review: Abortion, Stanley Green
Book Review: Abortion, Stanley Green
Akron Law Review
This work undertakes an examination of the social and legal problems associated with abortion in the United States today. Lader begins by discussing an incident which attracted considerable newspaper coverage in 1962-Sherri Finkbine's futile efforts to obtain a legal abortion in America after taking the drug thalidomide, which gravely deforms the fetus in a high percentage of cases.The author expresses regret that an American doctor did not perform an abortion upon Mrs. Finkbine and then inform the authorities of his action, thereby making the matter a test case. Lader feels that much good would have been accomplished by having the …
The Guatemala Protocol, Robert P. Boyle
The Guatemala Protocol, Robert P. Boyle
Akron Law Review
"The story of the 1971 revision of the Warsaw Convention which is contained in the Guatemala Protocol, begins with denunciation by the United States of the Warsaw Convention in November of 1965. The United States was motivated in taking that action at that time by a number of circumstances."
The author of this article represented the United States government in talks concerning amending the Warsaw Convention to increase airline liability limits.
The European Court Of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot
The European Court Of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot
Brigham Young University International Law & Management Review
No abstract provided.
Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider
Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider
Akron Law Review
It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.
Parents, Judges, And A Minor's Abortion Decision: Third Party Participation And The Evolution Of A Judicial Alternative, William Green
Parents, Judges, And A Minor's Abortion Decision: Third Party Participation And The Evolution Of A Judicial Alternative, William Green
Akron Law Review
This article will examine the Supreme Court's modification of Roe v. Wade to permit third party participation in a minor's abortion decision-making: how it originated, what direction it has taken and at whose initiative, and what issues remain. This article will argue that the Court's difficulty in resolving this issue resulted from the justices' disagreement over what recognition, if any, should be given to the minor-related interests that states have asserted to support third party involvement. This article will also argue that the Court's eventual ability to reach agreement was due primarily to the policy leadership of Justice Powell. Part …
Sweden And Humanitarian Law, Atle Grahl-Madsen
Sweden And Humanitarian Law, Atle Grahl-Madsen
Akron Law Review
Professor Jacob W.F. Sundberg's article on "Humanitarian Laws of Armed Conflict in Sweden: Ogling the Socialist Camp"' has neither head nor tail. When coming to the author's "conclusions" the reader is likely to be dumbfounded: he may not have realized that this was what the article was all about. Up to that point he has been introduced to a variety of matters, presented in a hodge-podge manner. The article is failing on its own "merits."
However, the article is full of innuendo, half-truths and untruths. If published at home, no one knowing the author and his ideas would have paid …
A Brief Analysis Of The 1977 Geneva Protocols, Hans-Peter Gasser
A Brief Analysis Of The 1977 Geneva Protocols, Hans-Peter Gasser
Akron Law Review
In analyzing the two 1977 Protocols additional to the Geneva Conventions for the protection of war victims one should never forget that they are not the product of a sudden inspiration. The first cornerstone for Protocol 1, on international armed conflicts, was laid in the early Fifties. The Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War, drawn up by the International Committee of the Red Cross (ICRC) and submitted to the Nineteenth International Red Cross Conference (New Delhi, 1957), were an unsuccessful attempt to improve the protection of the civilian population …
Symposium On The 1977 Geneva Protocols, Hamilton Desaussure
Symposium On The 1977 Geneva Protocols, Hamilton Desaussure
Akron Law Review
There is general agreement that the Hague Conventions of 1899 and 1907, while still technically in force, have been made largely obsolete by technological advance in weapons systems, communications, air power, and the ballistic missile. Yet the fundamental axiom that acts of war should not cause unnecessary or disproportionate suffering with regard to the military advantage to be gained, remains unchanged from those early conventions. What is new in the Protocols of 1977 is the added emphasis placed on the protection of the civilian population, not only in occupied areas held by the enemy, but also for the protection of …
Human Rights As Comparative Constitutional Law, Jacob W.F. Sundberg
Human Rights As Comparative Constitutional Law, Jacob W.F. Sundberg
Akron Law Review
This was the background of the Akron symposium on human rights as comparative constitutional law. The purpose of the symposium was to expose U.S. constitutional and international law experts to the working of these human rights protection systems in which decisions under the U.N. Covenant for Civil and Political Rights and the European Convention on Human Rights have arrived at an independent and influential, if not even precedent-setting role in relation to the national courts. Decision making by the U.S. Supreme Court is the focus of the teaching of Constitutional Law in the United States.
Having a number of European …
Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson
Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson
Georgia Journal of International & Comparative Law
No abstract provided.
In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik
In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik
Akron Law Review
This Note first discusses homosexuality and examines Ohio's position on adoption, child custody, and custody disputes involving homosexual parents." The Note then reviews other states' positions on homosexual adoption. The remainder of the Note analyzes the Charles B. decisions" and discusses future questions that the Court will need to answer."
Another Casualty Of The War . . . Vagrancy Laws Target The Fourth Amendment, T. Leigh Anenson
Another Casualty Of The War . . . Vagrancy Laws Target The Fourth Amendment, T. Leigh Anenson
Akron Law Review
This Comment will review the origins of the vagrancy law and its traditional abuses. It will then examine decisions discussing the vagrancy law's constitutionality under the Due Process clause void-for-vagueness doctrine and the courts' attempted remedy of explicit standards as to place, scope, or purpose. The remainder of this Comment will discuss the constitutionality of these revised vagrancy laws under the Fourth Amendment's prohibition of unreasonable seizures.
Judicial Enforcement Of International Human Rights, Edward D. Re
Judicial Enforcement Of International Human Rights, Edward D. Re
Akron Law Review
Lawyers are thinkers who must determine what are the fundamental human rights that must be legally enforced by a society worthy of being called civilized. Lawyers, therefore, devote their energies not only to human rights, but also to legal remedies designed to give effect to fundamental rights. Hence, for lawyers, the legal question presented deals with convening the ideals into legally enforceable norms. To phrase the inquiry in simple terms: what needs to be done to give legal effect to those moral norms which embody human rights and fundamental freedoms? What are the institutions of government that are charged with …
Sale V. Haitian Centers Council, Inc.: Closing The Golden Door, Dennis E. Wasitis
Sale V. Haitian Centers Council, Inc.: Closing The Golden Door, Dennis E. Wasitis
Akron Law Review
The purpose of this note is to carefully examine the Supreme Court's reasoning in Sale v. Haitian Centers Council, Inc. Part II sketches the contours of our recent policies with Haiti, and highlights the relevant refugee law involved. Part III dissects the case itself and presents the facts, procedure, and reasoning of the majority and minority. Finally, Part IV probes the strength of the court's analysis, and assesses the future implications of the decision.
The Second Rodney King Trial: Justice In Jeopardy?, Robert C. Gorman
The Second Rodney King Trial: Justice In Jeopardy?, Robert C. Gorman
Akron Law Review
This Comment will trace the roots of the Double Jeopardy Clause of the U.S. Constitution and provide a detailed look at the development of the dual sovereignty doctrine. After this overview, it will analyze the historical, legal and policy arguments advanced by supporters and opponents of the doctrine. It will examine proposals for altering or abolishing the doctrine. Finally, in light of the underlying analysis, it will revisit the Rodney King case and examine whether the defendants' second trial - or any successive prosecution - is justified.
The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez
The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez
Pace International Law Review
This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights violated by the …
Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek
Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek
Pace International Law Review
The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).
This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.
This article …
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
Pace International Law Review
Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …
The Projected Hong Kong Special Administrative Region Human Rights Record In The Post-British Era, Daniel C. Turck
The Projected Hong Kong Special Administrative Region Human Rights Record In The Post-British Era, Daniel C. Turck
Akron Law Review
On July 1, 1997, Hong Kong ceased to be a British Dependent Territory, and the People's Republic of China (PRC) resumed sovereignty over Hong Kong pursuant to the 1984 Sino-British Joint Declaration on the Question of Hong Kong (Joint Declaration). The Joint Declaration, in accordance with Article 31 of the PRC's Constitution, declares that Hong Kong is now a Special Administrative Region (HKSAR).
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann
Akron Law Review
This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the …
Tyler V. Cain: A Fork In The Path For Habeas Corpus Or The End Of The Road For Collateral Review?, Ronn Gehring
Tyler V. Cain: A Fork In The Path For Habeas Corpus Or The End Of The Road For Collateral Review?, Ronn Gehring
Akron Law Review
Tyler v. Cain is the latest decision in the ongoing evolution of the retroactivity doctrine in habeas corpus proceedings. The main issue this note presents is whether a state or federal inmate may apply a new constitutional rule promulgated by the Supreme Court retroactively on collateral review through a second or successive petition for habeas corpus, even though the rule was not applicable to the inmate’s original case. Under English common law, all new rules applied retroactively on both direct and collateral review. However, a divergence has occurred under American jurisprudence as to when new constitutional rules announced by the …
Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore
Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore
Akron Law Review
This Note will explore the Alien Tort Statute from its origin in 1789 to the present interpretation of the Sosa Court. Part II will focus on the Framers’ language and intent, discuss the long lull in the use of the ATS and the impact of Erie R. Co. v. Tompkins, and examine a line of cases that reawakened the ATS in the 1980s. Part III explores the elements of the Court’s decision in Sosa v. Alvarez-Machain: the facts that gave rise to an ATS claim, the plurality’s denial of jurisdiction, its dicta regarding potential application of the ATS, and Justice …