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A Human Rights Perspective On U.S. Courts And The Constitutional Regulation Of The Internet, Molly K. Land Dec 2014

A Human Rights Perspective On U.S. Courts And The Constitutional Regulation Of The Internet, Molly K. Land

Molly K. Land

This chapter examines the approaches used by the U.S. Supreme Court and the lower U.S. federal courts to contend with the challenges presented by new Internet technologies for the protection of constitutional rights. The chapter first discusses judicial regulation of the Internet as a story of inter-branch power sharing. Regulation has been most effective, and most coherent, when Congress and the courts are engaged in dialogue with one another in ways that play to the strengths of each. Second, the chapter argues that although U.S. federal courts have been relatively effective in updating the individual constitutional protections to meet the …


The Transformation Of South African Private Law After Twenty Years Of Democracy, 14 Nw. J. Int’L Hum. Rts. (Forthcoming 2016)., Christopher J. Roederer Dec 2014

The Transformation Of South African Private Law After Twenty Years Of Democracy, 14 Nw. J. Int’L Hum. Rts. (Forthcoming 2016)., Christopher J. Roederer

Christopher J. Roederer

In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …


Justice As Legitimacy In The European Court Of Human Rights, Molly K. Land Dec 2014

Justice As Legitimacy In The European Court Of Human Rights, Molly K. Land

Molly K. Land

Using the example of the prisoner voting cases at the European Court of Human Rights, this chapter builds on existing literature regarding the legitimacy of judicial institutions to consider the role of justice with respect to the normative and sociological legitimacy of international human rights courts. The chapter identifies the pursuit of just outcomes as a significant independent influence on the legitimacy of these courts. Doing justice even when it requires expansive lawmaking in order to protect unpopular groups can be an affirmative source of legitimacy for these institutions. Although the legitimacy challenges faced by the European Court of Human …


The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh Dec 2014

The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh

Charles C. Jalloh

This article examines the role of non-governmental organizations (NGOs) in
advancing international criminal justice. I argue that NGOs have had considerable
impact by contributing, among other things, to the global struggle against impunity
through advocacy for the creation of more robust institutional mechanisms to prosecute
those who perpetrate such crimes. This ranges from supporting the processes
that led to the creation of several ad hoc international tribunals for Yugoslavia,
Rwanda and Sierra Leone, all the way through to their support for the establishment
of an independent permanent international penal court based in The Hague.
The crux of my claim is …