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Full-Text Articles in Law

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii Aug 2007

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii

International Law Studies

No abstract provided.


The Morality Of Property, Thomas W. Merrill, Henry E. Smith Apr 2007

The Morality Of Property, Thomas W. Merrill, Henry E. Smith

William & Mary Law Review

No abstract provided.


Culture Change, Lan Cao Jan 2007

Culture Change, Lan Cao

Faculty Publications

No abstract provided.


Children's Rights Are Human Rights- An Introductory Handbook For Students And Professionals, Claire Bedard Jan 2007

Children's Rights Are Human Rights- An Introductory Handbook For Students And Professionals, Claire Bedard

Center for the Human Rights of Children

This handbook is intended for students and professionals of all disciplines- either closely or remotely connected to serving the needs of children. The goal of this handbook is to advance the cause of children everywhere.


A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki Jan 2007

A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki

Jackson Nyamuya Maogoto

This Article uses the Darfur Crisis in Sudan as a case study. It argues that rather than eliminating sovereignty as a political ideology, a more productive enterprise would be to refocus the discourse away from the traditional structural understanding of the term, which only serves to accentuate the level of discrepancy between the theological and the political definitions of the term and which ultimately leaves the false impression that absolute sovereignty is somehow realizable in the international political sphere. This refocus would constitute a shift toward a functional conception of sovereignty, wherein the purpose that State sovereignty would serve in …


Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray Jan 2007

Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray

Faculty Scholarship

The doctrine of odious debts came into its full in the eighteenth and early nineteenth century to deal with the financial injustices of colonialism and its stalking horse, despotism. The basic rule, as articulated by Alexander Sack in 1927, is that debts incurred by an illegitimate regime that neither benefit nor have the consent of the people of a territory are personal to the regime and are subject to unilateral recision by a successor government. While the traditional doctrine focused on the nature and circumstances of individual debts, it has been expanded in recent years, moving the focus from the …


Dark Ages Of Human Rights?, Linda A. Malone Jan 2007

Dark Ages Of Human Rights?, Linda A. Malone

Faculty Publications

No abstract provided.


Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein Jan 2007

Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein

Faculty Publications

No abstract provided.


Disability Human Rights, Michael Ashley Stein Jan 2007

Disability Human Rights, Michael Ashley Stein

Faculty Publications

Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …


A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein Jan 2007

A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.


A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein Jan 2007

A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein

Faculty Publications

Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …


Transphobia And The Relational Production Of Gender, Elaine Craig Jan 2007

Transphobia And The Relational Production Of Gender, Elaine Craig

Articles, Book Chapters, & Popular Press

Knowing one's place in the social order, whether that place is one of relative privilege or not, serves two psychologically ameliorative functions. It relieves one from the “anxiety of [gender] identity interrogation” and it helps to inform one as to the socially agreed upon, acceptable conduct for interpersonal exchanges--the episteme of social interaction. This Paper will demonstrate that gender identity is produced through relational, contextually influenced, interpretative processes. Because gender is constructed in societies which strongly embrace static, binary conceptions of gender, and in which social, familial, occupational, and sexual *139 interactions are heavily influenced by gendered social scripts, gender …


Legislative Watch, Edward Babayan Jan 2007

Legislative Watch, Edward Babayan

Human Rights Brief

No abstract provided.


International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng Jan 2007

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider Jan 2007

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.


United Nations Update, Brent D. Hessel Jan 2007

United Nations Update, Brent D. Hessel

Human Rights Brief

No abstract provided.


Ngo Update, Julie A. Gryce Jan 2007

Ngo Update, Julie A. Gryce

Human Rights Brief

No abstract provided.


Mind The Gap: Purpose, Pain, And The Difference Between Torture And Inhuman Treatment, Christian M. De Vos Jan 2007

Mind The Gap: Purpose, Pain, And The Difference Between Torture And Inhuman Treatment, Christian M. De Vos

Human Rights Brief

No abstract provided.


Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon Jan 2007

Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon

Human Rights Brief

No abstract provided.


An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen Jan 2007

An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen

Human Rights Brief

No abstract provided.


Legislative Watch, Edward Babayan Jan 2007

Legislative Watch, Edward Babayan

Human Rights Brief

No abstract provided.


International Human Rights Law: An Introduction, Connie De La Vega, David S. Weissbrodt Dec 2006

International Human Rights Law: An Introduction, Connie De La Vega, David S. Weissbrodt

Connie de la Vega

For more than half a century, the world community has sought to codify a series of fundamental precepts intended to prevent such abuses of human rights as torture, discrimination, starvation, and forced eviction. The United Nations, other international organizations, regional institutions, and governments have developed various procedures for protecting against and providing remedies for human rights violations. International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics. The book comprises three sections: an overview of the development of human rights as a …