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Articles 1 - 30 of 70
Full-Text Articles in Law
Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao
Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao
Research Collection Yong Pung How School Of Law
Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …
November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz
November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 11, 2011: Veterans Day 2011, Bruce Ledewitz
November 11, 2011: Veterans Day 2011, Bruce Ledewitz
Hallowed Secularism
Blog post, “Veterans Day 2011“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Conversation Without End: Human Rights Law In Perspective?, Colin Harvey
A Conversation Without End: Human Rights Law In Perspective?, Colin Harvey
Res Gestae
No abstract provided.
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Human Rights Institute
The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.
This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …
July 5, 2011: Happy Fourth Of July, Bruce Ledewitz
July 5, 2011: Happy Fourth Of July, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi
Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi
Northern Illinois Law Review Supplement
The highly controversial topic of the removal of non-citizens from the United States is even more complex than most people realize. Besides the widely-known issues of the stretch on our nation's resources and immigrants' search for better lives, there are also issues of international relationships and threats to basic human rights. The United States has an international commitment not to remove aliens back to their home country if that country would be likely to subject the person to threats to their life or freedom, including kidnapping, torture, or murder. The U.S. denies this withholding of removal to those who have …
May 15, 2011: More On Torture, Bruce Ledewitz
May 15, 2011: More On Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “More on Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
Hallowed Secularism
Blog post, “Still Restricting What Religious People Are Allowed to Say“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
Hallowed Secularism
Blog post, “Still Restricting What Religious People Are Allowed to Say“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 8, 2011: Torture Works, Bruce Ledewitz
May 8, 2011: Torture Works, Bruce Ledewitz
Hallowed Secularism
Blog post, “Torture Works“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship
No abstract provided.
April 29, 2011: Courageous Senator Bob Casey, Bruce Ledewitz
April 29, 2011: Courageous Senator Bob Casey, Bruce Ledewitz
Hallowed Secularism
Blog post, “Courageous Senator Bob Casey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 3, 2011: The Legal Background Of Burning The Qur’An, Bruce Ledewitz
April 3, 2011: The Legal Background Of Burning The Qur’An, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Legal Background of Burning the Qur’an“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister
Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister
All Faculty Scholarship
Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to …
March 24, 2011: The Challenge To Obamacare Is Secular—As Is The Defense Of Abortion, Bruce Ledewitz
March 24, 2011: The Challenge To Obamacare Is Secular—As Is The Defense Of Abortion, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Challenge to Obamacare is Secular—As is the Defense of Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde
Faculty Publications
At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
Schmooze 'tickets'
No abstract provided.
January 27, 2011: It Is Not Pro-Life To Kill A Woman, Bruce Ledewitz
January 27, 2011: It Is Not Pro-Life To Kill A Woman, Bruce Ledewitz
Hallowed Secularism
Blog post, “ It is not Pro-Life to Kill a Woman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 6, 2011: So Why Isn’T The Food Bill Unconstitutional?, Bruce Ledewitz
January 6, 2011: So Why Isn’T The Food Bill Unconstitutional?, Bruce Ledewitz
Hallowed Secularism
Blog post, “So Why Isn’t the Food Bill Unconstitutional?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 3, 2011: The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz
January 3, 2011: The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Incredible Shrinking Free Exercise Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Jewish Non-Governmental Organizations, Michael Galchinsky
Jewish Non-Governmental Organizations, Michael Galchinsky
English Faculty Publications
No abstract provided.
The Evolving International Judiciary, Karen J. Alter
The Evolving International Judiciary, Karen J. Alter
Faculty Working Papers
This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …
Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch
Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh
Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh
Law Papers and Journal Articles
International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where …
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Faculty Scholarship
No abstract provided.
On The Evolution Of The United Nations’ 'Protect-Respect-Remedy' Project: The State, The Corporation And Human Rights In A Global Governance Context, Larry Cata Backer
On The Evolution Of The United Nations’ 'Protect-Respect-Remedy' Project: The State, The Corporation And Human Rights In A Global Governance Context, Larry Cata Backer
Journal Articles
The advent of contemporary economic globalization has substantially altered the regulatory environment in which economic enterprises operate. Once assumed to be creatures of the states that recognized and regulated their existence, economic enterprises today are increasingly capable of arranging their activities beyond the regulatory scope of any state or groups of states. That gap between operational and regulatory capacity has produced a sustained reaction at the national and international levels. States have sought to extend their power over corporations beyond their borders. International organizations have sought to develop supra national legal governance frameworks. This paper examines one of the more …
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dianne Pothier Collection
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
A Realist Defense Of The Alien Tort Statute, Robert Knowles
A Realist Defense Of The Alien Tort Statute, Robert Knowles
Law Faculty Publications
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 they do not …
Ambivalence & Activism: Employment Discrimination In China, Timothy Webster
Ambivalence & Activism: Employment Discrimination In China, Timothy Webster
Faculty Publications
Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …