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Full-Text Articles in Law
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray
What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray
Faculty Scholarship
No abstract provided.
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
Faculty Scholarship
The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …
Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee
Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee
Faculty Scholarship
In this Article, Professor Lee introduces a novel explanation of the Alien Tort Statute (ATS) - a founding-era enactment that has achieved modern prominence as a vehicle for international human rights litigation. He demonstrates how the statute was intended to address violations of something called a "safe conduct" - a sovereign promise of safety to aliens from injury to their persons and property. The safe-conduct theory advances a new modern role for the ATS to redress torts committed by private actors - including aliens - with a U.S. sovereign nexus, and not for international law violations committed by anyone anywhere. …
Universal Rights And Wrongs, Michael E. Tigar
Universal Rights And Wrongs, Michael E. Tigar
Faculty Scholarship
No abstract provided.