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Full-Text Articles in Law

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison Apr 2013

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …


What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad Jan 2013

What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad

Sturm College of Law: Faculty Scholarship

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …


E-Legislating, K.K. Duvivier Jan 2013

E-Legislating, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The United States has been plagued with a deadlocked, “do nothing” Congress for the last several years, but today there is a new game in town. Senator Chris Dodd declared, when he first encountered the full force of e-legislating, “It’s a new day [in Washington]... Brace yourselves.” Digital technologies have fundamentally changed the relationship of citizens to their governments. Since e-democracy was first identified in the 1990s, at least four subcategories have emerged. This article debuts the newest member of the e-democracy family: e-legislating — the use of Internet and social media to influence federal legislation. The federal legislative process …