Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer
Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer
David Barnhizer
None of us can claim the quality of original insight achieved by Alexis de Tocqueville in his early 19th Century classic Democracy in America in his observation that the “soft” repression of democracy was unlike that in any other political form. It is impossible to deny that we in the US, the United Kingdom and Western Europe are experiencing just such a “gentle” drift of the kind that Tocqueville describes, losing our democratic integrity amid an increasingly “pretend” democracy. He explained: “[T]he supreme power [of government] then extends its arm over the whole community. It covers the surface of society …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
"A Sea Change In Security: How The War On Terror Strengthened Human Rights", Michael Galchinsky
"A Sea Change In Security: How The War On Terror Strengthened Human Rights", Michael Galchinsky
Michael Galchinsky
The UN Security Council's initial response to 9/11 (UNSC Res. 1373) deemphasized the requirement that states respect human rights and humanitarian law in their counter-terrorism efforts. However, starting in 2002, a backlash by numerous global governance institutions asserted that human rights and security are mutually reinforcing. The emerging norm of mutual reinforcement influenced the SC to direct its Counter-Terrorism Committee to incorporate human rights concerns more robustly into its work. The SC’s increasing adoption of a rights-based approach indicates that the UN's security and human rights missions are bound more closely together than ever before.
On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom
On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom
Daniel Kanstroom
While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply normative underpinnings of human rights and law. Attorney General Michael Mukasey has steadfastly declined to declare waterboarding illegal or to launch an investigation into past waterboarding. His equivocations have generated anguished controversy because they raise a fundamental question: should we balance “heinousness and cruelty” against information that we “might get”? Mr. Mukasey’s approach appears to be careful lawyering. However, it portends a radical and dangerous departure from a fundamental premise of human rights law: the inherent dignity of each person. Although there is some lack …
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Functional Democracy: Responding To Failures Of Accountability, Molly K. Land
Functional Democracy: Responding To Failures Of Accountability, Molly K. Land
Molly K. Land
No abstract provided.
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.