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Articles 1 - 30 of 39
Full-Text Articles in Law
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Touro Law Review
This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Journal of Race, Gender, and Ethnicity
No abstract provided.
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Touro Law Review
Through his landmark exploration of obligation as the conceptual touchstone of what he describes as the “Jewish jurisprudence of the social order,” Robert Cover offered an alternate language for legal regimes grounded in a rhetoric of individual rights. The present essay revisits Cover’s account of the socially embedded nature of law and juridical process, taking seriously both its claims, as well as the cautions of its critics. The essay thus neither abandons the concept of rights as key to jurisprudence nor seeks to present a naïve or romantic characterization of Jewish legal thought, and proceeds wary of the pitfalls inherent …
The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron
The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron
Scholarly Works
No abstract provided.
Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen
Journal of Race, Gender, and Ethnicity
No abstract provided.
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Tribute To Professor Catherine Mahern, Lawrence Raful
A Tribute To Professor Catherine Mahern, Lawrence Raful
Scholarly Works
No abstract provided.
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.
Can The Constitutional Court Of The Russian Federation Lead The Way To The Creation Of A True Democratic Society In The New Russian In The 21st Century?, Shawn S. Cullinane
Can The Constitutional Court Of The Russian Federation Lead The Way To The Creation Of A True Democratic Society In The New Russian In The 21st Century?, Shawn S. Cullinane
Touro Law Review
No abstract provided.
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Journal of Race, Gender, and Ethnicity
No abstract provided.
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson
From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson
Scholarly Works
This paper offers a new approach to the issue of transnational corporate liability for human rights violations and more generally an inquiry into the place of domestic legal experiences in theorizing about transnational law. Grounded in a study of the Holocaust restitution litigation of the 1990s, we explain corporate liability as a type of bureaucratic liability and explore in depth the relationship between the Holocaust litigation and the theory of structural reform litigation developed in the U.S. to address the bureaucratic structure of rights violations. We read the restitution litigation in light of pluralist reformulations of structural reform, in which …
How Trade Law Changed: Why It Should Change Again, John Linarelli
How Trade Law Changed: Why It Should Change Again, John Linarelli
Scholarly Works
No abstract provided.
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Touro Law Review
The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.
The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli
The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli
Scholarly Works
This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …
Reasonable Pluralism And International Law, John Linarelli
Reasonable Pluralism And International Law, John Linarelli
Scholarly Works
No abstract provided.
Human Rights And Southern Realities, Tamara Relis
Human Rights And Southern Realities, Tamara Relis
Scholarly Works
The proliferation of international human rights treaties, committees and courts over the last sixty years represents enormous achievement. International human rights laws are now asserted throughout the world by individuals of many cultures and traditions. Yet, at the same time international human rights ideas and principles continue to have difficulty in manifesting their relevance in the daily lives of those who are geographically and culturally distant from international institutions Two new books - William Twining’s Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na’im, Yash Ghai, Upendra Baxi, and Helen Stacy’s Human Rights for the 21st Century - address aspects of …
Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Scholarly Works
This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human rights …
International Law: Practical Authority, Global Justice, John Linarelli
International Law: Practical Authority, Global Justice, John Linarelli
Scholarly Works
No abstract provided.
The Trafficking In Victims Protection Act: A Feasibility Assessment, Kristina Cummings, M.A.
The Trafficking In Victims Protection Act: A Feasibility Assessment, Kristina Cummings, M.A.
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Dominican Republic And The Un Human Rights Treaty System, Luis Pomares
The Dominican Republic And The Un Human Rights Treaty System, Luis Pomares
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Comparative Analysis Of The Jewish Law And The Secular Perspective On International Human Rights (Part Of The Article, “Human Rights In The Bible, An Exchange Of Ideas”)., Richard Klein, Chaim Povarsky
A Comparative Analysis Of The Jewish Law And The Secular Perspective On International Human Rights (Part Of The Article, “Human Rights In The Bible, An Exchange Of Ideas”)., Richard Klein, Chaim Povarsky
Scholarly Works
No abstract provided.
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein
Scholarly Works
No abstract provided.
Justice For The Forgotten And Despised, David C. Leven
Justice For The Forgotten And Despised, David C. Leven
Touro Law Review
No abstract provided.