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Articles 1 - 12 of 12
Full-Text Articles in Law
Rethinking The Individual In International Law, Chiara Giorgetti
Rethinking The Individual In International Law, Chiara Giorgetti
Law Faculty Publications
The acceptance of the individual as a subject of international law has been gradual and asymmetrical. Individuals have become international law subjects in their own rights in some international legal areas, including human rights and international criminal law. This affords individuals substantive rights and obligations, as well as procedural rights. In most legal areas, however, individuals acquired substantive rights, but not direct procedural rights. In those instances, individuals need the filter of a nationality to enforce their claim and remedy in international proceedings. This Article criticizes the nationality-based approach and argues that there are better and alternative ways to provide …
[Introduction To] Dismembered: Native Disenrollment And The Battle For Human Rights, David E. Wilkins, Shelly Hulse Wilkins
[Introduction To] Dismembered: Native Disenrollment And The Battle For Human Rights, David E. Wilkins, Shelly Hulse Wilkins
Bookshelf
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.
The first comprehensive examination of the origins and significance of tribal …
Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga
Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga
Law Faculty Publications
Professor Osenga discusses the tensions between the interests of patent holders and patients worldwide in need of pharmaceutical treatments. Explaining the combination of exclusive patent and compulsory license approaches that govern access to intellectual property by statute and treaty, she urges that a carefully conceived balancing of these approaches will best serve both interests.
Dilemmas Of Modernity: Bolivian Encounters With Law And Liberalism (Book Review), Jan Hoffman French
Dilemmas Of Modernity: Bolivian Encounters With Law And Liberalism (Book Review), Jan Hoffman French
Sociology and Anthropology Faculty Publications
Recent scholarship on Bolivia has focused primarily on indigenous rights, multiculturalism, political and cultural issues surrounding the growing of coca, and the election of Evo Morales. Mark Goodale's project is different. By taking a "telescopic" view, Goodale steps away from ethnographic detail in a remote district of Bolivia to examine the sweep of "liberal legality" since independence in 1825. Setting the stage, Goodale takes the position that neither neoliberal economic policies of the 1980s nor the election of Morales are breaks with the past. Rather, the "patterns of intention" initiated with the early constitutions of the new republic, the ethos …
Human Rights In China And The Rule Of Law, Xu Wenli
Human Rights In China And The Rule Of Law, Xu Wenli
University of Richmond Law Review
No abstract provided.
Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney
Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney
University of Richmond Law Review
No abstract provided.
Balancing Security And Human Rights: Post 9/11 Reactions In United States And Europe, Chiara Giorgetti
Balancing Security And Human Rights: Post 9/11 Reactions In United States And Europe, Chiara Giorgetti
Law Faculty Publications
The acts of 11 September 2001 demonstrated how vulnerable civilians are; in any part of the world, to terrorist attacks. This awareness led to a determined response by the international community to fight international terrorism iri all its forms. As governments and international organizations alike reevaluated the effectiveness and appropriateness of their counter-terrorist measures, the challenge emerged of conducting the fight against terrorism while respecting human rights and civil liberties. In fact, the wide consensus that actions are necessary to confront terrorism does not undermine the necessity to balance human rights considerations and preserve the democratic process.
As portrayed throughout …
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley
Richmond Journal of Global Law & Business
The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.
Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri
Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri
Law Faculty Publications
Muslims take spirituality very seriously and would be willing to put up with a great deal of pain and suffering rather than abandon this fundamental disposition. Additionally, many Muslims have an intuitive belief that it is not religion which is at fault, but those in power. Consequently, they continue to search for the spiritually acceptable solution. In the meantime, Western NGOs offer no more than lightly-modified Western secular solutions, sometimes thinly disguised with religious rhetoric.
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri
Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri
Law Faculty Publications
In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …
Indian Religious Freedom: Recognized/Denied, David E. Wilkins
Indian Religious Freedom: Recognized/Denied, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."
The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …
Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins
Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
While these more profound issues of structure and perception beg for solution, a more immediate problem has arisen with the advent of Republican dominance in the Congress. One of the likely outgrowths of this transference of political power is that Congress, along with the Supreme Court, which has been doing it for some time, may funnel more issues to the States and their subsidiary governments for resolution or administration. Such a transfer does not bode well for tribes. Remember the allotment of Indian lands (1880s-1930s) and the Termination of tribes (1950s-1960s)? Those policies essentially made tribes and their citizens subject …