Law Commons^™

Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …

November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 11, 2011: Veterans Day 2011, Bruce Ledewitz

Hallowed Secularism

Blog post, “Veterans Day 2011“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Conversation Without End: Human Rights Law In Perspective?, Colin Harvey

Res Gestae

No abstract provided.

Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute

Human Rights Institute

The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.

This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …

July 5, 2011: Happy Fourth Of July, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi

Northern Illinois Law Review Supplement

The highly controversial topic of the removal of non-citizens from the United States is even more complex than most people realize. Besides the widely-known issues of the stretch on our nation's resources and immigrants' search for better lives, there are also issues of international relationships and threats to basic human rights. The United States has an international commitment not to remove aliens back to their home country if that country would be likely to subject the person to threats to their life or freedom, including kidnapping, torture, or murder. The U.S. denies this withholding of removal to those who have …

May 15, 2011: More On Torture, Bruce Ledewitz

Hallowed Secularism

Blog post, “More on Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz

Hallowed Secularism

Blog post, “Still Restricting What Religious People Are Allowed to Say“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz

Hallowed Secularism

Blog post, “Still Restricting What Religious People Are Allowed to Say“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 8, 2011: Torture Works, Bruce Ledewitz

Hallowed Secularism

Blog post, “Torture Works“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

April 29, 2011: Courageous Senator Bob Casey, Bruce Ledewitz

Hallowed Secularism

Blog post, “Courageous Senator Bob Casey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 3, 2011: The Legal Background Of Burning The Qur’An, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Legal Background of Burning the Qur’an“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister

All Faculty Scholarship

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to …

March 24, 2011: The Challenge To Obamacare Is Secular—As Is The Defense Of Abortion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Challenge to Obamacare is Secular—As is the Defense of Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20^th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

Schmooze 'tickets'

No abstract provided.

January 27, 2011: It Is Not Pro-Life To Kill A Woman, Bruce Ledewitz

Hallowed Secularism

Blog post, “ It is not Pro-Life to Kill a Woman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 6, 2011: So Why Isn’T The Food Bill Unconstitutional?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So Why Isn’t the Food Bill Unconstitutional?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 3, 2011: The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Incredible Shrinking Free Exercise Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Jewish Non-Governmental Organizations, Michael Galchinsky

English Faculty Publications

No abstract provided.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer

Articles

No abstract provided.

Seeking Deliberation On The Unborn In International Law, S De Freitas, G Myburgh

Law Papers and Journal Articles

International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where …

Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa

Faculty Scholarship

No abstract provided.

On The Evolution Of The United Nations’ 'Protect-Respect-Remedy' Project: The State, The Corporation And Human Rights In A Global Governance Context, Larry Cata Backer

Journal Articles

The advent of contemporary economic globalization has substantially altered the regulatory environment in which economic enterprises operate. Once assumed to be creatures of the states that recognized and regulated their existence, economic enterprises today are increasingly capable of arranging their activities beyond the regulatory scope of any state or groups of states. That gap between operational and regulatory capacity has produced a sustained reaction at the national and international levels. States have sought to extend their power over corporations beyond their borders. International organizations have sought to develop supra national legal governance frameworks. This paper examines one of the more …

Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier

Dianne Pothier Collection

The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Law Faculty Publications

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …