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Articles 1 - 5 of 5
Full-Text Articles in Law
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin
Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin
Notre Dame Law Review Reflection
Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.
The Legality And Conduct Of Drone Attacks, Waseem Ahmad Qureshi
The Legality And Conduct Of Drone Attacks, Waseem Ahmad Qureshi
Notre Dame Journal of International & Comparative Law
Amid contentions of legality and conduct of drone attacks, this paper explores the legitimacy of drone strikes in Pakistan and whether or not they constitute the “use of force” and an “act of war” under international law. This paper will define jus ad bellum—that is, whether it is justified to use force against non-state actors while also taking into consideration the consent of host states under the laws and regulations of the “use of force” and “self-defense” in the United Nations Charter and customary international law—in the context of armed conflict to discuss the legality of drone strikes. Likewise, this …
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Notre Dame Journal of Law, Ethics & Public Policy
The United States allows force-feeding of prisoners, regardless of their state of mind or mental health because they deem preservation of life as paramount. In the United Kingdom, a prisoner who is of a sound mind “can be allowed to starve himself to death.”1 This difference is due to the balance between the importance of preservation of life and of the right to self-determination and autonomy in medical decisions. My note will first briefly explore the history of force-feeding prisoners who are protesting for political purposes in both countries, and the relevant cases and statues that led up to the …
Ending The Excessive Use Of Force At Home And Abroad, Mary Ellen O'Connell
Ending The Excessive Use Of Force At Home And Abroad, Mary Ellen O'Connell
Journal Articles
In the mid-1980s the American Society of International Law (ASIL) launched an initiative to engage more women and minority members in the Society and international law more generally.' Professor Henry Richardson was there, encouraging all of the new aspirants, including me. He is still doing that, and this essay in his honor is an expression of gratitude, admiration, and affection. It develops themes Hank and I have both pursued for decades: human rights, peace and non-violence, and the promotion of international law and ASIL.
Utilizing Secondary Sanctions To Curtail The Financing Of The Islamic State, Jimmy Gurule
Utilizing Secondary Sanctions To Curtail The Financing Of The Islamic State, Jimmy Gurule
Journal Articles
This article will discuss existing legislation used to curtail the financing of the Islamic State, the value of imposing secondary sanctions against the terrorist group, and concerns regarding the extraterritorial applications of US sanctions.