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Full-Text Articles in Law

Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench Jan 2019

Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench

Case Western Reserve Journal of International Law

An introduction to the issue topics, ranging from U.S.-North Korean relations and its policies toward rogue states to immigration law and human rights in the U.S.


Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb Jan 2018

Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb

Case Western Reserve Journal of International Law

The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.


"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade Jan 2018

"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade

Case Western Reserve Journal of International Law

In the 2014 monumental court decision S.A.S. v. France, the European Court of Human Rights ruled that the French law banning both burqas and niqabs in public spaces was justified. The Court based this justification on the concept of "living together," stating this newly-created concept allowed limitations on certain rights, such as the freedom of religion. With this decision, the Court vacated precedent which used a balancing test to weigh exceptions, such as national security in very narrow situations, against the limitations on individual freedoms. The new "living together" test is extremely farfetched, vague, and controversial. This Note discusses the …


Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein Jan 2017

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.


Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky Jan 2017

Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky

Case Western Reserve Journal of International Law

No abstract provided.


Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson Jan 2016

Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson

Case Western Reserve Journal of International Law

Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …


International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain Jan 2011

International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain

Case Western Reserve Journal of International Law

No abstract provided.


Illustrating Illegitimate Lawfare, Michael A. Newton Jan 2010

Illustrating Illegitimate Lawfare, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz Jan 2010

The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz

Case Western Reserve Journal of International Law

No abstract provided.


Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves Jan 2010

Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves

Case Western Reserve Journal of International Law

No abstract provided.


The Knight's Code, Not His Lance, Jamie A. Williamson Jan 2010

The Knight's Code, Not His Lance, Jamie A. Williamson

Case Western Reserve Journal of International Law

No abstract provided.


Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt Jan 2010

Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt

Case Western Reserve Journal of International Law

No abstract provided.


Carl Schmitt And The Critique Of Lawfare, David Luban Jan 2010

Carl Schmitt And The Critique Of Lawfare, David Luban

Case Western Reserve Journal of International Law

No abstract provided.


The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel Jan 2010

The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel

Case Western Reserve Journal of International Law

No abstract provided.


Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir Jan 2010

Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir

Case Western Reserve Journal of International Law

No abstract provided.


Practical Challenges Of Implementing The Complementarity Between International Humanitarian And Human Rights Law - Demonstrated By The Procedural Regulation Of Internment In Non-International Armed Conflict, Laura M. Olson Jan 2009

Practical Challenges Of Implementing The Complementarity Between International Humanitarian And Human Rights Law - Demonstrated By The Procedural Regulation Of Internment In Non-International Armed Conflict, Laura M. Olson

Case Western Reserve Journal of International Law

No abstract provided.


International Law And The Torture Memos, Michael P. Scharf Jan 2009

International Law And The Torture Memos, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.


Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman Jan 2009

Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman

Case Western Reserve Journal of International Law

No abstract provided.


Sexual Violence: Standing By The Victim, Navanethem Pillay Jan 2009

Sexual Violence: Standing By The Victim, Navanethem Pillay

Case Western Reserve Journal of International Law

No abstract provided.


Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson Jan 2009

Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson

Case Western Reserve Journal of International Law

No abstract provided.


International Human Rights Law And Security Detention, Doug Cassel Jan 2009

International Human Rights Law And Security Detention, Doug Cassel

Case Western Reserve Journal of International Law

No abstract provided.


Administrative Detention In Armed Conflict, Ashley S. Deeks Jan 2009

Administrative Detention In Armed Conflict, Ashley S. Deeks

Case Western Reserve Journal of International Law

No abstract provided.


We're All Experts Now: A Security Case Against Security Detention, Deborah Pearlstein Jan 2009

We're All Experts Now: A Security Case Against Security Detention, Deborah Pearlstein

Case Western Reserve Journal of International Law

No abstract provided.


For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf Jan 2006

For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf

Case Western Reserve Journal of International Law

No abstract provided.


Pfizer's Epidemic: A Need For International Regulation Of Human Experimentation In Developing Countries, David M. Carr Jan 2003

Pfizer's Epidemic: A Need For International Regulation Of Human Experimentation In Developing Countries, David M. Carr

Case Western Reserve Journal of International Law

No abstract provided.


Complicity, Corruption, And Human Rights: Trafficking In Human Beings, Martina Vandenberg Jan 2002

Complicity, Corruption, And Human Rights: Trafficking In Human Beings, Martina Vandenberg

Case Western Reserve Journal of International Law

No abstract provided.


The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act Of 2000, Kara C. Ryf Jan 2002

The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act Of 2000, Kara C. Ryf

Case Western Reserve Journal of International Law

No abstract provided.


Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski Jan 2001

Human Rights In Transition: The Success And Failure Of Polish And Russian Criminal Justice Reform, Shannon C. Krasnokutski

Case Western Reserve Journal of International Law

No abstract provided.


Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers Jan 1998

Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.


Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong

Case Western Reserve Journal of International Law

No abstract provided.