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Full-Text Articles in Law
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
Faculty Scholarship
No abstract provided.
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Faculty Scholarship
This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …
United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell
United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell
Faculty Scholarship
Professor Harold Koh's thoughtful article, A United States Human Rights Policy for the 21st Century, 46 ST. Louis U. L.J. 293 (2002), ends with the observation that "globalization has both sinister and constructive faces."' Indeed, we live in a world that is increasingly interdependent. Even some of those opposed to the project of globalization ironically depend on the tools of globalization to undermine it. Consider the terrorists who hijacked airplanes on September 11, 2001 and flew them into the World Trade Center and the Pentagon, killing thousands of innocent civilians from many different nations. The terrorists used the Internet and …
Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
By putting human rights first and terrorism in the middle, I hope to open up questions about linkages among these regimes and whether measures within one regime can advance objectives of the others.
New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman
New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman
Faculty Scholarship
The nation is engaged in the most intensive discussion of the death penalty in decades. Temporary moratoria on executions are effectively in place in Illinois and Maryland, and during the winter 2001 legislative cycle legislation to adopt those pauses elsewhere cleared committees or one or more houses of the legislature, not only in Connecticut (passed the Senate Judiciary Committee) and Maryland (where it passed the entire House, and the Senate Judiciary Committee) but in Nevada (passed the Senate) and Texas (passed committees in both Houses). In the last year, abolition bills have passed or come within a few votes of …