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Articles 1 - 24 of 24
Full-Text Articles in Law
Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, Andrea Fenster, Margo Schlanger
Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, Andrea Fenster, Margo Schlanger
Other Publications
Twenty-five years ago today, in 1996, President Bill Clinton signed the Prison Litigation Reform Act. The “PLRA,” as it is often called, makes it much harder for incarcerated people to file and win federal civil rights lawsuits. For two-and-a-half decades, the legislation has created a double standard that limits incarcerated people’s access to the courts at all stages: it requires courts to dismiss civil rights cases from incarcerated people for minor technical reasons before even reaching the case merits, requires incarcerated people to pay filing fees that low-income people on the outside are exempt from, makes it hard to find …
Series Editor's Preface, James C. Hathaway
Series Editor's Preface, James C. Hathaway
Other Publications
Could we – should we – think differently about the ways in which refugees are assisted and protected? Is it possible to turn traditional thinking on its head by seeing refugees not as the objects of protection and assistance, but instead as the architects and managers of solutions?
The Hague Rules On Business And Human Rights Arbitration, Bruno Simma, Diane Desierto, Martin Doe Rodriguez, Jan Eijsbouts, Ursula Kriebaum, Pablo Lumerman, Abiola Makinwa, Richard Meeran, Sergio Puig, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Anne Van Aaken, Katerina Yiannibas
The Hague Rules On Business And Human Rights Arbitration, Bruno Simma, Diane Desierto, Martin Doe Rodriguez, Jan Eijsbouts, Ursula Kriebaum, Pablo Lumerman, Abiola Makinwa, Richard Meeran, Sergio Puig, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Anne Van Aaken, Katerina Yiannibas
Other Publications
The Hague Rules on Business and Human Rights Arbitration provide a set of procedures for the arbitration of disputes related to the impact of business activities on human rights. The Hague Rules are based on the Arbitration Rules of the United Nations Commission on International Trade Law (with new article 1, paragraph 4, as adopted in 2013) (the “UNCITRAL Rules”), with modifications needed to address certain issues likely to arise in the context of business and human rights disputes. Each article is accompanied by a commentary, which includes background on the drafting of various provisions in the Rules, explaining in …
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
Other Publications
No abstract provided.
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Other Publications
No abstract provided.
Texas Leads In Penalized Nursing Homes, Joanne Doroshow
Texas Leads In Penalized Nursing Homes, Joanne Doroshow
Other Publications
No abstract provided.
Marriage Matters In December, Arthur S. Leonard
Marriage Matters In December, Arthur S. Leonard
Other Publications
No abstract provided.
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
Commentary On The Ongoing Indigenous Political Enterprise: What's Law Got To Do With It?, Monica Hakimi
Commentary On The Ongoing Indigenous Political Enterprise: What's Law Got To Do With It?, Monica Hakimi
Other Publications
Professor Hakimi reviews Dalee Sambo Dorough's article, The Ongoing Indigenous Political Enterprise: What's Law Got to Do with It?, highlighting three tensions she defines within the article and the strengths and weaknesses of Dorough's examination of these three tensions.
The Law Of Occupation And Un Administration Of Territory: Mandatory, Desirable, Or Irrelevant?, Steven R. Ratner
The Law Of Occupation And Un Administration Of Territory: Mandatory, Desirable, Or Irrelevant?, Steven R. Ratner
Other Publications
Governments and international organizations as well as academic commentators have remarked upon the similarities and differences between occupation of territory by States and administration of territory by the United Nations. Although formal administration of territory by the United Nations has been limited to a small number of cases, the possibility of future revival of this practice warrants consideration of the relevance of the law of occupation (hereafter LO) to this phenomenon. This paper attempts to sketch out the major issues in an attempt to guide the experts in their discussion.
Humanitarian Law Project -- The Dissent, Stephen Ellmann
Humanitarian Law Project -- The Dissent, Stephen Ellmann
Other Publications
This post originally appeared on http://nowwithouthesitation.blogspot.com/2010/07/humanitarian-law-project-dissent.html
The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law
Other Publications
Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including "country of first arrival," "safe third country," and extraterritorial processing rules and practices-raise both opportunities and challenges for international refugee law. They have the potential to respond to the Refugee Convention's concern "that the grant of asylum may place unduly heavy burdens on certain countries" by more fairly allocating protection responsibilities among states. But insistence that protection be provided elsewhere may also result …
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel
Other Publications
No abstract provided.
Commentary: Mental Health Legislation, Michael L. Perlin
Commentary: Mental Health Legislation, Michael L. Perlin
Other Publications
No abstract provided.
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
Other Publications
An individual qualifies as a Convention refugee only if he or she has a "well-founded fear" of being persecuted. While it is generally agreed that the "well-founded fear" requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the "objective element"), linguistic ambiguity has resulted in a divergence of views regarding whether the test also involves assessment of the state of mind of the person seeking recognition of refugee status (the "subjective element").
Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel
Book Review Of Post-Conflict Justice (C. Bassiouni, Ed.), Ruti G. Teitel
Other Publications
No abstract provided.
United Kingdom Transgender Win, Arthur S. Leonard
United Kingdom Transgender Win, Arthur S. Leonard
Other Publications
No abstract provided.
The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel
The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel
Other Publications
No abstract provided.
Justice In A Post-Apartheid South Africa, Penelope Andrews
Justice In A Post-Apartheid South Africa, Penelope Andrews
Other Publications
No abstract provided.
Toward Adoption Of The United States Convention On The Rights Of The Child, Lung-Chu Chen
Toward Adoption Of The United States Convention On The Rights Of The Child, Lung-Chu Chen
Other Publications
No abstract provided.
Book Review Of The Human Rights Of Aliens In Contemporary International Law, By Richard B. Lillich, Owen Kupferschmid, Ruti G. Teitel
Book Review Of The Human Rights Of Aliens In Contemporary International Law, By Richard B. Lillich, Owen Kupferschmid, Ruti G. Teitel
Other Publications
No abstract provided.
Aging: A New Human Rights Concern--A Policy-Oriented Perspective, Lung-Chu Chen
Aging: A New Human Rights Concern--A Policy-Oriented Perspective, Lung-Chu Chen
Other Publications
No abstract provided.
The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen
The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen
Other Publications
No abstract provided.