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Full-Text Articles in Law

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


Do International Criminal Tribunals Deter Or Exacerbate Humanitarian Atrocities?, Julian Ku, Jide Nzelibe Jan 2006

Do International Criminal Tribunals Deter Or Exacerbate Humanitarian Atrocities?, Julian Ku, Jide Nzelibe

Washington University Law Review

Contemporary justifications for international criminal tribunals (ICTs), especially the permanent International Criminal Court, often stress the role of such tribunals in deterring future humanitarian atrocities. But hardly any academic commentary has attempted to explore in depth this deterrence rationale. This Article utilizes economic models of deterrence to analyze whether a potential perpetrator of humanitarian atrocities would likely be deterred by the risk of future prosecution by an ICT. According to the economic theory of deterrence, two factors—certainty and severity of punishment—are central to the reduction of crime after taking into account a particular individual's preference for risk ...


For Better Or Worse: A Discussion Of The Bia's Ambiguous C-Y-Z Decision And Its Legacy For Refugees Of China's One Child Policy, Meredith M. Snyder Jan 2006

For Better Or Worse: A Discussion Of The Bia's Ambiguous C-Y-Z Decision And Its Legacy For Refugees Of China's One Child Policy, Meredith M. Snyder

Washington University Law Review

No abstract provided.


Revolutionary Lawyering: Addressing The Root Causes Of Poverty And Wealth, William P. Quigley Jan 2006

Revolutionary Lawyering: Addressing The Root Causes Of Poverty And Wealth, William P. Quigley

Washington University Journal of Law & Policy

It is true that lawyers are rarely revolutionaries. In fact, the idea may seem like an oxymoron (like corporate ethics), but some people are, and others can be, revolutionary lawyers. Our profession is, at the core of its practice, the primary profession world-wide that protects and defends the machines, computers, profit motives and property rights so rightly condemned by Dr. King. We use our training, wealth, and position in society to facilitate commerce without conscience, to accumulate wealth without responsibility, and to serve the needs of corporations over and above the rights and needs of people. Yet still, some lawyers ...


Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole Jan 2006

Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole

Washington University Global Studies Law Review

No abstract provided.


Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell Jan 2006

Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell

Washington University Global Studies Law Review

No abstract provided.


Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison Jan 2006

Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison

Washington University Global Studies Law Review

No abstract provided.


Circumventing Shari’A: Common Law Jurisdictions’ Response To Persecuted Sexual Minorities’ Asylum Claims, Stephen Pischl Jan 2006

Circumventing Shari’A: Common Law Jurisdictions’ Response To Persecuted Sexual Minorities’ Asylum Claims, Stephen Pischl

Washington University Global Studies Law Review

No abstract provided.


The Nexus Between Free Trade Agreements And The Trafficking Of Human Beings, Claudine Chastain Jan 2006

The Nexus Between Free Trade Agreements And The Trafficking Of Human Beings, Claudine Chastain

Washington University Global Studies Law Review

No abstract provided.