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Articles 1 - 30 of 51
Full-Text Articles in Law
The Relative Universality Of Human Rights (Revised), Jack Donnelly
The Relative Universality Of Human Rights (Revised), Jack Donnelly
Human Rights & Human Welfare
© Jack Donnelly. All rights reserved.
This article is forthcoming in Human Rights Quarterly.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Human Rights & Human Welfare
The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
University of Richmond Law Review
In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …
Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams
Labor’S Human Rights: A Review Of The Nature And Status Of Core Labor Rights As Human Rights, Roy J. Adams
Human Rights & Human Welfare
© Roy J. Adams. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
New England Journal of Public Policy
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
The Future Of Apologies, Aaron Lazare
The Future Of Apologies, Aaron Lazare
New England Journal of Public Policy
Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Reforming Testamentary Undue Influence In Canadian And English Law, Fiona R. Burns
Dalhousie Law Journal
The traditional doctrine of testamentary undue influence developed in nineteenth century England. Its utility, however, is limited since the doctrine requires the person alleging undue influence to provide direct proof of coercion according to a high standard. In England the doctrine has remained static and there have been calls for reform. In Canada, some courts have ceased to apply the traditional doctrine so that today there is no one consistent and coherent doctrine of testamentary undue influence. This article explores two possible reforms of the doctrine both of which are evident in recent Canadian case law: a presumption of testamentary …
Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson
Building On Strong Foundations: Rethinking Legal Education With A View To Improving Curricular Quality, Veronica Henderson
Dalhousie Law Journal
Recent increases in law school tuition provide an occasion for criticalreflection on precisely what law students are being offered in their formal education. The aim of this article is to help catalyze discussion of what quality legal education entails. It begins by outlining the current underpinnings of Canadian legal education, especially the foundation of issue identification. Newer developments in legal education are also canvassed.A foundational critique is then applied to elucidate the main weakness of thepresent curricular structure: students are graduating with a flat understanding of the law Employing Dr Oliver Sacks's critique of medical education as a starting point, …
International Law And The 2003 Campaign Against Iraq, Nicholas Rostow
International Law And The 2003 Campaign Against Iraq, Nicholas Rostow
International Law Studies
No abstract provided.
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick
Human Rights & Human Welfare
© Peter Fitzpatrick. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Law and Contemporary Problems
Kaplan discusses the limitations of human behavioral genetics studies, highlighting the research limitations inherent in studying humans and the narrow policy and legal applicability of results arising from behavioral genetics studies.
"When You Come To A Fork In The Road, Take It," And Other Sage Advice For First-Time Law School Exam Takers, Patrick Wiseman
"When You Come To A Fork In The Road, Take It," And Other Sage Advice For First-Time Law School Exam Takers, Patrick Wiseman
Georgia State University Law Review
No abstract provided.
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
Torturing The Law, Jose A. Alvarez
Torturing The Law, Jose A. Alvarez
Case Western Reserve Journal of International Law
No abstract provided.
Legal Pluralism And Human Agency, Jeremy Webber
Legal Pluralism And Human Agency, Jeremy Webber
Osgoode Hall Law Journal
Much legal-pluralist scholarship tends to naturalize "the law of the context," treating that law as though it were inherent in social interaction, emerging spontaneously, without conscious human decision. This view overstates the role of agreement in human societies and mischaracterizes the nature of law, including non-state law. All law is concerned with establishing a collective set of norms against a backdrop of normative disagreement, not agreement. It necessarily contains mechanisms for bringing contention to a provisional close, imposing a collective solution. This article presents a theory of legal pluralism that takes human disagreement seriously. The theory retains four themes crucial …
Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp
Has The Law Of Products Liability Spoiled The True Purpose Of Trademark Licensing? Analyzing The Responsibility Of A Trademark Licensor For Defective Products Bearing Its Mark, Jennifer Rudis Deschamp
Saint Louis University Public Law Review
No abstract provided.
Torture, Morality, And Law, Jeff Mcmahan
Torture, Morality, And Law, Jeff Mcmahan
Case Western Reserve Journal of International Law
No abstract provided.
War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton
War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
ILSA Journal of International & Comparative Law
The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.
Every Dog Can Have Its Day: Extending Liability Beyond The Seller By Defining Pets As "Products" Under Products Liability Theory, Jason Parent
Animal Law Review
Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and, as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animals’ propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering …
The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey
The Ethical Case For European Legislation Against Fur Farming, Andrew Linzey
Animal Law Review
In recent years, several member states in the European Union enacted legislation to regulate or prohibit fur farming. This article calls for further action to ban the practice throughout the European Union. The Author notes animals’ inabilities to protect their own interests and the role of law to protect these vulnerable interests. The Author concludes by responding to the objections of fur farming proponents, ultimately finding no legitimate justification for the documented suffering of animals raised on fur farms.
Cognitive Dissonance In The Classroom: Rationale And Rationalization In The Law Of Evidence, Julie A. Seaman
Cognitive Dissonance In The Classroom: Rationale And Rationalization In The Law Of Evidence, Julie A. Seaman
Saint Louis University Law Journal
No abstract provided.
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.