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Articles 1 - 30 of 56
Full-Text Articles in Law
December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz
December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bringing Wal-Mart Jobs to Michigan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 5, 2012: Is Abortion Next?, Bruce Ledewitz
December 5, 2012: Is Abortion Next?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Abortion Next?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
International Human Rights Are Taking Hold In U.S. States, Cities, And Towns, Human Rights Institute
International Human Rights Are Taking Hold In U.S. States, Cities, And Towns, Human Rights Institute
Human Rights Institute
New York, NY (December 10, 2012) – Incorporating human rights into local policies and decision-making leads to effective, sustainable, and responsive policies, according to a new report released today by Columbia Law School’s Human Rights Institute.
Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute
Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute
Human Rights Institute
State and local governments play an essential role in promoting and protecting human rights. Within the United States, agencies and officials at the municipal, city, county and state levels can help fulfill human rights by ensuring dignity, equality and opportunity for everyone in their jurisdiction.
Recognizing the value of human rights, state and local agencies and officials across the United States are incorporating international human rights standards in their daily work. As illustrated by examples throughout this report, integrating human rights into local law, policy and practice can enhance government decision-making and respond directly to local needs. It also allows …
United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)
United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)
Human Rights Institute
The U.S. government is engaged in targeted killings through drone strikes (and other aircraft) in Pakistan, Yemen, Somalia and elsewhere, which have resulted in the deaths of thousands of people. U.S. practice is characterized by secrecy and an unwillingness even to engage directly with concerns about civilian harm, let alone to provide accountability for civilian deaths and injury. Despite calls for disclosure from UN experts and non- governmental organizations, the U.S. government uses vague and shifting legal standards, and fails to disclose the basis for strikes or the steps it takes to minimize harm to civilians and investigate reported violations …
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
Scholarly Articles
This Review Essay examines Mark Freeman’s thoughtful book, Necessary Evils: Amnesties and the Search for Justice. One of the book’s core arguments is that amnesties from criminal prosecution, however unpalatable to liberal legalist sensibilities, should not be entirely purged from the toolbox of post-conflict transitions. Although advancing this argument, Freeman also struggles with it, and ultimately builds a very restrained and heavily technocratic defense of the amnesty. This Review Essay weighs this argument, among others, on its own terms and also within the context of recent events that post-date the book’s publication. The result is a vibrant exposition of …
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …
Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert C. Blitt
Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert C. Blitt
Scholarly Works
To what extent should or must a corporation contemplate international human rights law? Following a brief discussion of the increasing influence of transnational corporations and global business transactions, as well as the growth of the international human rights system, this Article uses the 2011 United Nations’ Guiding Principles on the effective prevention of, and remedy for, business-related human rights harm as a jumping-off point for addressing the most recent developments related to identifying and regulating business-related human rights practices. After identifying an emerging divide between endorsement and criticism of the Guiding Principles, the Article concludes with a forward-looking view, arguing …
Civilian Impact Of Covert Drone Operations Overlooked, Human Rights Clinic
Civilian Impact Of Covert Drone Operations Overlooked, Human Rights Clinic
Human Rights Institute
WASHINGTON, DC Sept. 30, 2012 — As US covert drone strikes become more entrenched as an accepted counterterrorism strategy, the US government needs to conduct a thorough accounting of the impact on civilians, said a new report released today by Columbia Law School’s Human Rights Clinic and Center for Civilians in Conflict.
August 24, 2012: Abortion And Rape, Bruce Ledewitz
August 24, 2012: Abortion And Rape, Bruce Ledewitz
Hallowed Secularism
Blog post, “Abortion and Rape“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance
Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance
Columbia Center on Sustainable Investment Staff Publications
The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.
At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.
A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …
June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz
June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz
Hallowed Secularism
Blog post, “ MASSACHUSETTS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion at Occupy Wall Street“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …
Indigenous Communities In Peru And The Peruvian Nation State, Jenna Rose Scanlon
Indigenous Communities In Peru And The Peruvian Nation State, Jenna Rose Scanlon
Honors College Theses
In today’s society there are indigenous communities that live and thrive the way that their ancestors did. These people try and maintain their culture while modern society tries to impose their beliefs and practices on them. Peru is a country that is quickly developing and westernizing. These indigenous communities in Peru are considered citizens but do not receive the rights that are granted to them by their constitutions. They have their land unlawfully seized, they are forced into menial jobs where they are abused and exploited, they do not receive adequate education if any, and they are excluded from the …
April 20, 2012: Back To The Bishops, Bruce Ledewitz
April 20, 2012: Back To The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Faculty Publications
No abstract provided.
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Dissertations & Theses
The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Sea Change In Security: How The ‘War On Terror’ Strengthened Human Rights, Michael Galchinsky
A Sea Change In Security: How The ‘War On Terror’ Strengthened Human Rights, Michael Galchinsky
English Faculty Publications
In many ways the Bush administration's "war on terror" weakened states' respect for their human rights obligations, and the UN Security Council's initial response to 9/11 seemed to follow the Bush administration's lead. In keeping with its historical lack of engagement with human rights questions, the SC in 2001-2003 did little to ensure that the counter-terrorism measures it demanded of states would take their obligations under human rights and humanitarian law into account. However, starting in 2002, a backlash against the perceived excesses wrought by the SC’s counter-terrorism measures gained momentum. Other UN bodies, as well as NGOs, regional intergovernmental …
Thinking Locally: Law, Aging And Municipal Government: Findings From A National Survey, A. Kimberley Dayton, Israel (Issi) Doron
Thinking Locally: Law, Aging And Municipal Government: Findings From A National Survey, A. Kimberley Dayton, Israel (Issi) Doron
Faculty Scholarship
Municipal law, which has been largely ignored in the body of elder-rights scholarship, often plays a far more important role in the everyday lives of older persons than the principally aspirational concepts of international law. Accordingly, this article examines how well modern cities have fulfilled their potential role in assuring the civil and human rights of older persons. The author concludes, based on the results of a national study, that local law is not currently fulfilling its potential as a means to expand the rights of older citizens. Few cities across the country appear to have taken more than minor …
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
Holocaust-Era Claims In The 21st Century: Hearing Before The S. Comm. On The Judiciary, 112th Cong., June 20, 2012 (Statement Of Edward T. Swaine, Professor Of Law, Gw Law School), Edward T. Swaine
GW Law Faculty Testimony Before Congress & Agencies
No abstract provided.
Competing Paradigms? The Use Of Dna Powers In Youth Justice, Liz Campbell
Competing Paradigms? The Use Of Dna Powers In Youth Justice, Liz Campbell
Faculty Scholarship
Collecting deoxyribonucleic acid (DNA) from crime scenes and individuals is now regarded as a critical element of effective criminal investigation and prosecution. Numerous benefits are said to accrue from the gathering and comparison of DNA evidence: suspects may be speedily identified, innocent parties ruled out, the wrongfully convicted exonerated and some would-be criminal actors deterred. Retention of DNA in state controlled databases allows for speculative searching to identify subsequent offending and to provide leads for unsolved crimes. The collection and retention of convicted adults’ DNA has been held by European and US courts to be a proportionate incursion on human …
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Scholarly Articles
The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner
Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner
All Faculty Scholarship
This article focuses on an unresolved issue within international trade law and policy, namely whether there is a need to consider gender-differentiated impacts of trade agreements and if so, how such impacts should be addressed. The author argues in favor of a gender aware approach to trade, discussing this topic within the context of regional trade agreements (“RTAs”), which are being used increasingly as a route to economic integration among nations. While there is evidence of gender-differentiated impacts of trade liberalization, there has been little progress made in advancing an agenda to address gender issues at the level of multilateral …