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Full-Text Articles in Law

Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo Dec 2014

Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo

Muna B Ndulo

No abstract provided.


Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Dec 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

William & Mary Journal of Race, Gender, and Social Justice

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural ...


A Behavioral Approach To Human Rights, Andrew K. Woods Dec 2014

A Behavioral Approach To Human Rights, Andrew K. Woods

Andrew Keane Woods

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In ...


Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil Oct 2014

Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil

Georgia Journal of International & Comparative Law

No abstract provided.


Mercenaries, Myrmidons, And Missionaries, Robert Bejesky Oct 2014

Mercenaries, Myrmidons, And Missionaries, Robert Bejesky

University of Arkansas at Little Rock Law Review

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin Sep 2014

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


Clinical Legal Education In Afghanistan: Next Steps, Stephen A. Rosenbaum Sep 2014

Clinical Legal Education In Afghanistan: Next Steps, Stephen A. Rosenbaum

Publications

Law and Shari’a faculties in Afghanistan now have a critical mass of professors trained in the principles of interactive teaching and experiential education. Many deans and other administrators are keen on the idea of hosting a legal clinic or an innovative educational model. Piloting a clinical program requires a team of junior and senior faculty members who remain in continuous and long-term contact with their peers and practitioners across the nation, and with clinicians in the Global South and North. This should include a partnership with a reputable law school abroad for study, clinical practice and clinic tutorials; assistance ...


Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson Jul 2014

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

United States Negotiates Prisoner Exchange to Secure Release of U.S. Soldier Held in Afghanistan • United States Refuses to Grant Visa to Iranian UN Envoy • Multilateral Naval Code of Conduct Aims to Prevent Unintended Conflict in Contested Areas of East and South China Seas • Senate Approves Treaties to Regulate Fishing • United States Indicts Chinese Military Officials for Economic Espionage • U.S. Supreme Court Declines to Terminate Long-Running Efforts to Force Argentina to Pay Defaulted Sovereign Debt • United States Condemns Uganda’s Antigay Law as Violating Human Rights • President Barack Obama Certifies That U.S. Peacekeepers in Mali Are Immune from ...


Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Jan 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

Isaac Kfir

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture. Additionally, they also argue that women’s issues exist within the private realm. Accordingly, they assert that such reforms are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. Using ...


The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks Jan 2014

The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks

Faculty Scholarship

2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.


Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson Jan 2014

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

• Progress Is Made Implementing U.S.-Russia Framework for Eliminating Syrian Chemical Weapons • United States Advocates for Syrian Peace Conference • United States Extends Deadline for Signing of Bilateral Security Agreement with Afghanistan • China Announces New Air Defense Identification Zone over East China Sea, Prompting U.S. Response • United States and Six Other States Reach Interim Agreement on Iranian Nuclear Program


"Kill 'Em And Sort It Out Later:" Signature Drone Strikes In International Humanitarian Law, Kristina Benson Dec 2013

"Kill 'Em And Sort It Out Later:" Signature Drone Strikes In International Humanitarian Law, Kristina Benson

K Benson

As of this writing, signature drone strikes have been used to kill thousands of people in Yemen, Pakistan, and Afghanistan. Signature strikes, where unknown individuals are targeted for their “signatures,” or behavioral patterns, have killed or injured hundreds of civilians, caused massive psychological trauma among civilian populations, complicated the relationship between the U.S. and Pakistan, and compromised the stated objective of winning hearts and minds. Even so, no scholarly articles have focused on signature strikes’ legality under International Humanitarian Law. This paper uses on-the-ground investigative reports and recently leaked, Justice Department legal analysis to argue that signatures are a ...


International Law And American Foreign Policy: Revisiting The Law Versus Policy Debate, Hengameh Saberi Dec 2013

International Law And American Foreign Policy: Revisiting The Law Versus Policy Debate, Hengameh Saberi

Hengameh Saberi

When addressing controversial foreign policy questions, international law scholars in the U.S. persistently frame the debate as a conflict between law and policy. From Vietnam to Afghanistan and beyond, this opposition has dominated and defined the way U.S. legal scholars have used international law to engage with significant foreign affairs at least since the Second World War. In this paper, I argue that the law-versus-policy opposition often leads the debates to a deadlock, constraining and neutralizing the best potential of international law to be both a problem-solving and political tool to respond to novel challenges of international relations ...