Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (746)
- International Law (556)
- International Humanitarian Law (196)
- Civil Rights and Discrimination (171)
- Law and Society (158)
-
- Constitutional Law (143)
- Criminal Law (127)
- Comparative and Foreign Law (121)
- Military, War, and Peace (88)
- Public Law and Legal Theory (85)
- Law and Gender (83)
- Law and Politics (79)
- Jurisprudence (74)
- Criminal Procedure (69)
- Legal History (69)
- Social and Behavioral Sciences (69)
- Immigration Law (60)
- Health Law and Policy (59)
- Courts (58)
- Sexuality and the Law (54)
- Family Law (48)
- Legislation (45)
- Juvenile Law (42)
- International Trade Law (38)
- Arts and Humanities (37)
- Social Welfare Law (37)
- Religion Law (36)
- Civil Law (35)
- Law and Economics (35)
- Institution
-
- SelectedWorks (798)
- Selected Works (288)
- BLR (159)
- U.S. Naval War College (136)
- American University Washington College of Law (114)
-
- University of North Carolina School of Law (14)
- Georgetown University Law Center (13)
- Cornell University Law School (10)
- University of Pennsylvania Carey Law School (10)
- Barry University School of Law (9)
- Chicago-Kent College of Law (9)
- University of South Carolina (9)
- Villanova University Charles Widger School of Law (9)
- Nova Southeastern University (5)
- School of Education and Human Development at the University of Colorado Denver (5)
- University of Georgia School of Law (5)
- Pace University (4)
- Penn State Dickinson Law (3)
- Schulich School of Law, Dalhousie University (3)
- University of Baltimore (3)
- University of Maryland Francis King Carey School of Law (3)
- Fordham Law School (2)
- Golden Gate University School of Law (2)
- Howard University (2)
- Notre Dame Law School (2)
- Seattle University School of Law (2)
- Southern Methodist University (2)
- St. Thomas University College of Law (2)
- Syracuse University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Publication Year
- Publication
-
- ExpressO (156)
- International Law Studies (136)
- Articles in Law Reviews & Other Academic Journals (111)
- George P Smith (28)
- Jack C Dolance II (22)
-
- David B Kopel (19)
- All Faculty Scholarship (18)
- Jonathan Todres (17)
- Mark A. Drumbl (17)
- Faculty Publications (15)
- Faculty Scholarship (15)
- Molly K. Land (15)
- David M. Smolin (14)
- Eric H Schepard (12)
- Hezi Margalit (12)
- Winston P Nagan (12)
- Bartram Brown (10)
- James Thuo Gathii (9)
- Peter G. Danchin (9)
- Working Paper Series (9)
- Allen E Shoenberger (8)
- Gregory S. Gordon (8)
- Ligia M. De Jesus (8)
- Morris K Mbondenyi (8)
- O'Neill Institute Papers (8)
- South Carolina Law Review (8)
- Daniel Kanstroom (7)
- David C. Gray (6)
- Justin Schwartz (6)
- Peter J Honigsberg (6)
- Publication Type
Articles 1 - 30 of 1664
Full-Text Articles in Law
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Scholarship@WashULaw
The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
International Law Studies
In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …
The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber
The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber
Electronic Thesis and Dissertation Repository
This thesis concerns the Right to Development (the R2D), which was declared an inalienable human right by the United Nations General Assembly (UNGA) in the non-binding Declaration on the Right to Development (the DR2D) in 1986. It asserts that the R2D was not declared in a realizable manner, explaining the causes of identified doctrinal shortcomings. It explores the emergence of the R2D within the confluence of two post-1945 movements, being decolonization and the international human rights project, asserting that these movements were closely intertwined and substantively influenced by jurists from the Global South. The thesis then examines the political evolution …
Following In California’S Footsteps?: Pennsylvania Eliminates The De Minimis Exception In State Wage And Hour Claims, Lauren E. Stahl
Following In California’S Footsteps?: Pennsylvania Eliminates The De Minimis Exception In State Wage And Hour Claims, Lauren E. Stahl
Dickinson Law Review (2017-Present)
Under the Fair Labor Standards Act (“FLSA”), employers risk receiving wage and hour violations if they fail to compensate employees for all “hours worked” or fail to adhere to minimum wage and overtime requirements. The de minimis doctrine provides an exception to this general rule and excuses employers from compensating employees for insignificant amounts of time spent on otherwise compensable off-the-clock work activities. Examples of de minimis off-the-clock work activities include waiting for a computer to load or waiting to log onto a computer network. These activities are considered de minimis because they take only a minute or less, and …
It’S About Time: Rejection Of The De Minimis Doctrine In State Wage And Hour Laws, Abigail Britton
It’S About Time: Rejection Of The De Minimis Doctrine In State Wage And Hour Laws, Abigail Britton
Dickinson Law Review (2017-Present)
Since the passage of the Fair Labor Standards Act (“FLSA”) in 1938, courts have grappled with how to interpret which activities an employee performs for their employer should be considered “work.” The FLSA requires employers pay a minimum wage, pay overtime, and keep records of their employees’ time. However, to calculate these wages based on hours worked, the employer must know what constitutes “work.” Over the 80 years since its enactment, federal courts have adopted rules to determine what counts as work. One doctrine courts apply is the de minimis doctrine. Under the de minimis doctrine, employers do not need …
Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy
Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy
American University Law Review
When “diving” into consideration of sea-level rise issues, one finds various “pools” of international law that are perfectly suited for answering some of the issues we are addressing. For example, Professor Galvão Teles spoke about the protection of persons in the event of sea-level rise. There are, of course, various aspects of human rights law and international law relating to disasters that can be employed to resolve some of the concerns in that regard. It is just a question of applying that law to a new, factual phenomenon.
Having said that, there are some areas where existing international law is …
Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham
Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham
International Law Studies
This article aims at elucidating the human rights of conscientious objectors to military service and offers detailed substantive guidance for protecting their rights vis-à-vis armed non-State actors and de facto authorities. Persons who live in territory controlled by armed groups or de facto authorities often face human rights protection gaps, for example their freedom of conscientious objection may not be recognized or fully implemented. This article analyzes the practice by international human rights mechanisms in their engagement with de facto authorities in Afghanistan (Taliban), Cyprus (northern part), the Republic of Moldova (Transnistrian region), and Azerbaijan (Nagorno-Karabakh region), along with the …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Law Studies
The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Promoting Diversity As Professionalism, Davis G. Yee
Promoting Diversity As Professionalism, Davis G. Yee
South Carolina Law Review
No abstract provided.
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Seattle University Law Review
Through an in-depth examination of Hernández, the Inter-American Human Rights System, and the success of Mexico’s partnership with said system, this Note will make a case for embracing human rights bodies— specifically, the Inter-American System on Human Rights—as an appropriate and necessary check on the structures that form the United States government. Part I will look closely at the reasoning and judicially created doctrine that guided the decision in Hernández, with the goal of providing a better understanding of the complicated path through the courts that led to a seemingly straightforward yet unsatisfying result. Part II will illustrate the scope …
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Evolving Standards Of Irrelevancy?, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe
Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe
Theses and Dissertations
The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …
A Law And Politics Contextualization Of Corporate Activism In Nigeria’S 2020 Anti-Police Brutality Campaign, Okanga Ogbu Okanga
A Law And Politics Contextualization Of Corporate Activism In Nigeria’S 2020 Anti-Police Brutality Campaign, Okanga Ogbu Okanga
Articles, Book Chapters, & Popular Press
Corporate activism – the progressive pursuit of social justice causes by corporations – is a growing global phenomenon. There are increasing expectations and, in many cases, demands that corporations pull off their gloves to actively confront sociopolitical issues bedevilling their communities. Emerging scholarship suggests that corporate activism is influenced by various factors, including the ethical, political, and commercial orientations of corporate minds and the relative political and legal landscape within which corporations operate. Adopting a qualitative research mechanism that reflects on open-source information about relevant actors, collected from blogs, Twitter, and news sites, as complemented by a broad variety of …
Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic
Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic
International Law Studies
This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian …
The International Law Of Prolonged Sieges And Blockades: Gaza As A Case Study, Eyal Benvenisti
The International Law Of Prolonged Sieges And Blockades: Gaza As A Case Study, Eyal Benvenisti
International Law Studies
In 2007, after Hamas’ takeover of the Gaza Strip, the area was subjected to an Israeli land siege, complemented in 2009 by a sea blockade. Since then, the already-dire living conditions in the Strip have declined consistently and the area’s dependence on external aid has grown. This essay examines the duties of a military power in imposing what is effectively a years-long confinement of people and outlines a general argument for expanding the obligations of a party that imposes a prolonged siege or blockade. I consider these obligations in light of three potentially relevant legal frameworks: the law of occupation; …
Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross
Faculty Scholarship
No abstract provided.
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Faculty Scholarship
No abstract provided.
Foreign Cyber Interference In Elections, Michael N. Schmitt
Foreign Cyber Interference In Elections, Michael N. Schmitt
International Law Studies
In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria, Estonia, France, Germany, Hungary, …
Protection Of Data In Armed Conflict, Robin Geiss, Henning Lahmann
Protection Of Data In Armed Conflict, Robin Geiss, Henning Lahmann
International Law Studies
This article presents a novel way to conceptualize the protection of data in situations of armed conflict. Although the question of the targeting of data through adversarial military cyber operations and its implications for the qualification of such conduct under International Humanitarian Law has been on scholars’ and states’ radar for the last few years, there remain a number of misunderstandings as to how to think about the notion of “data.” Based on a number of fictional scenarios, the article clarifies the pertinent terminology and makes some expedient distinctions between various types of data. It then analyzes how existing international …
Transitional Justice As Communication: Why Truth Commissions And International Criminal Tribunals Need To Persuade And Inform Citizens And Leaders, And How They Can, Jamie O'Connell
South Carolina Law Review
No abstract provided.
The Human Dimension Of Peace And Aggression, Chiara Redaelli
The Human Dimension Of Peace And Aggression, Chiara Redaelli
International Law Studies
Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …
Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad
Climate Cages: Connecting Migration, The Carceral State, Extinction Rebellion, And The Coronavirus Through Cicero And 21 Savage, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
“Something There Is That Doesn’T Love A Wall:” A Reflection On The Constitutional Vulnerabilities Of The Southwest Border Wall, Hope M. Babcock
“Something There Is That Doesn’T Love A Wall:” A Reflection On The Constitutional Vulnerabilities Of The Southwest Border Wall, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic
Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic
International Law Studies
Are there are any special rules of attribution in international law? Are there, in other words, imputational rules that are not recognized as such in general international law, but are specific to particular branches of international law? This is the first article to systematically analyze the notion of special rules of attribution in international law. In particular, it searches for such rules in international humanitarian law, the law on the use of force, and European human rights law.
The article argues that, to the extent special rules of attribution exist, they are rare and never uncontroversial. In most situations, putative …
Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad
Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio
Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Syrian Refugee Crisis Within Europe: A Matter Of Politics, Not Capacity, Anita Frances Shenoi
The Syrian Refugee Crisis Within Europe: A Matter Of Politics, Not Capacity, Anita Frances Shenoi
CMC Senior Theses
This thesis examines factors that enabled the influx of Syrian refugees to the European Union and traces their plight in Europe as one of the greatest humanitarian crises since World War II. The migration of refugees to European countries is a result of Syrians facing religious, racial, and social persecution, and immediate danger from proximity to on the ground conflict in Syria. The Syrian refugee crisis in Europe is occurring, in part, because there is a concentrated effort on behalf of Member States to change the definition of displacement to fit narratives more conducive to each countries’ individual preferences. European …
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.