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Articles 1 - 11 of 11
Full-Text Articles in Comparative and Foreign Law
Assisted Dying, Charles Baron
Assisted Dying, Charles Baron
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos
Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos
BYU Law Review
No abstract provided.
Antecedents, Perspectives, And Projections Of A Legal Project About Religious Liberty In Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco
Antecedents, Perspectives, And Projections Of A Legal Project About Religious Liberty In Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco
BYU Law Review
No abstract provided.
Political Minorities And The Right To Tolerance: The Development Of A Right To Conscientious Objection In Constitutional Law, Jose De Sousa E Brito
Political Minorities And The Right To Tolerance: The Development Of A Right To Conscientious Objection In Constitutional Law, Jose De Sousa E Brito
BYU Law Review
No abstract provided.
Impeachment As A Technique Of Parliamentary Control Over Foreign Affairs In A Presidential System, Lori Fisler Damrosch
Impeachment As A Technique Of Parliamentary Control Over Foreign Affairs In A Presidential System, Lori Fisler Damrosch
Faculty Scholarship
The central inquiry for this essay is the proper use of the impeachment tool in foreign relations contexts, including war powers. In Part I, the essay begins with a brief review of British impeachment practice (limited to war and foreign policy concerns) known to the Founding generation and reflected in certain fundamental texts of the Founding; this treatment does not betoken any originalist orientation on my part (au contraire) but will set the context for later developments. Part II then turns to the travails of President Andrew Johnson as seen through the eyes of Walter Bagehot, the author of …
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
Faculty Scholarship
This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …
Victims As Cost Bearers, Richard Adelstein
Victims As Cost Bearers, Richard Adelstein
Richard Adelstein
A brief recasting of the price exaction model.
The Origins Of Property And The Powers Of Government, Richard Adelstein
The Origins Of Property And The Powers Of Government, Richard Adelstein
Richard Adelstein
The alternating influence of Locke and Bentham in American constitutional law.
New Migration And Racism In Cyprus: The Racialisation Of Migrant Workers, Nicos Trimikliniotis
New Migration And Racism In Cyprus: The Racialisation Of Migrant Workers, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper sets out to examine the processes of racialisation of temporary migrant or 'foreign' labour in Cyprus, a country traditionally exporting migrants but recently transformed into one of hosting migrants. It considers policies and rights relating to migrant workers and examines discourses around migration found in the Greek Cypriot press and magazines. It also examines the role of employers and trade unions in the racialisation of migrant workers. It considers how conceptualisations of ‘race’ and racism, and their interrelation with class, are useful in understanding and explaining the processes by which the people are excluded, inferiorised and exploited.