Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Barry University School of Law (2)
- Brooklyn Law School (2)
- Seattle University School of Law (2)
- University of Colorado Law School (2)
- City University of New York (CUNY) (1)
-
- Eastern Washington University (1)
- Florida International University College of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- New York Law School (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- Selected Works (1)
- Singapore Management University (1)
- University of Dayton (1)
- University of Pittsburgh School of Law (1)
- Keyword
-
- Human rights (2)
- International law (2)
- America (1)
- American Convention (1)
- American Dream (1)
-
- Americans with Disabilities Act (1)
- CRPD (1)
- Codification (1)
- Collaboration; Collaborators; Post-Conflict; Armed Conflict; Second World War; Criminal; Trial; Retribution; Non-Retroactivity; Criminal Justice; Truth Commissions; Persecution; Revenge; Allegiance; Duress; International Law; Citizenship; Quisling; Allied; Vichy; Lustration; Nuremberg; Prosecution; Legality; Crime; Punishment; Victims; Rome Statute; Geneva Convention; South Korea; Norway; Germany; France; Timor-Leste; South Africa; Sierra Leone Nazi; Jewish Police; United Nations; Reconstruction; Rehabilitation; Reconciliation; Truth Commission; Amnesty; War; Capital Punishment; Peace; Coercion (1)
- Comparative Law (1)
- Comparative law (1)
- Conflict of laws (1)
- Convention on the Rights of Persons with Disabilities (1)
- Cyberattacks (1)
- Cybersecurity (1)
- Dispute resolution (1)
- Dispute settlement (1)
- ECOWAS ECOMIG United Nations Peacekeeping Operations The Gambia Liberia ECOMOG (1)
- Energy (1)
- Environment (1)
- Environmental commons (1)
- Environmental justice (1)
- Environmental law (1)
- Environmental protection (1)
- Forced Disappearance (1)
- Gender Equality (1)
- Human Rights (1)
- ICERD (1)
- Immigration (1)
- Impact on U.S. law (1)
- Publication
-
- Barry Law Review (2)
- Publications (2)
- Seattle University Law Review (2)
- 2019 Symposium (1)
- Articles (1)
-
- Articles & Chapters (1)
- Biennial Conference: The Social Practice of Human Rights (1)
- Brooklyn Journal of International Law (1)
- Brooklyn Law Review (1)
- Dissertations and Theses (1)
- FIU Law Review (1)
- Independent Study Project (ISP) Collection (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Research Collection Yong Pung How School Of Law (1)
- Ryan Williams (1)
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Jurisprudence
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Brooklyn Journal of International Law
The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …
The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak
The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak
Biennial Conference: The Social Practice of Human Rights
The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …
Flor Freire V. Ecuador, Raymond Chavez
Flor Freire V. Ecuador, Raymond Chavez
Loyola of Los Angeles International and Comparative Law Review
This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
Brooklyn Law Review
This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels of society. We …
The "Guarantee" Clause, Ryan C. Williams
The "Guarantee" Clause, Ryan C. Williams
Ryan Williams
Article IV’s command that “the United States shall guarantee to every State in this Union a Republican Form of Government” stands as one of the few remaining lacunae in the judicially enforced Constitution. For well over a century, federal courts have viewed the provision — traditionally known as the Guarantee Clause but now referred to by some as the “Republican Form of Government” Clause — as a paradigmatic example of a nonjusticiable political question. In recent years, however, both the Supreme Court and lower federal courts have signaled a new willingness to reconsider this much-criticized jurisdictional barrier in an appropriate …
Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra
Independent Study Project (ISP) Collection
This research explores the impact of the 2015 institution of prosecution guidelines in the Netherlands. Prior to this switch, the Openbaar Ministerie operated using a punishment point system, which provided a mathematical formula with which to decide sanctions. Though the motivation of this change was to make the overall system more efficient and enable individual prosecutors to consider each case in a customizable and more equitable form, this research demonstrates that the change has served instead as a perpetuator (and in some cases, facilitator) of the persistent ethnic and gender biases already at work in the Netherlands. The social and …
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
2019 Symposium
As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Research Collection Yong Pung How School Of Law
The appellant, Shanghai Turbo Enterprises Ltd (“Shanghai Turbo”), is a Singapore-listed company that owns Hong Kong-incorporated Best Success (Hong Kong) Ltd, which in turn owns China-incorporated Changzhou 3D Technological Complete Set Equipment Ltd (“CZ3D”). The respondent, Liu Ming (“Liu”), owned approximately 30% of the shares in Shanghai Turbo. He was also a director of all three companies, and held other management positions there. In April 2017, Shanghai Turbo fired Liu from all his positions in the companies, allegedly because of declining levels of profit under his management. Subsequently, Shanghai Turbo filed a suit against Liu for breaching his service agreement …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon
Immigration's Future: Closing The Door On The American Dream?, Ritcy Canelon
Barry Law Review
No abstract provided.
Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse
Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse
Dissertations and Theses
The African continent has significantly suffered from a great number of civil wars and armed conflicts since the beginning of the independence era in late 1960s. On May 28, 1975, the creation of a regional The African continent has significantly suffered from a great number of civil wars and armed conflicts since organization in West Africa called the Economic Community of West Africa States (ECOWAS) took place. The intent was to achieve "collective self-sufficiency" for its member states by building a full economic and trading union. In the late 1990s, the maintenance of peace and security in the region was …
The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer
The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer
Barry Law Review
No abstract provided.
The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy
The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy
Publications
No abstract provided.
There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein
There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein
Articles & Chapters
This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.
Notwithstanding nearly …
The Circulation Of Judgments Under The Draft Hague Judgments Convention, Ronald A. Brand
The Circulation Of Judgments Under The Draft Hague Judgments Convention, Ronald A. Brand
Articles
The 2018 draft of a Hague Judgments Convention adopts a framework based largely on what some have referred to as “jurisdictional filters.” Article 5(1) provides a list of thirteen authorized bases of indirect jurisdiction by which a foreign judgment is first tested. If one of these jurisdictional filters is satisfied, the resulting judgment is presumptively entitled to circulate under the convention, subject to a set of grounds for non-recognition that generally are consistent with existing practice in most legal systems. This basic architecture of the Convention has been assumed to be set from the start of the Special Commission process, …
Human Rights Racism, Anna Spain Bradley
Human Rights Racism, Anna Spain Bradley
Publications
International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …
The Ilc At Its 70th Anniversary: Its Role In International Law And Its Impact On U.S. Jurisprudence, Siegfried Wiessner, Christian Lee González
The Ilc At Its 70th Anniversary: Its Role In International Law And Its Impact On U.S. Jurisprudence, Siegfried Wiessner, Christian Lee González
FIU Law Review
No abstract provided.