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Articles 1 - 23 of 23

Full-Text Articles in Legal History

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala Oct 2004

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris Aug 2004

A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris

ExpressO

Attempts to outlaw political groups that are alleged to approve the use of violence, to limit the expression of views that challenge the core values of democratic nation-states, and to ban radical, separatist, or religious political parties are more widespread in recent years than at any other time since 1945. They gave rise in the last few years to litigation in Constitutional Courts and Supreme Courts in Spain, Germany, Turkey, France, Israel, and Latvia, as well as in the European courts.

The present article tells the story of the encounter in the years 1959-1965 between the Pan-Arab national movement El …


Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala Mar 2004

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala Mar 2004

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf Mar 2004

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.


Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel Jan 2004

Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel

Jonathan Yovel

By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration and …


Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala Jan 2004

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Editor's Note, Melanie Nakagawa, Kirk Herbertson Jan 2004

Editor's Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton Jan 2004

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

All Faculty Scholarship

No abstract provided.


Volume 4 Issue 2, Sustainable Development Law & Policy Jan 2004

Volume 4 Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas Jan 2004

Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas

Sustainable Development Law & Policy

No abstract provided.


National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai Jan 2004

National Implementation Of The International Prior Informed Consent Procedures Concerning Hazardous Chemicals And Wastes, Masa Nagai

Sustainable Development Law & Policy

No abstract provided.


Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere Jan 2004

Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere

Sustainable Development Law & Policy

No abstract provided.


Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay Jan 2004

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.


Free, Prior And Informed Consent And The World Bank Group, Robert Goodland Jan 2004

Free, Prior And Informed Consent And The World Bank Group, Robert Goodland

Sustainable Development Law & Policy

No abstract provided.


Ethnic Groups And International Law: A Status Report On International Legal Personality At The Beginning Of The New Century, Steven M. Schneebaum Jan 2004

Ethnic Groups And International Law: A Status Report On International Legal Personality At The Beginning Of The New Century, Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

International Law and Ethnic Conflict edited by David Wippman. Ithaca, NY: Cornell University Press, 1998. 368pp.


Human Rights And National Security: The Strategic Correlation, William W. Burke-White Jan 2004

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

All Faculty Scholarship

No abstract provided.


Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh Jan 2004

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …


Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov Jan 2004

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.


Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner Jan 2004

Creating A Public Defender System In The Shadow Of The Israeli – Palestinian Conflict, Kenneth Mann, David Weiner

NYLS Law Review

No abstract provided.


Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank Jan 2004

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Conceptual Jurisprudence Of The German Constitution, William Ewald Jan 2004

The Conceptual Jurisprudence Of The German Constitution, William Ewald

All Faculty Scholarship

No abstract provided.


Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh Jan 2004

Lecture Commentary On Islam And International Law: Toward A Positive Mutual Engagement To Realize Shared Ideals, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

An-Na'im as I read him is postulating a process theory when it comes to the relationship of Islamic law to international law. He is advocating a bargaining relationship in which the Islamic side and the international side meet as equals in negotiating their contributions to the universal international. This process-based equality can only be achieved if, first, the international eschews its We sternness and the Islamic retains its internal sense of diversity, indeed secularism. The international abandons its Westernness when it abandons its pre-World War II impulse to colonize, imperialize, and hegemonize, acts which at heart render equality in the …