Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, 2016 Columbia University
Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson
This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.
Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, 2016 University of Windsor
Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, Michael J. Crawford
Biological Sciences Publications
Recent research in the emerging field of epigenetics has implications with the potential to re-ignite acrimony in the discourse of reproductive rights, medical ethics, and the role of the state in our homes and in our lives. For scientists, epigenetics has profoundly realigned our understanding of heredity: epigenetics provides a mechanism through which the environmental challenges met in one generation can be inscribed and transmitted to future offspring. Although both genetic parents have the potential to transmit heritable epigenetic changes to their offspring, mothers have a particularly potent effect because nutrition in the uterine environment can exert a supplemental effect ...
Human Trafficking, 2016
Human Trafficking, Cheryl George, Professor, Robert W. Piatt, Jr.
Lessons From History: The Recent Applicability Of Matrimonial Property And Human Rights Legislation On Reserve Lands In Canada, 2016 University of Western Ontario
Lessons From History: The Recent Applicability Of Matrimonial Property And Human Rights Legislation On Reserve Lands In Canada, Stacey L. Mactaggart
Western Journal of Legal Studies
The 1986 decisions of Derrickson v Derrickson and Paul v Paul highlighted the legislative gaps in the Indian Act with respect to the division of on-reserve matrimonial property. Provincial family property legislation could not apply to account for the absence of matrimonial land rights provisions in the federal Indian Act. This is because the Supreme Court of Canada rigidly applied the doctrine of interjurisdictional immunity. Indigenous women have been disproportionately affected by the lack of on-reserve matrimonial real property provisions. The recent enactment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (MIRA) is meant to finally ...
Online Dispute Resolution And Autism Spectrum Disorder: Levelling The Playing Field In Disputes Involving Autistic Parties, Roland Gérard Keepseeyuk Troke-Barriault
Western Journal of Legal Studies
Often, the overall success of an Alternative Dispute Resolution (ADR) process hinges on the ability of a neutral third party to establish a level playing field supported by a sense of equal bargaining power between disputants. Most forms of ADR, including traditional approaches to mediation and arbitration, are characterized by in-person interactions, where disputants and third parties communicate through a combination of verbal and nonverbal cues. Though many believe that this form of interaction is crucial for effective communication, it may result in significant disadvantages for autistic parties who face difficulties properly discerning the intentions or meaning of these cues ...
The Grapes Of Wrath: On The Health Of Immigration Detainees, 2016 William S. Boyd School of Law, University of Nevada, Las Vegas
The Grapes Of Wrath: On The Health Of Immigration Detainees, Stacey A. Tovino
Boston College Law Review
This Article challenges the lack of health care provided to individuals in U.S. Immigration and Customs Enforcement (“ICE”) custody. As background, many immigration detainees are physically and emotionally vulnerable at the time of initial confinement due to a history of torture and trauma, which may include human trafficking, sexual violence, political oppression, psychosocial trauma, and acculturative stress. Detention can exacerbate preexisting vulnerabilities and contribute to severe physical and mental illness as well as death. Between October 2003 and October 2015, 153 individuals died while in ICE custody. Although most proposals for detainee health reform borrow heavily from constitutional law ...
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, 2016 St. Thomas University
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
Off Target: Selection, Precaution, And Proportionality In The Dod Manual, 2016 U.S. Naval War College
Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque
International Law Studies
The United States Department of Defense Law of War Manual misrepresents customary international law governing target selection, precautions in attack and proportionality. Contrary to the Manual’s assertions, attackers with a choice of targets for obtaining a similar military advantage must select the target that endangers the fewest civilians; often must avoid harming civilians even at some additional risk to themselves or to their mission; and must refrain from attack if the expected harm to civilians—including to civilians forced to serve as human shields—would be excessive in relation to the anticipated military advantage.
The Combatant’S Stance: Autonomous Weapons On The Battlefield, 2016 U.S. Naval War College
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
International Law Studies
Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for ...
El Debate Del Galeón San Josè , Reflexiones Jurìdicas(1).Rtf, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
Handbook To Treaty 12th January 2016.Pdf, Jonathan M Bhagan
Jonathan m Bhagan
Development, 2016 Boston College Law School
Development, Frank J. Garcia
Boston College Law School Faculty Papers
Development is about aspiration—our longing for a better life as individuals and as a community—and respect, as we individually and collectively recognize and support these aspirations. Development requires the freedom to define and choose that better life; a fair share of the resources needed to realize that life; and narratives of where we currently stand with regard to our aspirations and why, where we want to go, and what it will take to get there. This means that development inevitably takes place in and through politics, law, and the social sciences (especially economics), as we work to articulate ...
Petition For Certiorari, 2016
Petition For Certiorari, Curtis J Neeley, Jr
Curtis J Neeley Jr
La Cour Européenne Des Droits De L'Homme Face Au Secret Bancaire, Fabien Liegeois
What's Going On In Our Prisons?, 2016 Pace Law School
What's Going On In Our Prisons?, Michael B. Mushlin
Pace Law Faculty Publications
Additional governmental oversight is urgently needed to truly change the culture of a system that holds 53,000 inmates across 54 prisons in New York State. What goes on inside these prisons is largely hidden from view, and there is little accountability for wrongdoing. The State Legislature should follow the A.B.A.’s guidance and establish a monitoring body with unfettered access to prison facilities, staff, inmates and records in announced or unannounced visits.
Standing And Collective Cultural Rights, 2016 University of Technology, Sydney
Standing And Collective Cultural Rights, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of ...
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, 2016 SelectedWorks
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, 2016 SelectedWorks
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, 2016 University of Technology, Sydney
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and ...
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, 2016 University of Technology, Sydney
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation ...