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Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet 2018 Yale Law School

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj 2018 National Institute of Technology, Srinagar

Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj

Violence Against Women conference

Documentation of life under militarization has mostly been done by “men writing about men.” The need to have a gendered perspective of conflict and war was only recently introduced in the academic discourse after the collective violence against the women of Bosnia and Rwanda in the 1990s was given the attention it deserved by the international media. In Kashmir, women are subjected to violence through physical, sexual, and mental harassments. The very nature of the conflict has pushed Kashmiri women to the wall, putting the burden of violence on their shoulders. Women face physical and sexual assault at checkpoints, during ...


Approaches To Justice, Katie Pleiss 2018 Emory University

Approaches To Justice, Katie Pleiss

Georgia Undergraduate Research Conference (GURC)

Approaches to Justice

How do we seek justice in this country? What issues surround incarceration? How are the effects of mass incarceration felt in local communities? I am currently addressing these research questions, among others, as I engage with the criminal justice system through my year-long research at Emory’s Oxford College and in prisons and with nonprofits throughout Georgia. I am reading and evaluating texts centering around theories of incarceration, the death penalty, and criminal justice reform, including Bryan Stevenson’s Just Mercyand Michelle Alexander’s New Jim Crow. I also interned with The Georgia Innocence Project this ...


Energy Justice: Us And International Perspectives, Carmen G. Gonzalez, Elizabeth A. Kronk Warner, Raya C. Salter 2018 Seattle University

Energy Justice: Us And International Perspectives, Carmen G. Gonzalez, Elizabeth A. Kronk Warner, Raya C. Salter

Carmen G. Gonzalez


Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems ...


An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez 2018 Seattle University

An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez

Carmen G. Gonzalez


This chapter examines the global environmental justice and energy justice implications of the laws and policies of the United States and the European Union that promote the production and consumption of biofuels. Replacing fossil fuels with biofuels derived from renewable organic matter has been advocated as a means of mitigating climate change, achieving energy security, and fostering economic development in the countries that cultivate the crops used as biofuel feedstocks.  Regrettably, the growing demand for biofuels in the Global North has produced significant harm in the Global South—ravaging local ecosystems, depressing food production, and depriving vulnerable communities of access ...


U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte 2018 University of Miami Law School

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump ...


The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano 2018 University of Miami Law School

The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano

University of Miami Law Review

Like toilet paper, menstrual hygiene products, such as tampons and pads, are necessities for managing natural and unavoidable bodily functions. However, menstrual hygiene products widely receive separate treatment in restrooms across the globe. While it would be absurd today to carry a roll of toilet paper at all times, it is considered necessary and common sense for all menstruators to carry menstrual hygiene products at all times, for approximately forty years, in case of an emergency. This is the “Bring Your Own Tampon” (“BYOT”) policy and it is a violation of human rights and equal protection.

This Note seeks to ...


Resolute Advocacy, The Notwithstanding Clause, And Counsel’S Conundrum: A Note On Toronto (City) V Ontario (Attorney General), Andrew Flavelle Martin 2018 Allard School of Law at the University of British Columbia

Resolute Advocacy, The Notwithstanding Clause, And Counsel’S Conundrum: A Note On Toronto (City) V Ontario (Attorney General), Andrew Flavelle Martin

Faculty Publications

A lawyer’s duties to the client must be balanced against, among other things, his or her duties to the court. There are some instructions that counsel should not follow. In Toronto (City) v Ontario (Attorney General), counsel for Ontario followed problematic instructions that I argue he should have refused. Ontario, while seeking leave pending appeal from a decision striking down legislation as an unjustifiable infringement of the Canadian Charter of Rights and Freedoms, had begun the process of passing a corresponding bill that invoked the Charter’s notwithstanding clause or override. During the stay hearing, counsel for Ontario stated ...


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei 2018 Western University

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia 2018 Seattle University School of Law

Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia

Seattle University Law Review

This Comment explores the current constitutional discourse of sanctuary laws and compares their various components. Part I provides background on the basic policy components of sanctuary laws and modern policies. Part II explores and compares the substantive legal and political value of sanctuary laws. This section will first assess the impact of sanctuary policies on existing immigration and constitutional law. In doing so, specific sanctuary jurisdictions involved in litigation, Seattle, San Francisco, and Chicago, and their likelihood of withstanding preemption under existing doctrine will be compared. The impact sanctuary laws may have on the Tenth Amendment will next be discussed ...


A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou 2018 University of California, Berkeley

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for irregular ...


Book Review: Prosecuting Corporations For Genocide, Sarah Federman 2018 University of Baltimore

Book Review: Prosecuting Corporations For Genocide, Sarah Federman

Genocide Studies and Prevention: An International Journal

No abstract provided.


Book Review: Rwanda Before The Genocide: Catholic Politics And Ethnic Discourse In The Late Colonial Era, Randall Fegley 2018 Pennsylvania State University Berks College

Book Review: Rwanda Before The Genocide: Catholic Politics And Ethnic Discourse In The Late Colonial Era, Randall Fegley

Genocide Studies and Prevention: An International Journal

No abstract provided.


The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips 2018 Penn State Dickinson Law

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips

Dickinson Law Review

Despite global condemnation, sex trafficking continues to plague our world. Even in developed countries, the problem persists. Technological advancements, like the Internet, have spurred the development of organized sex trafficking networks and have made “transactions” easier. Although law enforcement agencies have tried to adapt their investigative techniques to combat the problem, developments in technology move at a much quicker rate.

Autonomous vehicles (AVs) will present a new set of challenges for law enforcement agencies in the fight against sex trafficking. In the not-too-distant future, AVs, or “self-driving cars,” will dominate the roadways. An AV will be completely aware of the ...


Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown 2018 Liberty University

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Liberty University Journal of Undergraduate Research

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative ...


Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney 2018 J.D. Candidate, 2017, Pepperdine University School of Law

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it ...


Holding U.S. Corporations Accountable: Toward A Convergence Of U.S. International Tax Policy And International Human Rights, Jacqueline Laínez Flanagan 2018 University of the District of Columbia David A.Clarke School of Law

Holding U.S. Corporations Accountable: Toward A Convergence Of U.S. International Tax Policy And International Human Rights, Jacqueline Laínez Flanagan

Pepperdine Law Review

International human rights litigation underscores the inverse relationship between corporate power and corporate accountability, with recent Supreme Court decisions demonstrating increased judicial protections of corporate rights and decreased corporate accountability. This article explores these recent decisions through a tax justice framework and argues that the convergence of international human rights law and U.S. international tax policy affords alternate methods to hold corporations accountable for violations of international law norms. This article specifically proposes higher scrutiny of foreign tax credits and an anti-deferral regime targeting the international activity of U.S. corporations that use subsidiaries to shelter income and decrease ...


Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington 2018 University of San Diego

Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington

San Diego International Law Journal

It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and ...


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