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Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute for Public Policy Research (CIPPR) 2015 Centre Institute for Public Policy Research

Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)

Centre Institute for Public Policy Research (CIPPR)

The Latimer House Guidelines were written at the start of the new millennium some 11 years ago. After the Guidelines, other supporting documents have been churned out by the Commonwealth. The Guidelines present a framework for achieving separation of powers to enhance honesty, probity and accountability in government in Commonwealth countries. The outstanding question however is how well these guidelines do invoke Monsieur Baron de Montesquieu’s spirit in view of the current challenges faced by governments in Commonwealth countries? Do the guidelines present an effective framework for safeguarding democracy and the rule of law in the States concerned? These ...


Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson 2015 DePaul University

Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson

International Human Rights Law Journal

This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.


Newsroom: Lawyers Under The Nazis, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law

Life of the Law School (1993- )

Available @ http://law.rwu.edu/story/lawyers-under-nazis


Newsroom: Margulies On 'Ghostwriting', Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan 2015 Roger Williams University School of Law

Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan

Blogs

No abstract provided.


Introduction: The Burden Of Modern Democracy, Samuel Issacharoff 2015 NYU School of Law

Introduction: The Burden Of Modern Democracy, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

Twenty five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the Arab Spring. What lessons can be drawn from these struggles? What conditions or institutions are needed to prevent the collapse of democracy?

Embattled democracy is the subject matter of a new book, Fragile Democracies: Contested Power in the Era of Constitutional Courts. This book argues that the most distinctive antidote to authoritarianism in the post-1989 period ...


Death Squads And Death Lists: Targeted Killing And The Character Of The State, Jeremy Waldron 2015 NYU School of Law

Death Squads And Death Lists: Targeted Killing And The Character Of The State, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

The intention of this paper is to urge critical reflection upon current US practices of targeted killing by considering not just whether acts of targeted killing can be legally justified but also what sort of state we are turning into when we organize the use of lethal force in this way -- maintaining a list of named enemies of the state who are to be eliminated in this way. My paper uses the unpleasant terminology of "death lists" and "death squads" to jolt us into this reflection. Of course, there are differences between the activities of death squads in (say) El ...


Newsroom: Horwitz On Closed Courtroom Debate, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Horwitz On Closed Courtroom Debate, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman 2015 Director, Public Policy and Advocacy at U.S. Fund for UNICEF

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a ...


Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland 2015 Senior Humanitarian Advisor, Oxfam America

Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland

International Human Rights Law Journal

Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the ...


Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala 2015 Robert L. Bernstein International Human Rights Fellow at the Center for Justice and Accountability

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms ...


Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Pretrial Diversion Agreements, Jennifer Arlen 2015 NYU School of Law

Prosecuting Beyond The Rule Of Law: Corporate Mandates Imposed Through Pretrial Diversion Agreements, Jennifer Arlen

New York University Public Law and Legal Theory Working Papers

U.S. corporate criminal enforcement policy encourages prosecutors to substitute pretrial diversion agreements (PDAs) for formal conviction and allows them to use PDAs to impose corporate reform mandates on firms, often without ex ante guidance or ex post review from the DOJ. This article finds that the discretion that prosecutors currently enjoy to use PDAs to impose corporate mandates violates the rule of law. The rule of law requires that government actors exercise their power over others for the public’s good; they should not be free to serve personal aims or exercise authority to achieve personal conceptions of the ...


Chief Justice Maureen O'Connor: A Legacy Of Judicial Independence, Pierce Reed 2015 University of Akron

Chief Justice Maureen O'Connor: A Legacy Of Judicial Independence, Pierce Reed

Akron Law Review

No abstract provided.


The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares 2015 Western Law

The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares

Western Journal of Legal Studies

This paper explores international responses to foreign bribery with a specific focus on Canada’s increased role in combating the issue. It outlines international anti-bribery measures and their impact on Canada’s approach to foreign bribery, with an overview of Canada’s anti-bribery legislation, the Corruption of Foreign Public Officials Act (CFPOA). These measures have met with international criticism, to which Canada has responded with legislative amendments. Four Canadian legal decisions since the CFPOA amendment exemplify Canada’s stricter enforcement of the Act. Transparency International (TI) issued a progress report that commented on Canada’s current and future role in ...


Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany 2015 The University of Western Ontario

Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany

University of Western Ontario - Electronic Thesis and Dissertation Repository

The aim of this dissertation is to discern and explain why states established the International Criminal Court (ICC) with an independent Prosecutor with the aid of theories of international relations. The theories utilized were neorealism, neoliberal institutionalism, historical institutionalism, constructivism and liberal-pluralism. In order to complete the above-stated task, two supplemental questions were asked: first, how may one able to explain policy formulation in regards to the ICC; and second, what accounts for the victory of the supporters. The comparative case study method of the ‘method of agreement’ was employed. Canada and the United Kingdom – from among the supporters of ...


The Rhetoric Of Constitutional Absolutism, Eric Berger 2015 College of William & Mary Law School

The Rhetoric Of Constitutional Absolutism, Eric Berger

William & Mary Law Review

Though constitutional doctrine is famously unpredictable, Supreme Court Justices often imbue their constitutional opinions with a sense of inevitability. Rather than concede that evidence is sometimes equivocal, Justices insist with great certainty that they have divined the correct answer. This Article examines this rhetoric of constitutional absolutism and its place in our broader popular constitutional discourse. After considering examples of the Justices’ rhetorical performances, this Article explores strategic, institutional, and psychological explanations for the phenomenon. It then turns to the rhetoric’s implications, weighing its costs and benefits. This Article ultimately argues that the costs outweigh the benefits and proposes ...


Foreword, Scott P. Stedjan 2015 Penn State Law

Foreword, Scott P. Stedjan

Penn State Journal of Law & International Affairs

No abstract provided.


Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. McDonald 2015 Penn State Law

Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald

Penn State Journal of Law & International Affairs

Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.


Geopolitics Of Resource Scarcity, Kent Hughes Butts 2015 Penn State Law

Geopolitics Of Resource Scarcity, Kent Hughes Butts

Penn State Journal of Law & International Affairs

No abstract provided.


The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz 2015 Penn State Law

The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz

Penn State Journal of Law & International Affairs

The past decade has seen a radical remaking of direct food security interventions and an expanded understanding of preventing undernutrition. Today, there are more food assistance choices; researchers have identified the first 1000 days as a critical window for life-long cognitive development and health outcomes; and our understanding of the value of more tailored, nutritionally-specific interventions has expanded. The opportunities resulting from these findings can generate more effective food assistance programs. However, benefits from these findings will only be achieved if policymakers and practitioners clarify and prioritize among objectives and seek ways to build greater programming flexibility into the current ...


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