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Articles 331 - 360 of 916
Full-Text Articles in Entire DC Network
Official Languages Inside And Outside The Institutions: An Analysis Of Recent Cases, Julian Currall
Official Languages Inside And Outside The Institutions: An Analysis Of Recent Cases, Julian Currall
Georgia Journal of International & Comparative Law
No abstract provided.
Watson, Walton, And The History Of Legal Transplants, John W. Cairns
Watson, Walton, And The History Of Legal Transplants, John W. Cairns
Georgia Journal of International & Comparative Law
No abstract provided.
Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture, Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan, John Marshall Law School International Human Rights Clinic
Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture, Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan, John Marshall Law School International Human Rights Clinic
Faculty White Papers
This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …
Making The Client's Peace: "Privatizing" Peace? Global Law Firms Offering Pro Bono Services In Post-Conflict Settings, Cindy Daase
Making The Client's Peace: "Privatizing" Peace? Global Law Firms Offering Pro Bono Services In Post-Conflict Settings, Cindy Daase
Indiana Journal of Global Legal Studies
Lawyers of global law firms have begun to take on complex pro bono representations for clients in peace and constitution-building settings. These lawyers, who often cooperate across different offices of a global law firm, are not acting based on an external mandate but pursuant to an attorney-client relationship. The client is the source of authority and the owner of the process; yet, global law firms that serve pro bono clients are also a form of profit-making transnational corporation. In their day-today business they represent the interests of paying clients. This article will discuss whether and how such constellations can lead …
Protecting The Home Turf: National Bar Associations And The Foreign Lawyer, Brendan K. Smith
Protecting The Home Turf: National Bar Associations And The Foreign Lawyer, Brendan K. Smith
Indiana Journal of Global Legal Studies
This note addresses the issues raised by domestic laws and bar associations limiting the practice of foreign lawyers. It looks at how the increase in globalization has led different countries to take different approaches toward dealing with these foreign lawyers. There are complex and varying reasons for how a country approaches foreign lawyers, as is demonstrated particularly through the actions of Brazil, India, and Japan. Also, it appears that emerging, but not as of yet established, global economic powers have decided it is in their interest to severely restrict the activity of foreign lawyers. The note suggests that these emerging …
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
Michigan Journal of International Law
Suppose a government agency tasks its purchasing agent with buying a set of computer servers for the agency’s use, and the agent contacts a technology company to make the purchase. After selecting the needed servers, the agent learns of the servers’ fair market value but does not negotiate with the technology company to obtain the lowest possible price. Instead, unbeknownst to the government, the agent agrees with the technology company’s sales manager to purchase the servers on behalf of the government for an amount significantly above their fair market value, and, in return, the company agrees to give the agent …
Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D.
Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D.
Santa Clara Journal of International Law
No abstract provided.
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review
No abstract provided.
An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers
An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers
Osgoode Hall Law Journal
The article proposes a model to evaluate the effectiveness of NGOs that engage in advocacy for compliance with international human rights and civil liberties standards or constitutional rules. The model draws on the analysis of social movement effectiveness, ombudsmen’s roles and the literature on the evaluation of human rights NGOs at the international level. It establishes ways to measure the legitimacy and effectiveness of advocacy NGOs. In particular, it suggests that transparency and independence must be constantly demonstrated, that factual accuracy must always be sought and that legal compliance must be shown to have moral and public interest resonance. The …
Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Radtke Bliss
Lessons Learned From Teaching Clinical Legal Education In Thailand, Lisa Radtke Bliss
Faculty Publications By Year
All around the globe, legal educators, law students, consumers of legal services and others in the legal community are debating reforms to legal education, prompted by external demands on the profession, the need for law graduates to be competent in rapidly developing areas of law, and changes in practice due to globalization and technology. The drum beat for change is familiar by now in the United States, with a renewed interest in curricular reform that seeks to balance teaching students foundational legal knowledge with important lawyering skills and professional values. In Asia, in particular, globalization, economic growth and development, funding …
A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General
A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General
Case Western Reserve Journal of International Law
No abstract provided.
A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.
A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.
Theses and Dissertations (Comprehensive)
This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …
An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty
An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty
Faculty Scholarship
The authors first met in 2000, and have collaborated in conferences, workshops, and other projects since then. We also represent two sides of an international exchange that has frequently occurred in the past 15 years: a European law teacher who attends training sessions, networks with colleagues from other European universities, learns about American models of clinical education, and possibly receives some outside funding; and an American law teacher who is graciously hosted by Europeans, promotes American models of clinical education, and, one hopes, observes, listens and learns about the European system. We are also experienced teachers within our own universities …
Human Rights Pragmatism And Human Dignity, David Luban
Human Rights Pragmatism And Human Dignity, David Luban
Georgetown Law Faculty Publications and Other Works
Human rights sound a lot like moral rights: rights that we have because we are human. Many philosophers think it follows that the list of international human rights must therefore be founded on some philosophical account of moral rights or of human dignity. More recently, other philosophers have rejected this foundationalist picture of international human rights (“foundationalist” meaning that moral rights are the foundation of international human rights). These critics argue that international human rights need no philosophical foundation; instead, we should look to the actual practices of human rights: the practices of international institutions, tribunals, NGOs, monitors, and activists. …
Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo
Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo
Villanova Law Review (1956 - )
No abstract provided.
"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen
"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen
Indiana Journal of Global Legal Studies
Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.
The Status Of Administrative Judges In The U.K.: Recruitment, Tenure, Training And Appraisal, Martin Partington
The Status Of Administrative Judges In The U.K.: Recruitment, Tenure, Training And Appraisal, Martin Partington
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
Touro Law Review
This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …
"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed
Faculty Scholarship
This report documents the ongoing stigma and discrimination of women living with HIV in Namibia, building on prior findings and investigations on the subject, such as the 2008 research conducted by the International Community of Women Living with HIV/AIDS (ICW) and the Namibian Women’s Health Network (NWHN). The report, based upon both desk research and a field mission, examines the human rights situation related to sexual and reproductive health of women living with HIV, including the gravity and ongoing nature of forced and coerced sterilizations in Namibia. The report also provides evidence of violations of informed consent in the context …
Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus
Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus
ILSA Journal of International & Comparative Law
At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.
Myths About Women’S Careers In Law, Patricia M. Wald
Myths About Women’S Careers In Law, Patricia M. Wald
University of Baltimore Journal of International Law
Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …
What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt
What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt
Indiana Journal of Global Legal Studies
Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …
Applicability Of Combatant Status To Pirates, The Pilpg
Applicability Of Combatant Status To Pirates, The Pilpg
War Crimes Memoranda
No abstract provided.
Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa
Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa
UC Law SF International Law Review
No abstract provided.
Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima
Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima
UC Law SF International Law Review
No abstract provided.
Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt
Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt
UC Law SF International Law Review
No abstract provided.
A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai
UC Law SF International Law Review
No abstract provided.
The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote
The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote
UC Law SF International Law Review
No abstract provided.
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer
Articles
Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …
Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge
Yaiguaje V. Chevron Corporation: Testing The Limits Of Natural Justice And The Recognition Of Foreign Judgments In Canada, Lucien J. Dhooge
Canada-United States Law Journal
No abstract provided.