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Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin

Articles

The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from such catastrophes whatsoever their causes. Rhetorically too, there is some recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are more visible in the refugee and internally displaced communities that typically result from many humanitarian crises. Women, because of their acute care responsibilities in most societies, also disproportionately bear the brunt of familial …

The Role Of The United States Supreme Court In Interpreting And Developing Humanitarian Law, David Weissbrodt, Nathaniel H. Nesbitt

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg

War Crimes Memoranda

No abstract provided.

Domestic Incorporation Of International Law: Comparative State Practice, Pilpg

War Crimes Memoranda

No abstract provided.

Internal Colonization And The International System: Gender Stratification In The U. S. And Its Global Implications, Muhammed Asadi

Societies Without Borders

My purpose in this paper is to critically review various theoretical perspectives contained in the literature to come up with implications for a comprehensive model that captures the intersectionality of race, gender and class in the International System with special emphasis on gender. My theoretical model links the U.S. gender ‘project’ post World War II: the construction of the post war ‘nuclear family’ and the reinvention of women’s ‘sacred domestic sphere’ to the maintenance of gender oppression globally by the U.S. in a world dominated by it. The common ingredient in such oppression is the use of women as productive …

Sociology And Human Rights Education: Beyond The Three Generations?, Mark Frezzo

Societies Without Borders

This article examines the uses and limitations of the prevailing classificatory schema in the field of human rights—a tripartite framework that delineates first-generation civil and political rights ensuring liberty, second-generation economic and social rights promoting equality, and third-generation group and cultural rights supporting solidarity. When applied strictly, the framework runs the risk of reifying the three categories, exaggerating the impact of the European Enlightenment on contemporary norms, and overlooking the historical contexts in which rights-claims emerge. Though useful for analytic and pedagogical purposes, the existing paradigm fails to capture the full spectrum of human rights violations and solutions in the …

Feminist Social Justice Work: Moving Toward Solidarity, Katherine O'Donnell

Societies Without Borders

This article analyzes grassroots, feminist, and Freirean community-organizing as platforms for community-based service-learning (CBSL) and human rights work. CBSL is conceptualized as alignment, a first step in the long haul of working with community members in a solidarity relationship to create social justice.

Patient Navigation Through The Justice System: A Response To The High Infant Mortality Rate In One Community, Susan Holsapple

Societies Without Borders

The purpose of this evaluative study was two-fold; one was to evaluate a grant supported program that used the justice system to offer patient navigation services and the second goal was to provide a qualitative evaluation of the women’s health care experiences as they went through a court mandated drug program. Primary data was obtained from interviews with forty-seven program participants (n=47) from March, 2008 until January, 2010, and participant observation was used to explore treatment modalities and options available to these women. Secondary data was obtained from program staff as well as a review of the survey evaluation process …

Military Neoliberalism: Endless War And Humanitarian Crisis In The Twenty-First Century, Michael Schwartz

Societies Without Borders

This article seeks to understand the dynamics of twenty-first century military intervention by the United States and its allies. Based on an analysis of Bush and Obama administration policy documents, we note that these wars are new departures from previous interventions, calling on the military to undertake post-conflict reconstruction in ways that was previously left to indigenous government or to the civilian aspects of the occupation. This military-primary reconstruction is harnessed to ambitious neoliberal economics aimed at transforming the host country’s political economy. Utilizing the Iraq and Afghanistan interventions as case studies, the study analyzes the dynamics set in motion …

A Social Justice Theory Of Self-Defense At The World Court, James Kraska

Loyola University Chicago International Law Review

No abstract provided.

The Bush Doctrine And The Use Of Force: Reflections On Rule Construction And Application, Paul F. Diehl, Shyam Kulkarni, Adam Irish

Loyola University Chicago International Law Review

No abstract provided.

War And The Vanishing Battlefield, Frederic Megret

Loyola University Chicago International Law Review

No abstract provided.

Potential Pitfalls Of "Strategic Litigation": How The Al-Aulaqi Lawsuit Threatened To Undermine International Humanitarian Law, Michael W. Lewis

Loyola University Chicago International Law Review

No abstract provided.

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.

Security Now: Addressing The Needs Of Darfur’S Children, Nicole Judd

Human Rights & Human Welfare

In the Darfur region of Sudan, over 2.3 million children have been affected by the ongoing genocide (UNICEF 2008). Unlike their adult counterparts, children are impacted more severely by the consequences of warfare as they are undergoing a fragile developmental process. While each one of the affected children has had their basic human rights violated in some form, the narrative of trauma differs between groups. Sexually-exploited girls, boy soldiers, unaccompanied children, and those who remain in under-resourced camps have experienced the protracted violence in unique ways. To mitigate the effects of war, each group should receive individualized humanitarian assistance as …

Mission Creep In Military Lawyering, Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Preventive Detention In American Theory And Practice, Adam Klein, Benjamin Wittes

National Security Law Program

It is something of an article of faith in public and academic discourse that preventive detention runs counter to American values and law. This meme has become standard fare among human rights groups and in a great deal of legal scholarship. It treats the past nine years of extra-criminal detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. This argument further asserts that any statutory counterterrorism administrative detention regime would be a radical departure from …

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Faculty Publications

Third-party litigation finance is a growing industry. The practice, also termed “litigation lending,” allows funders with no other connection to the lawsuit to invest in a plaintiff’s claim in exchange for a share of the ultimate recovery. Most funding agreements have focused on domestic litigation in Australia, the United Kingdom, and the United States. However, the industry is poised for growth worldwide, and the recent environmental lawsuit brought by Ecuadorian plaintiffs against Chevron demonstrates that litigation funding is also beginning to play a role in transnational litigation.

This article, prepared for a symposium on “International Law in Crisis,” speculates about …

Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey

Villanova Law Review (1956 - )

The article discusses the international rule of law as of July 2011, focusing on a historical overview of international affairs including the use of privateer maritime forces, the efforts of the U.S. to codify the international law in regards to maritime warfare, and the impact of the Crimean War on the development of the rule of international law. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.

Public Choice And International Law Compliance: The Executive Branch Is A "They," Not An "It", Neomi Rao

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Conundrum, Derek E. Bambauer

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Freedom Of Testation / Freedom Of Contract, Adam J. Hirsch

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Towards A New Jus Post Bellum: The United Nations Peacebuilding Commission And The Improvement Of Post-Conflict Efforts And Accountability, Liliana Lyra Jubilut

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Ill-Gotten Gains: The Case For International Corporate Criminal Liability, Jordan Sundell

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Role Of The United States Supreme Court In Interpreting And Developing Humanitarian Law, David Weissbrodt, Nathaniel H. Nesbitt

Articles

In the absence of a single authoritative mechanism to interpret humanitarian law, a number of treaty bodies, national courts, regional human rights courts/commissions, international tribunals, and thematic mechanisms have been called upon to address humanitarian law issues. Prime among these institutions is the United States Supreme Court. Though only in a small number of cases, the Court has relied on humanitarian law principles and treaties from the early days of the Republic to the “war on terrorism.” In what ways does the Court invoke this body of law and how competent is its analysis? Is the Court institutionally equipped to …

The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist

Saint Louis University Public Law Review

In order to fathom the theoretical shape of the American national security constitutional system, and to appreciate how that system should be shaped in the future, it is vital to conceptualize the legal field of American national security law as the interaction of four constitutive dimensions. Initially the factual context involves two overarching general concerns: first, the maintenance of the Nation’s strategic advantage over challengers, competitors, and threats to America’s future; and second, the remarkable strategic responsibility of presidents of the United States to deftly shift from one serious, potentially catastrophic, crisis to the next. The second dimension is the …

“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth

Saint Louis University Public Law Review

No abstract provided.

Dying For The Bonds Of Marriage: Forced Marriages As A Weapon Of Genocide, Carmel O'Sullivan

UC Law SF Journal on Gender and Justice

For centuries, women have been "spoils of war." In some corners of the world, forced marriage remains a method of extermination, and rape and sexual violence against women are still the inevitable consequences of armed conflict. Amidst significant recent advances in protecting women during war, forced marriages have been recognized as a crime against humanity. However, this recognition is limited and does not address the gravity of forced marriages. This Article seeks to draw attention to the practice of forced marriages as an instrument of genocide and, thus, a "heinous reality that calls for a historic response." As the landmark …

What Synthetic Genomes Mean For Our Future: Technology, Ethics, And Law, Interests And Identities, Thomas H. Murray

Valparaiso University Law Review

No abstract provided.

End Of The Beginning Or Beginning Of The End? Synthetic Biology's Stalled Security Agenda And The Prospects For Restarting It, Stephen M. Maurer

Valparaiso University Law Review

No abstract provided.