Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (130)
- International Law (120)
- Social and Behavioral Sciences (84)
- International Humanitarian Law (80)
- Political Science (79)
-
- International Relations (74)
- Public Affairs, Public Policy and Public Administration (59)
- International and Area Studies (52)
- Constitutional Law (29)
- Social Policy (25)
- Peace and Conflict Studies (23)
- Law and Philosophy (22)
- Other International and Area Studies (21)
- African Studies (15)
- Public Policy (14)
- European Law (13)
- Near and Middle Eastern Studies (13)
- American Politics (12)
- Arts and Humanities (10)
- Defense and Security Studies (10)
- Immigration Law (10)
- Civil Rights and Discrimination (9)
- Military, War, and Peace (8)
- Religion Law (8)
- Law and Politics (7)
- Criminal Law (6)
- National Security Law (6)
- Sociology (6)
- Economics (5)
- Institution
-
- University of Denver (77)
- Duquesne University (21)
- SelectedWorks (21)
- Case Western Reserve University School of Law (13)
- Duke Law (11)
-
- Selected Works (10)
- Golden Gate University School of Law (8)
- Columbia Law School (7)
- George Washington University Law School (6)
- American University Washington College of Law (5)
- Boston University School of Law (5)
- Cornell University Law School (4)
- Northwestern Pritzker School of Law (4)
- University of Miami Law School (4)
- Georgetown University Law Center (3)
- Macalester College (2)
- Maurer School of Law: Indiana University (2)
- UIdaho Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Michigan Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Tennessee College of Law (2)
- Vanderbilt University Law School (2)
- Aga Khan University (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Louisiana State University Law Center (1)
- New York Law School (1)
- Schulich School of Law, Dalhousie University (1)
- Sheridan College (1)
- Publication
-
- Human Rights & Human Welfare (77)
- Hallowed Secularism (21)
- Faculty Scholarship (13)
- Case Western Reserve Journal of International Law (8)
- Articles (7)
-
- GW Law Faculty Publications & Other Works (6)
- Annual Survey of International & Comparative Law (5)
- Anne T Gallagher (4)
- Case Western Reserve Law Review (4)
- Faculty Working Papers (4)
- Human Rights Institute (4)
- American University International Law Review (3)
- Duke Journal of Comparative & International Law (3)
- Golden Gate University Law Review (3)
- Prof. Elizabeth Burleson (3)
- Scholarly Works (3)
- Cornell International Law Journal (2)
- Cornell Journal of Law and Public Policy (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law and Contemporary Problems (2)
- Vanderbilt Journal of Transnational Law (2)
- Ali Khan (1)
- All Faculty Publications (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Amos Prosser Davis (1)
- Ana Filipa Vrdoljak (1)
- Book Chapters (1)
- Bryane Michael (bryane.michael@stcatz.ox.ac.uk) (1)
- Calvert Undergraduate Research Awards (1)
- Caycie D Bradford (1)
- Publication Type
Articles 1 - 30 of 233
Full-Text Articles in Law
December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz
December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz
December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz
December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
Hallowed Secularism
Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence
Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence
Chicago-Kent Law Review
Modern oil and gas production takes place in environments that are increasingly challenging, environments that pose very high levels of technical risk, as well as political, social, environmental, heal and safety risks. The people of the oil-rich nations of the world are growing more assertive politically and more sensitive to the environmental, health, and safety risks posed by oil and gas development. Governments, nongovernmental organizations (NGOs), and local people seek the means to control oil and gas development so as to minimize the risk of harm and provide redress in the event harm is done. Oil and gas companies have …
Promises To Keep: Diplomatic Assurances Against Torture In Us Terrorism Transfers, Human Rights Institute
Promises To Keep: Diplomatic Assurances Against Torture In Us Terrorism Transfers, Human Rights Institute
Human Rights Institute
“Diplomatic assurances” are promises not to torture. They are sought when transferring a detainee from the custody of one government to another. Not surprisingly, they are sought from governments that typically torture.
This report surveys the law and practice of assurances in the US and, comparatively, in Canada and Europe. It is the culmination of a long-term engagement by Columbia’s Human Rights Clinic and its faculty to research and support advocacy on diplomatic assurances. That process has involved advocacy with Swedish NGOs, support for research by Human Rights Watch, FOIA requests with the ACLU and collaborative efforts with UN mechanisms. …
The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard
The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard
The Scholar: St. Mary's Law Review on Race and Social Justice
The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the …
Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher
Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher
Anne T Gallagher
Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher
Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher
Anne T Gallagher
In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism …
November Roundtable: Multiculturalism And Integration Introduction
November Roundtable: Multiculturalism And Integration Introduction
Human Rights & Human Welfare
An annotation of:
“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010
and
“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010
A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney
A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney
Human Rights & Human Welfare
Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.
Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet
Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet
Human Rights & Human Welfare
Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …
Citizenship, Rights, And Culture, Alison Brysk
Citizenship, Rights, And Culture, Alison Brysk
Human Rights & Human Welfare
Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.
European Identity Struggles In The Age Of Austerity, Par Engstrom
European Identity Struggles In The Age Of Austerity, Par Engstrom
Human Rights & Human Welfare
The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …
One New President, One New Patriarch And A Generous Disregard For The Constitution: A Recipe For The Continuing Decline Of Secular Russia, Robert C. Blitt
One New President, One New Patriarch And A Generous Disregard For The Constitution: A Recipe For The Continuing Decline Of Secular Russia, Robert C. Blitt
Scholarly Works
The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church–state relations in the Russian Federation.
Following a discussion of the presidential and patriarchal elections that occurred between March 2008 and January 2009, the Article surveys recent developments in Russia as they relate to the nation’s constitutional obligations. In the face of this analysis, the Article argues that the government and the ROC alike continue to willfully undermine …
October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz
October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Are the Democrats Doing So Badly?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake
The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake
Luke A. Wake
In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.
In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily …
Development As Power, Alison Brysk
Development As Power, Alison Brysk
Human Rights & Human Welfare
While material progress towards the Millennium Development Goals is laudable, and pledges of new resources are necessary, we can never fully address poverty without talking about power. As Amartya Sen pointed out, true development depends on freedom.
The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney
The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney
Human Rights & Human Welfare
That much more must be done to meet the Millennium Development Goals is evident. The proposals put forth by Douste-Blazy and the new pledges announced at the recent UN MDG Summit are steps in the right direction. More fundamentally, what is required is to recognize that the MDGs are not merely “goals” to aim for, hitting or missing as the case may be. Rather, they are about realizing rights which governments, individually and collectively, have pre-existing legal obligations to uphold and ensure.
Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet
Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet
Human Rights & Human Welfare
The United Nations Millennium Development Goals Summit got underway on September 20th in New York. Opening speeches seemed to be a roster of who’s – who of contributors towards global poverty with the IMF and WTO leading the pack. As speeches progressed, a disturbing trend developed which romanticized the pre-recessionary period of progress towards MDG achievement and reducing world poverty.
October Roundtable: Mdgs And Human Rights Introduction
October Roundtable: Mdgs And Human Rights Introduction
Human Rights & Human Welfare
An annotation of:
“The UN millennium development goals can be put back on track” by Philippe Douste-Blazy. The Guardian. September 5, 2010.
The Mdgs And The (New) International Economic Order, Par Engstrom
The Mdgs And The (New) International Economic Order, Par Engstrom
Human Rights & Human Welfare
The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …
Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown
Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown
Estelle Derclaye
No abstract provided.
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
Cornell International Law Journal
No abstract provided.
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Cornell International Law Journal
No abstract provided.
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
Duke Law Journal
The Arab-Israeli conflict has been a testing ground for the involvement of U.S. courts in foreign conflicts and for the concept of civil litigation against terrorists. Plaintiffs on both sides of the dispute have sought to recover damages in U.S. courts, embroiling the courts in one of the world's most contentious political disputes. Plaintiffs bringing claims against the Palestine Liberation Organization, the Palestinian Authority, material supporters of terrorism, and the Islamic Republic of Iran have been aided by congressional statutes passed precisely to enhance their ability to bring such lawsuits, whereas plaintiffs bringing suit against Israel or Israeli leaders have …
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
University of Miami International and Comparative Law Review
No abstract provided.
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
Dalhousie Law Journal
When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.
Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of 'Defamation Of Religion', Robert C. Blitt
Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of 'Defamation Of Religion', Robert C. Blitt
Scholarly Works
The emerging international human rights norm of “defamation of religion,” an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …