Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Miami Law School (9)
- University of Michigan Law School (9)
- University of Georgia School of Law (5)
- Maurer School of Law: Indiana University (4)
- Pepperdine University (3)
-
- SelectedWorks (3)
- Washington and Lee University School of Law (3)
- American University Washington College of Law (2)
- Nova Southeastern University (2)
- Schulich School of Law, Dalhousie University (2)
- Selected Works (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- City University of New York (CUNY) (1)
- Georgia State University College of Law (1)
- Golden Gate University School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- University at Buffalo School of Law (1)
- University of Baltimore Law (1)
- University of San Diego (1)
- Western New England University (1)
- Publication Year
- Publication
-
- University of Miami International and Comparative Law Review (9)
- Michigan Journal of International Law (6)
- Georgia Journal of International & Comparative Law (5)
- Pepperdine Dispute Resolution Law Journal (3)
- Articles by Maurer Faculty (2)
-
- Faculty Publications (2)
- Faculty Scholarship (2)
- ILSA Journal of International & Comparative Law (2)
- Indiana Journal of Global Legal Studies (2)
- Michigan Journal of Race and Law (2)
- Scholarly Articles (2)
- All Faculty Scholarship (1)
- American University Journal of Gender, Social Policy & the Law (1)
- American University Law Review (1)
- Annual Survey of International & Comparative Law (1)
- Articles, Book Chapters, & Popular Press (1)
- Chicago-Kent Law Review (1)
- Cynthia Grant Bowman (1)
- Diana Kearney (1)
- Dissertations & Theses (1)
- Dissertations, Theses, and Capstone Projects (1)
- Jonathan Marshfield (1)
- Joshua Dankoff (1)
- Journal Articles (1)
- Journal of Comparative Urban Law and Policy (1)
- LLM Theses (1)
- Mark J Calaguas (1)
- Michigan Law Review (1)
- Notre Dame Journal of International & Comparative Law (1)
- San Diego International Law Journal (1)
- Publication Type
Articles 1 - 30 of 57
Full-Text Articles in Law
Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye
Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye
Washington and Lee Journal of Civil Rights and Social Justice
Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …
Approaches To Sea Level Rise: A Comparative View Of Emerging Policy Responses By The African And The American Regions, Charles Chernor Jalloh
Approaches To Sea Level Rise: A Comparative View Of Emerging Policy Responses By The African And The American Regions, Charles Chernor Jalloh
American University Law Review
It is a great privilege to be here with all of you tonight. Thank you very much to you, Professor Grossman, the moderator of this panel, and to all the organizers for inviting me to be part of this really important event. I hope this is the first of many such events concerning this really pressing issue for the international community: the issue of sea level rise which is already affecting peoples and States in many different regions of our world.
Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko
Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko
University of Miami International and Comparative Law Review
The two-tier legal education system has become increasingly ineffective by virtue of the evolution of changes in legal practice and Africa’s unique conditions and circumstances. The problem is rooted in the fact that some African countries adopted the two-tier legal education system on the assumption that what worked in Britain offered a prescription for success in Africa. However, the two-tier legal education system has been ineffective in Africa because the infrastructure—pupilage, apprenticeship, continuing legal education—that complements and anneals it is not widely available in Africa. Where these elements exist, they tend to be frail and unreliable. Africa’s urgent challenge is …
The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes
The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes
Dissertations, Theses, and Capstone Projects
The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …
It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris
It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris
Notre Dame Journal of International & Comparative Law
While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the …
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
Scholarly Articles
Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …
Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya, Patrick Ofori
Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya, Patrick Ofori
LLM Theses
Developing countries have increasingly resorted to the use of tax incentives to attract FDI, despite existing evidence of the shortcomings of tax incentives. In sub-Saharan Africa, tax incentives are a prominent feature of many investment codes. Sub-Saharan African countries find tax incentives as a means of attracting FDI because there are no viable alternatives per se, and they believe that tax incentives can be structured to ensure that FDI advances socio-economic and technological development. But the reliance on tax incentives at the expense of maximizing domestic tax revenue poses a challenge to sustainable development. This study examines Ghana and Kenya …
Digital Colonialism: The 21st Century Scramble For Africa Through The Extraction And Control Of User Data And The Limitations Of Data Protection Laws, Danielle Coleman
Digital Colonialism: The 21st Century Scramble For Africa Through The Extraction And Control Of User Data And The Limitations Of Data Protection Laws, Danielle Coleman
Michigan Journal of Race and Law
As Western technology companies increasingly rely on user data globally, extensive data protection laws and regulations emerged to ensure ethical use of that data. These same protections, however, do not exist uniformly in the resource-rich, infrastructure-poor African countries, where Western tech seeks to establish its presence. These conditions provide an ideal landscape for digital colonialism.
Digital colonialism refers to a modern-day “Scramble for Africa” where largescale tech companies extract, analyze, and own user data for profit and market influence with nominal benefit to the data source. Under the guise of altruism, large scale tech companies can use their power and …
The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody
The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody
Scholarly Articles
This Article contributes to the literature by analyzing the normative shifts within the country's institutions, both pre- and post-genocide, and observes the role of women in restructuring the institutions as a major factor in the success that Rwanda enjoys today. By prioritizing gender equality in the recreation of its legal and economic structures, Rwanda is able to leverage the talents and capabilities of its entire population, and provides a model that can be applied to a number of other countries.
Part I details the historical underpinnings of the Rwandan genocide and humanitarian crisis. Part II addresses the efforts to establish …
Lawyers In Africa: Brokers Of The State, Intermediaries Of Globalization - A Case Study Of The "Africa" Bar In Paris, Sara Dezalay
Lawyers In Africa: Brokers Of The State, Intermediaries Of Globalization - A Case Study Of The "Africa" Bar In Paris, Sara Dezalay
Indiana Journal of Global Legal Studies
Africa is the "Global Economy's Last Frontier"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial "looting" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the …
The Road To Yamoussoukro, Vivica Brown
The Road To Yamoussoukro, Vivica Brown
Journal of Comparative Urban Law and Policy
Air transportation plays an important role in any country’s evolution because it accelerates the convergence of goods and people. Creating a cooperative air transport system could unlock the potential for a long awaited, remarkable economic growth in Africa. “The African aviation market is perhaps one that has the most potential for growth out of the global regions, due to it being a comparatively young industry and servicing a large and rapidly developing population.” Africa is home to 15.96% of the world’s population, over 1.1 billion people, but it still accounts for less than 4% of the global air service market. …
Alternation Denied: Africa's Presidential 30+ Club, Tom Syring
Alternation Denied: Africa's Presidential 30+ Club, Tom Syring
ILSA Journal of International & Comparative Law
Africa is changing rapidly and Sub-Saharan Africa in particular represents the region with the fastest growing population in the world, abounding with young people yearning for opportunities and change.
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
Revisiting The Economic Community Of West African States: A Socio-Legal Analysis, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Recent years have seen a growing scholarly interest in the conditions of emergence of regional trade agreements in Africa. These analyses have advanced our knowledge on a range of technical issues, from specific institutional transformation of regional economic communities such as the Economic Community of West African States (ECOWAS) to broad legal issues relating to the provisions of the regional trade agreements. Most literature on ECOWAS is, however, informed by legal formalism that interprets the text of the treaties strictly and without context, leading to a dominant interpretation of failure.
By contrast, this thesis adopts a socio-legal approach and argues …
Africa And The Rule Of Law, Makau Wa Mutua
Africa And The Rule Of Law, Makau Wa Mutua
Journal Articles
The rule of law is often seen as a panacea for ensuring a successful, fair and modern democracy which enables sustainable development. However, as Makau Mutua highlights, this is not the case. Using the example of African states, he describes how no African country has truly thrown off the shackles of colonial rule and emerged as a truly just nation state – even though many have the rule of law at the heart of their constitutions. This, he argues, is because the Western concept of the rule of law cannot be simply transplanted to Africa. The concept must be adapted …
Introduction: Constitutional Conflict And Development: Perspectives From South Asia And Africa, Sudha Setty, Matthew H. Charity
Introduction: Constitutional Conflict And Development: Perspectives From South Asia And Africa, Sudha Setty, Matthew H. Charity
Faculty Scholarship
This Introduction was written for an eponymous joint program held on January 4, 2014 and hosted by the Section on Africa and the Section of Law & South Asian Studies, both of the Association of American Law Schools.
Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman
Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella
Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella
Georgia Journal of International & Comparative Law
No abstract provided.
Public Health And The Tobacco Problem: International Legal Implications For Africa, William Onzivu
Public Health And The Tobacco Problem: International Legal Implications For Africa, William Onzivu
Georgia Journal of International & Comparative Law
No abstract provided.
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Georgia Journal of International & Comparative Law
No abstract provided.
African "Renaissance" And U.S. Trade Policy, Hunter R. Clark
African "Renaissance" And U.S. Trade Policy, Hunter R. Clark
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald
Georgia Journal of International & Comparative Law
No abstract provided.
Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord
Egypt, Lila Meadows, Nadia Adib Bamieh, Janet E. Lord
All Faculty Scholarship
This chapter is a factbook summarizing disability laws, organisations, and statistics in Egypt as of 2014.
Corporate Liability In Regional Human Rights Courts, Diana Kearney
Corporate Liability In Regional Human Rights Courts, Diana Kearney
Diana Kearney
No abstract provided.
Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects, Migai Akech
Indiana Journal of Global Legal Studies
This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in …
China In Africa And The Law, Salvatore Mancuso
China In Africa And The Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.
This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …
Globalization And The Re-Establishment Of Women's Land Rights In Nigeria: The Role Of Legal History, Adetoun Ilumoka
Globalization And The Re-Establishment Of Women's Land Rights In Nigeria: The Role Of Legal History, Adetoun Ilumoka
Chicago-Kent Law Review
Much has been written on women's limited legal rights to land in Nigeria and elsewhere in Africa, which is often attributed to custom and customary law. Persisting biases against women in legal regimes governing land ownership, allocation and use, result in a situation in which women, in all age groups, are vulnerable to dispossession and to abuse by male relatives in increasingly patriarchal family and community governance structures.
This paper raises questions about the genesis of ideas about women's rights to land in Nigeria today. It is an analysis of two court cases from South Western Nigeria in the early …
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Pepperdine Dispute Resolution Law Journal
Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …
Adr And A Smile: Neocolonialism And The West's Newest Export In Africa, Anthony P. Greco
Adr And A Smile: Neocolonialism And The West's Newest Export In Africa, Anthony P. Greco
Pepperdine Dispute Resolution Law Journal
While the ills of the West's corporatization of the world have long been debated and catalogued, often neglected is the role the law plays in empowering the rich, disenfranchising the poor, and serving as the "handmaiden to empire." Since what has been termed the "rule of law revival," which saw its genesis sometime in the late 1980s, the adoption of Western legal frameworks to help developing and Third World nations transition and gain access to the ever growing global market has become commonplace. With the coming of the Alternative Dispute Resolution (ADR) revolution during the last few decades, the West …
Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy
Pepperdine Dispute Resolution Law Journal
In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.