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Articles 1 - 8 of 8

Full-Text Articles in Law

Dualism And Doctrine, Alex Stein, Dov Fox Jul 2015

Dualism And Doctrine, Alex Stein, Dov Fox

Faculty Scholarship

No abstract provided.


Unsophisticated Sentencing, Miriam Baer Apr 2015

Unsophisticated Sentencing, Miriam Baer

Faculty Scholarship

No abstract provided.


Punishment As Protection, Cynthia Godsoe Apr 2015

Punishment As Protection, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts Jan 2015

Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts

Faculty Scholarship

No abstract provided.


From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga Jan 2015

From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga

Brooklyn Journal of International Law

Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …


The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh Jan 2015

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …


Catalogs, Alex Stein, Gideon Parchomovsky Jan 2015

Catalogs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.


Timing Brady, Miriam H. Baer Jan 2015

Timing Brady, Miriam H. Baer

Faculty Scholarship

No abstract provided.