Law Commons^™

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson

Michael P. Johnson

Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …

Commentary On Cedaw Article 6, Janie Chuang

Janie A Chuang

No abstract provided.

The Significance Of Korematsu V. United States In The Modern Day, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Constitutionalised Racism: Why Australia Needs Its Own Section 6, Danielle Ireland-Piper

Danielle Ireland-Piper

No abstract provided.

Global Migration, Citizenship, And Catholic Social Teaching, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly

Erin Daly

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …

The Rule Of Law As Perceived By The European Court Of Human Rights, Contribution To Festschrift To Jens Vedsted-Hansen, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

Legitimizing Human Rights: Beyond Mythical Foundations And Into Everyday Resonances, Anthony Chase

Anthony Chase

No abstract provided.

Human Rights And The Challenge Of Foundations (Review Essay), Anthony Chase

Anthony Chase

No abstract provided.

Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner

Ulrich L. Lehner

Based on archival research and an analysis of early modern monastic canon law, the reader is introduced to how crimes were prosecuted in a monastic setting and how they were punished.

The Rule Of Law As Perceived By The European Court Of Human Rights’ In Protecting The Rights, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

Danmarks Nationale Og Internationale Forpligtelser, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries (Forthcoming), Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen

Leo Beletsky

No abstract provided.

The Right To Effective Remedies And Procedural Guarantees For People In Need Of International Protection, Eleni Karageorgiou

Eleni Karageorgiou

The Comparative Fortunes Of The Right To Health: Two Tales Of Justiciability In Colombia And South Africa, Katharine G. Young, Julieta Lemaitre

Katharine G. Young

The legal recognition of the right to health worldwide has never been so advanced. At least 115 constitutions around the world have entrenched the right to health or health care, whether as justiciable claim-rights, aspirational guarantees, or a combination of the two. As of November 2012, every country except South Sudan is a party to at least one human rights treaty that addresses the right to health or other health-related rights. Often, international obligations lead to policy recommendations and supervisory measures within the international legal domain, which can affect domestic law and health policy. Yet increased levels of mobilization and …

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Susan Rexford

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …