Law Commons^™

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 …

On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.

Author Meets Critics Session On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Intellectual Property And Human Rights, Peter Yu

Peter K. Yu

No abstract provided.

Panelist, The Current Immigration Debate, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Future Of Universal Jurisdiction In The New Architecture Of Transnational Justice, Diane Orentlicher

Diane Orentlicher

In this essay the author addresses several issues raised by emerging trends in the use of universal jurisdiction. She argues that recent developments raise concerns about how jurisdictional authority should be allocated among states as well as between officials of states and officers of international tribunals. Growing recourse to universal jurisdiction raises questions about whose claim should receive priority when more than one court seeks to prosecute an individual for the same crime. The question has been further complicated by the emergence of a new breed of court, such as the Special Court for Sierra Leone, which is shaped by …

Keynote Address, Houston Journal Of International Law Fall Lecture Series, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …

Mänskliga Rättigheter Ur Ett Folkrättsligt Perspektiv, Anna Nilsson

Anna Nilsson

No abstract provided.

Intellectual Property And Human Rights In The Nonmultilateral Era, Peter Yu

Peter K. Yu

No abstract provided.

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Since the passage of harsh new deportation laws in 1996, the United States has deported millions of noncitizens--many undocumented, but many others long-term legal residents with U.S. families--back to their countries of origin. The early Obama administration continued such aggressive deportation policies. But few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe isolation, alienation, persecution and, sometimes, death. Many may never be able to return. Daniel Kanstroom--author of the authoritative history of deportation, Deportation Nation--turns his attention in Aftermath to the current U.S. system and deportation's actual effects on …

Deportations And Repatriations, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Presentations On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom

Daniel Kanstroom

Daniel Kanstroom has delivered several public lectures and presentations to a wide variety of audiences in support of his book, Aftermath: Deportation Law and the New American Diaspora, including presentations at UC Irvine Law, University of Amsterdam, the Harvard Book Store, New York Law School, and UC Berkeley Law School.

Twelve Years Of Poverty In Denmark - A Human Rights Perspective, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.

‘Needle And Stick’ Save The World: Sustainable Development And The Universal Child, Johan Dahlbeck, Moa De Lucia Dahlbeck

Moa Dahlbeck

This text deals with a problem concerning processes of the productive power of knowledge. We draw on so called poststructural theories challenging the classical image of thought – as hinged upon a representational logic identifying entities in a rigid sense – when formulating a problem concerning the gap between knowledge and the object of knowledge. More specifically we are looking at this problem in the contexts of sustainable development and childhood using illustrating examples in order to test the validity of these theoretical accounts. The examples we use range from internationally agreed documents claiming universality concerning environmental protection and childhood …

Collaborative Governance And International Economic Relations

kjackson@fordham.edu

No abstract provided.

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …