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Full-Text Articles in Law
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Daniel Kanstroom
In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …
Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad F. Perju
Impairment, Discrimination, And The Legal Construction Of Disability In The European Union And The United States, Vlad F. Perju
Vlad Perju
This Article is a comparative study of disability regulations in the European Union and the United States over the past four decades. It explores how a conception of the relationship between illness, impairment and discrimination became a source of transformative insights that led to new regulatory regimes for persons with disability but also hampered the judicial enforcement of these regimes in both jurisdictions. The main transformative insight is the shift in understanding the cause of disability from the individual’s medical condition to the larger social environment. The obstacle is the radical nature of this shift, and specifically its effect of …
Review: A Philosophy Of International Law, Frank J. Garcia
Review: A Philosophy Of International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Affirmative Action And International Law, Maxwell O. Chibundu
Affirmative Action And International Law, Maxwell O. Chibundu
Maxwell O. Chibundu
The use of the conjunction 'and' rather than the preposition 'in' in the title of this essay is intended to convey both the descriptive limitations of the subject matter as well as the breadth of its potentialities. International law and its practitioners have devoted little attention to issues of affirmative action and currently dominant epistemic trends do not suggest any significant shift in focus occurring soon. By contrast, municipal proponents of affirmative action in countries such as the United States, embattled as they are in defending an increasingly controversial policy, have tried to bolster their arguments by reference to international …
Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu
Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Intervention, Imperialism And Kant's Categorical Imperative, Maxwell O. Chibundu
Intervention, Imperialism And Kant's Categorical Imperative, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
Maxwell O. Chibundu
There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …
Making Customary International Law Through Municipal Adjudication: A Structural Inquiry, Maxwell O. Chibundu
Making Customary International Law Through Municipal Adjudication: A Structural Inquiry, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal
Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no member of the legal academy in America is more controversial than John Yoo. For his role in producing legal opinions authorizing what is thought by many to be abusive treatment of detainees as part of the Bush Administration’s “Global War on Terror,” some have called for him to be subjected to professional discipline, others have called for his criminal prosecution. This paper raises a different question: whether John Yoo – and his like – ought to be teaching law.
John Yoo provides something of a case study in the problems in legal education today. As a scholar, Professor …
Waiting For Justice
Dr. Saumya Uma
La Convención Americana Sobre Derechos Humanos: Piedra Angular Del Derecho A La Vida Del No Nacido En Latinoamérica Y El Caribe [The American Convention On Human Rights: Cornerstone Of The Unborn’S Right To Life In Latin America And The Caribbean], Ligia M. De Jesus
Ligia De Jesus Castaldi