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Full-Text Articles in Law
Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe
Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
No abstract provided.
Violence Against Women And The Special Rapporteur On Traditional Practices Affecting The Health Of Women And The Girl Child, Ana M. Nacvalovaite
Violence Against Women And The Special Rapporteur On Traditional Practices Affecting The Health Of Women And The Girl Child, Ana M. Nacvalovaite
Ana M Nacvalovaite
The Article portrays a facet of the conflict between the universalism of human rights, and comprehensive analysis of the UN Special Rapporteur on Violence against Women in the case of a woman of Malian origin sentenced to prison in France for Female Genital Mutilation. It synthesizes recognized issues in the discussion and extends them in several important directions that continue to be overlooked, such as ethno-cultural and religious diversity, conflict between the universalism of human rights, the clash between particular cultural practices concerning women and human rights norms concerning the individual, in specifically in the context of liberal democratic states. …
The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris
The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris
Grant H Morris
In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner. …
Inter-American Commission On Human Rights Request For Precautionary Measures: Villas Del Sol, Puerto Rico, Andrea P. Capellán, Smita Rao, Meetali Jain
Inter-American Commission On Human Rights Request For Precautionary Measures: Villas Del Sol, Puerto Rico, Andrea P. Capellán, Smita Rao, Meetali Jain
Andrea Pestone Capellán
The American Civil Liberties Union, the ACLU of Puerto Rico and the International Human Rights Law Clinic at American University Washington College of Law (IHRLC) filed this request asking the Inter-American Commission on Human Rights (IACHR) to intervene in the case of the Puerto Rican community of Villas del Sol, where over 200 families have been subjected to continuous human rights violations by the Puerto Rican government and local law enforcement. Members of the community, made up of both Dominican immigrants and American citizens including over 300 children, have been subjected to police brutality, denied access to basic water and …
R (On The Application Of E) (Respondent) V Governing Body Of Jfs And The Admissions Appeal Panel Of Jfs (Appellants) And Others (Case Note) [2009] Uksc 15, Reuven (Ruvi) Ziegler
R (On The Application Of E) (Respondent) V Governing Body Of Jfs And The Admissions Appeal Panel Of Jfs (Appellants) And Others (Case Note) [2009] Uksc 15, Reuven (Ruvi) Ziegler
Dr. Reuven (Ruvi) Ziegler
This case-note offers comparative perspectives on the UK Supreme Court’s judgment in the JFS case (alleged racially discriminatory school admissions policy) and the Israeli Supreme Court’s judgment in the Emanuel Haredi school case (alleged Ashkenazi/Sephardi segregation arrangements).
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
Abstract The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture …
The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, Yehezkel Margalit
The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, Yehezkel Margalit
Hezi Margalit
Recently, we have witnessed dramatic changes in the formation of the family and parenthood. One of the results of those shifts is a growing number of children growing up outside of the traditional marriage framework. Therefore, the dilemma of determining a child's parentage, which was usually resolved by a legal fiction as to the child's legal parents, is becoming increasingly problematic. It is appropriate that any discussion of the establishment of legal parentage should start with a study of the rise of the most popular modern model, the genetic model.
It is relevant to point out that from the beginning …
'Freedom Of Contract' In Halachic Family Law? – A Comparison Of The Babylonian Talmud And The Palestinian Talmud, Yehezkel Margalit
'Freedom Of Contract' In Halachic Family Law? – A Comparison Of The Babylonian Talmud And The Palestinian Talmud, Yehezkel Margalit
Hezi Margalit
Recently we are witness to a growing interest in nuptial agreements, both in Jewish and civil law. In civil law it is customary to trace the “meta-story” of the development of civil family law from sacrament to status and from status to contract. Indeed, during the last fifty years we have seen how nuptial agreements developed to regulate different aspects of marriage in civil law, both in Israel and in the rest of the world. During the last twenty-five years an interest has also emerged in halakhic perspectives on “freedom of contract,” which is available for couples who wish to …
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.