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Full-Text Articles in Law
Counter-Rejoinder: Justice Vs. Justiciability?: Normative Neutrality And Technical Precision, The Role Of The Lawyer In Supranational Social Rights Litigation, Tara J. Melish
Tara Melish
An important debate is currently underway in the inter-American human rights system involving the proper approach litigators, adjudicators, and advocates should take to supranational litigation of economic, social and cultural rights. Centered on questions of jurisdiction and the proper characterization and limits of justiciability, its resolution has tremendous implications for the tools available to on-the-ground advocates, their real-world effectiveness and sustainability in adjudicatory and advocacy contexts alike, and the rationalization of the system's developing jurisprudence over the long-term.
This article book-ends a trilogy of pieces appearing in the NYU Journal of International Law and Politics by two sets of authors, …
Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons
Litigating For Justice: Defense Work At The International Criminal Tribunal For Rwanda (Ictr), Beth S. Lyons
Beth S. Lyons
Fair trial issues are usually a key part of any defense strategy – at trial or on appeal – but they serve an additional function at the international tribunals. They provide a “lever” for finding the truth. Fair trial guarantees – such as full disclosure of exculpatory material and other principles - make for truth telling; and they mitigate against the writing/re-writing history through judgments. Where there are fair trial violations, the likelihood of an accurate historical account, based on the evidence, is virtually non-existent. Hence, the struggle for fairness is a struggle for the truths.
Homage To Filártiga, Perry S. Bechky
Homage To Filártiga, Perry S. Bechky
Perry S. Bechky
The Supreme Court’s new decision in Kiobel severely restricted human rights litigation under the Alien Tort Statute (ATS). In doing so, the Court gravely injured the canonical human rights case of Filártiga. This essay celebrates Filártiga, demonstrating that it survives Kiobel in four key respects: its approach to the sources of international law, its conclusion that international law prohibits torture, its dynamic vision of the way the human rights revolution transformed international law, and its hope that courts can help make real a world without torture. The essay presents Filártiga as a living presence and a beacon for future development …
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article, written and published for a Spanish speaking audience, provides with a critical comparative overview of the principles of civil procedure and of the law of evidence.