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Articles 1 - 30 of 146
Full-Text Articles in Law
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz
Faculty Scholarship
The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
Faculty Scholarship
This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky
University of Michigan Journal of Law Reform
This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …
Shooting Down Drug Traffickers, Phillip A. Johnson
Shooting Down Drug Traffickers, Phillip A. Johnson
International Law Studies
No abstract provided.
The Law Of War In Historical Perspective, Leslie C. Green
The Law Of War In Historical Perspective, Leslie C. Green
International Law Studies
No abstract provided.
Full Volume 72: Law Of Military Operations Liber Amicorum
Full Volume 72: Law Of Military Operations Liber Amicorum
International Law Studies
No abstract provided.
Why Basic Liberties Are Bilateral, James W. Nickel
A Call For Reform Of Recent Immigration Legislation, Jason H. Ehrenberg
A Call For Reform Of Recent Immigration Legislation, Jason H. Ehrenberg
University of Michigan Journal of Law Reform
The Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 dramatically limit the procedural rights of aliens who have been convicted of serious crimes. Consequently, aliens who have immigrated to the United States to escape persecution in their homelands are deported without adequate hearing or appeal. This Note argues that the laws violate international obligations and Constitutional law. It advocates amending the laws to give the Attorney General discretion over deportation decisions, eliminating retroactive application of deportation for aggravated felons, and reinstating judicial review of deportation or exclusion decisions.
The Indivisible Framework Of International Human Rights: A Source Of Social Justice In The U.S., Rhonda Copelon
The Indivisible Framework Of International Human Rights: A Source Of Social Justice In The U.S., Rhonda Copelon
City University of New York Law Review
No abstract provided.
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe
Indiana Journal of Global Legal Studies
No abstract provided.
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
Indiana Journal of Global Legal Studies
No abstract provided.
The Permissibility Of Affirmative Action In Higher Education Under Human Rights Law, Jordan J. Paust
The Permissibility Of Affirmative Action In Higher Education Under Human Rights Law, Jordan J. Paust
City University of New York Law Review
International human rights are the supreme law of the land, and thus are a legitimate and valuable source of the permissibility of affirmative action. This source is not only found in federal law relevant to decision making at federal and state levels, but is also found in federal policy which is relevant to the issue of federal preemption. Treaty-based permissibility does not however guarantee that particular measures of affirmative action will survive challenges under other constitutional provisions, but it is relevant to an evolving theory of constitutional rights. Indeed, treaty-based permissibility of affirmative action, coupled with other relevant sources, provide …
State Terror And Memory Of What?, Jaime Malamud Goti
State Terror And Memory Of What?, Jaime Malamud Goti
University of Arkansas at Little Rock Law Review
No abstract provided.
Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus
Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus
University of Arkansas at Little Rock Law Review
No abstract provided.
Plenary Remarks: Judges And The Role Of International Human Rights Law, Kristin Booth Glen
Plenary Remarks: Judges And The Role Of International Human Rights Law, Kristin Booth Glen
City University of New York Law Review
No abstract provided.
The Race Convention And Civil Rights In The United States, Theodore M. Shaw
The Race Convention And Civil Rights In The United States, Theodore M. Shaw
City University of New York Law Review
No abstract provided.
Indian Nations And The Human Right To An Independent Judiciary, Tom Tso
Indian Nations And The Human Right To An Independent Judiciary, Tom Tso
City University of New York Law Review
I would like to approach the topic of Indian rights in the context of international law from a new perspective. Currently, there is uncertainty as to whether the proposed United Nations Declaration of the Rights of Indigenous Peoples will be adopted. Given that the Declaration is stalled in Geneva, and given the resistance of states with large indigenous populations to the notion that indigenous peoples should have rights under international law, who knows when, or if, the Declaration will be adopted. We cannot wait. This article will highlight United States and Indian-nation history in the development of Indian-nation law, and …
International Human Rights Law And Sexuality: Strategies For Domestic Litigation, Kristen L. Walker
International Human Rights Law And Sexuality: Strategies For Domestic Litigation, Kristen L. Walker
City University of New York Law Review
No abstract provided.
Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer
Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer
Indiana Journal of Global Legal Studies
No abstract provided.
A Tribute To Jonathan Mann: Health And Human Rights In The Aids Pandemic, Lawrence O. Gostin
A Tribute To Jonathan Mann: Health And Human Rights In The Aids Pandemic, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
A tribute to Jonathan Mann, former head of the World Health Organization's global AIDS program and a key figure in the early fight against HIV/AIDS. The author discusses Mann's work in health and human rights, prevention of disease, and eliminating social injustice.
United Nations And Sexual Violence, Amy Henderson
United Nations And Sexual Violence, Amy Henderson
Buffalo Women's Law Journal
No abstract provided.
Social Rights And Economic Development: Converging Discourses?, Henry J. Steiner
Social Rights And Economic Development: Converging Discourses?, Henry J. Steiner
Buffalo Human Rights Law Review
No abstract provided.
Coming To Grips With Tomorrow's Human Rights Agenda, Philip Alston
Coming To Grips With Tomorrow's Human Rights Agenda, Philip Alston
Buffalo Human Rights Law Review
No abstract provided.
Universality And Relativity Of Human Rights: American Relativism, Johan D. Van Der Vyver
Universality And Relativity Of Human Rights: American Relativism, Johan D. Van Der Vyver
Buffalo Human Rights Law Review
No abstract provided.
Ubuntu And The Law In South Africa, Yvonne Mokgoro
Ubuntu And The Law In South Africa, Yvonne Mokgoro
Buffalo Human Rights Law Review
No abstract provided.
Truth And Reconciliation In South Africa: Accounting For The Past, Abdullah Omar
Truth And Reconciliation In South Africa: Accounting For The Past, Abdullah Omar
Buffalo Human Rights Law Review
No abstract provided.
Essay: Cleaning Our Own House: "Exotic" And Familial Human Rights Violations, Hope Lewis, Isabelle R. Gunning
Essay: Cleaning Our Own House: "Exotic" And Familial Human Rights Violations, Hope Lewis, Isabelle R. Gunning
Buffalo Human Rights Law Review
No abstract provided.
Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson
Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson
Buffalo Human Rights Law Review
No abstract provided.