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Full-Text Articles in Law

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr. Nov 2016

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Table of Contents, Volume 1, Issue 1, 2016, Dignity: A Journal on Sexual Exploitation and Violence.


Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer Nov 2016

Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer

Thomas L. Shaffer

But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …


Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer Oct 2016

Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …


Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett Aug 2016

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Richard W Garnett

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …


Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah Feb 2016

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Tawia B. Ansah

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …


Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury Feb 2016

Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury

Cyra A. Choudhury

No abstract provided.


Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey Dec 2015

Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey

Jack I Garvey

This article proposes a solution to the crisis of due process that has been generated by the UN Security Council targeting sanctions against listed individuals, commercial entities and other organizations. It addresses the strategic paradox that UN listing, ostensibly designed to enhance global security, is increasingly undermining the legitimacy and efficacy of targeted sanctions. The article proposes, for constructive resolution of the due process dilemma of UN listing, that the blacklisting mandated by sanctions resolutions of the United Nations Security Council be undertaken exclusively through the processes of national and regional law. The article explains how this can avoid the …


The Environmental Justice Implications Of Biofuels, Carmen G. Gonzalez Dec 2015

The Environmental Justice Implications Of Biofuels, Carmen G. Gonzalez

Carmen G. Gonzalez


Analyses of the viability of biofuels as alternatives to fossil fuels have

often adopted a technocratic approach that focuses on environmental

consequences, but places less emphasis on the impact that biofuels may have

on vulnerable populations. This Article fills the gap in the existing literature

by evaluating biofuels through the lens of environmental justice – including

climate justice and food justice. The Article examines the impact of biofuels

on the global food system and on the planet’s most food-insecure

populations. It concludes that the laws and policies promoting the

cultivation of biofuels have contributed to global malnourishment by raising

food …


The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan Dec 2015

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Donald J. Kochan

Debates have intensified in recent years about the utility of legal scholarship generally, and international law scholarship has not been immune from some specific, targeted scrutiny. Yet few fields of legal scholarship have a history like international law scholarship, where the courts and other authorities have identified scholars of international law as holding a special place of privilege and stature in the interpretation of international law. This essay examines the unique role of international law scholarship in the interpretation of international law by courts and other authorities. Furthermore, through various data compilations and the depictions of trends in more than …