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Full-Text Articles in Law
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article shall present a detailed analysis of Equality Rights in the United States and Canada, and their relationship to race based government affirmative action programs as practiced in those two countries. At its most basic level, Equality Rights can be defined generally as the idea that a government must not discriminate against its citizens (i.e. treat some of them differently from others). Yet given this general definition of Equality Rights, how can one reconcile the concept with that of race based affirmative action programs? As this Article shall demonstrate, via its survey of the radically opposed American and Canadian …
Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker
Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law. In 1993, the Kingdom of Belgium enacted a domestic statute, the Loi du 16 Juin, which codified (in domestic Belgian law) the use and application of universal jurisdiction (for international crimes) in Belgian courts. The Statute, which went through two major revisions in February 1999 and April 2003, granted Belgian courts jurisdiction over war crimes, crimes against humanity, and genocide, regardless of where in …
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
Given the “third wave” of democratic development and entrenchment that has taken hold around the world within the past three decades, the topic of how these transitioning societies cope with the legacy of atrocity and criminality that often accompany authoritarian rule has taken on a fresh salience. The structural, ethical, legal, and political problems faced during such transitions have become the topic of a burgeoning “transitional justice” sub-field within the fields of Law and Political Science. This Article will survey key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition …