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Full-Text Articles in Law

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma Dec 2005

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.


Human Rights In Refugee Tribunals, Kathryn Jastram, Shelley Cavalieri Jan 2005

Human Rights In Refugee Tribunals, Kathryn Jastram, Shelley Cavalieri

Kate Jastram

No abstract provided.


U.S. And International Asylum Standards, Kathryn Jastram, Mark Hetfield Et Al. Jan 2005

U.S. And International Asylum Standards, Kathryn Jastram, Mark Hetfield Et Al.

Kate Jastram

No abstract provided.


A-File And Record Of Proceeding Analysis Of Expedited Removal, Kathryn Jastram, Mark Hetfield Et Al. Jan 2005

A-File And Record Of Proceeding Analysis Of Expedited Removal, Kathryn Jastram, Mark Hetfield Et Al.

Kate Jastram

No abstract provided.


Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian Jan 2005

Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian

Lara Karaian

This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …


Gender Construction And The Limits Of Liberal Equality, Gila Stopler Jan 2005

Gender Construction And The Limits Of Liberal Equality, Gila Stopler

Gila Stopler

This article will suggest a possible answer to the puzzling question of why despite the egalitarian principles upon which Western liberal democracies are allegedly predicated sex discrimination in these societies persists and sex discrimination on the basis of religion and culture is most often even countenanced and protected. I argue that the gendered structure of liberal society and of the liberal self, within which we all operate, serve as a framework within which different roles, different obligations and different paths for men and for women, in both liberal and non-liberal societies, seem natural and inevitable and therefore in no need …


The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler Jan 2005

The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler

Gila Stopler

Surveying the relationship between religion and the state in the US and in European liberal democracies the article distinguishes between five different facets of the relationship between religion and the state in liberal democracies - institutional differentiation between religion and the state, strong protection of religious liberty, the involvement of religion in politics, the extent of religious involvement in education and social services, and the levels of religious belief of individuals in society - and discusses how each of them affects women’s right to equality. The article argues that contrary to common assumptions the relationship between patriarchal religion and the …


The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel Jan 2005

The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel

Jonathan Yovel

The right of a defaulting party to cure a non-performance under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, correlated by the aggrieved party’s obligation to receive such curative performance, has emerged as the single most innovative contribution of the Uniform Commercial Code to sales law in general. However, in comparative perspective the cure doctrine is by no means universal nor uniform. This study offers a construction of the meaning of contractual cure and in particular its relation to the aggrieved party’s power to terminate the contract …


The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman Jan 2005

The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman

Deborah M. Weissman

This article provides an interpretive account of the political economy of violence localized in Cd. Juarez, Mexico. It examines the socioeconomic conditions attending decades during a period of rapid transformation to an export economy as the environment in which violence against women has assumed endemic proportions. The serial murders of women have been alternately problematized as deeds of criminal deviants, as a reactionary gendered responses to women replacing men in the wage labor force, and as the failure of the state to exercise local authority. This article argues for a more comprehensive analysis that includes the above theories without bracketing …


Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson Jan 2005

Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The geopolitics of the Euphrates-Tigris River Basin are marked by a scarcity of both water and trust. Management of transboundary water resources has become one of the most significant challenges to the international community. Limited territorial sovereignty is emerging as a customary rule of international law and is supported by the Convention on the Law of Non-navigational Uses of International Watercourses, the Gabcikovo-Nagymaro case, a growing number of regional water treaties, and the majority of the most highly qualified scholars. The International Court of Justice has condemned unilateral action. Joint water management commissions and authorities enhance adaptable co-riparian cooperation. By …


Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …