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Full-Text Articles in Law
Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb
Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb
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No abstract provided.
The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb
The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb
Articles
No abstract provided.
Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb
Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb
Articles
In response to the growing academic and political movement that opposes the direct incorporation of treaties into domestic federal law, numerous scholars have proposed that states take on an increased role in the domestic interpretation and implementation of international human rights treaties. The focus of this scholarship to date has been to locate doctrinal gaps where state legislatures and courts may act without intruding in areas of traditionally federal jurisdiction. Thus far, however, little effort has been directed towards modeling an affirmative obligation for state participation in treaty implementation, despite the fact that state action is arguably required, both pragmatically …