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Articles 31 - 60 of 232
Full-Text Articles in Law
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
Georgia Journal of International & Comparative Law
No abstract provided.
Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver
Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver
University of Miami International and Comparative Law Review
No abstract provided.
Letter From The Editor, Adrienne M. De La Rosa
Letter From The Editor, Adrienne M. De La Rosa
Notre Dame Journal of International & Comparative Law
A letter from the editor
Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall
Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall
Notre Dame Journal of International & Comparative Law
This Article explicates the international legal framework governing State action against transnational crime; it also explores the disparity in what international law permits military actors to do in situations of armed conflict versus what actions civilians may undertake in the course of extraterritorial law enforcement operations. This Article argues that the trend of militarization in the U.S. approach to transnational crime law is, in part, a function of this legal disparity and that this trend could be reversed a degree if international law recognized a greater degree of flexibility for certain limited categories of extraterritorial law enforcement actions by civilian …
Ecowas's Right To Intervene In Côte D'Ivoire To Install Alassane Ouattara As President-Elect, Julie Dubé Gagnon
Ecowas's Right To Intervene In Côte D'Ivoire To Install Alassane Ouattara As President-Elect, Julie Dubé Gagnon
Notre Dame Journal of International & Comparative Law
On January 6, 2011, President-elect Alassane Ouattara of Côte d’Ivoire requested the Economic Community of West African States (ECOWAS) to intervene in order to remove incumbent Laurent Gbagbo, who refused to leave power following the democratic presidential elections of November 2010. In December 2010, ECOWAS gave a final ultimatum to Laurent Gbagbo to comply with its request on ceding his throne. Otherwise, ECOWAS warned, it would be compelled to use legitimate force to serve the demands of the Ivorian people. This Article ascertains the illegality of a military intervention for pro-democratic motives in light of the current postelection crisis in …
Constitutional Borrowing As Jurisprudential And Political Doctrine In Shri D.K. Basu V. State Of West Bengal, Sam F. Halabi
Constitutional Borrowing As Jurisprudential And Political Doctrine In Shri D.K. Basu V. State Of West Bengal, Sam F. Halabi
Notre Dame Journal of International & Comparative Law
The discipline of comparative constitutional law today is focused in significant part on the study of how and why judges use foreign precedent. Scholars debate the propriety of using foreign precedent as “authority,” circumstances under which such use is consistent with democracy (or a product of democratization), and which constitutional traditions may derive the greatest benefit from comparison. While comparative law theorists have long reflected on, and struggled with, a standard disciplinary vocabulary to describe what judges do when they engage in “comparative constitutional law,” the existing scholarship generally distributes judges’ use of foreign precedent into one of three modes …
Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen
Conscientious Objection Of Health Care Providers: Lessons From The Experience Of The United States, Soledad Bertelsen
Notre Dame Journal of International & Comparative Law
In recent years, legislation and regulations in different countries of the world have raised questions about the conscientious objection of health care providers. In Spain, the Sexual and Reproductive Health and Voluntary Interruption of Pregnancy Act of 2010 (Sexual and Reproductive Health Act) recognizes the right to conscientious objection of professionals directly involved in the termination of pregnancy but also expands the possibility to perform abortions in relation to previous legislation. The application of the conscientious objection clause, however, leaves multiple questions open, and both the administration and the judiciary have reached different conclusions in its interpretation. The discussion about …
A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz
A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz
University of Miami Law Review
No abstract provided.
The Abu Ghraib Convictions: A Miscarriage Of Justice, Robert Bejesky
The Abu Ghraib Convictions: A Miscarriage Of Justice, Robert Bejesky
Buffalo Public Interest Law Journal
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Why Turner V. Rogers Was And Wasn’T Correctly Decided: How The Fourteenth Amendment Should Be Read For Child Support Contemnors, Gina Rose Lauterio
Why Turner V. Rogers Was And Wasn’T Correctly Decided: How The Fourteenth Amendment Should Be Read For Child Support Contemnors, Gina Rose Lauterio
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz
The New Facially Neutral “Anti-Shariah” Bills: A Constitutional Analysis, Amara S. Chaudhry-Kravitz
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Holy Land Foundation Case: The Collapse Of American Justice, Hollander Nancy
The Holy Land Foundation Case: The Collapse Of American Justice, Hollander Nancy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Deciphering The Divine: An Unmasking Of Islamic Law, Hamid Khan
Deciphering The Divine: An Unmasking Of Islamic Law, Hamid Khan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker
Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Young Sex Offender Debacle: The Continued Need For Changes To Juvenile Sex Offender Registry Requirements, Samantha Brewster-Owens
The Young Sex Offender Debacle: The Continued Need For Changes To Juvenile Sex Offender Registry Requirements, Samantha Brewster-Owens
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee
Seattle University Law Review
Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …
The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle
The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle
Seattle University Law Review
While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
Transnational Corporations' Outward Expression Of Inward Self-Constitution: The Enforcement Of Human Rights By Apple, Inc., Larry Cata Backer
Transnational Corporations' Outward Expression Of Inward Self-Constitution: The Enforcement Of Human Rights By Apple, Inc., Larry Cata Backer
Indiana Journal of Global Legal Studies
Societal constitutionalism presents us with alternatives to state-centered constitutional theory. But this alternative does not so much displace as extend conventional constitutional theory as a set of static premises that structure the organization of legitimate governance units. Constitutional theory, in either its conventional or societal forms, engages in both a descriptive and a normative project-the former looking to the incarnation of an abstraction and the later to the development of a set of presumptions and principles through which this incarnation can be judged. Constitutional theory is conventionally applied to states-that is, to those manifestations of organized power constituted by a …
A Janus Look At International Criminal Justice, Diane Marie Amann
A Janus Look At International Criminal Justice, Diane Marie Amann
Northwestern Journal of Human Rights
No abstract provided.
Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder
Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder
Northwestern Journal of Human Rights
No abstract provided.
Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai
Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai
Northwestern Journal of Human Rights
No abstract provided.
Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman
Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman
Northwestern Journal of Human Rights
No abstract provided.