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Articles 1 - 20 of 20
Full-Text Articles in Law
Efficiencies In Aids Programming: The Rhetoric And The Realities, Brook Baker, David Holtzman, Jennifer Cohn
Efficiencies In Aids Programming: The Rhetoric And The Realities, Brook Baker, David Holtzman, Jennifer Cohn
Brook K. Baker
Finding “efficiencies” in global HIV programs is the buzzword of the hour. This term has peppered speeches of everyone from Global AIDS Ambassador Eric Goosby to President Clinton and Bill Gates. Even UNAIDS is utilizing new frameworks for costing HIV interventions focusing on strategic investments instead of needs-based costing. “Efficiency” here is generally taken to mean “do more with less” — save lives with fewer resources and win the war against HIV without funding increases. Although there are efficiencies to be gained, additional up-front investments are necessary to turn the tide against HIV and save future costs. It is also …
Evils Of Law; Ethics Of Violence: A Look On The Derogatory Nature Of Freedom Of Assembly, Amin Parsa
Evils Of Law; Ethics Of Violence: A Look On The Derogatory Nature Of Freedom Of Assembly, Amin Parsa
Amin Parsa
No abstract provided.
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
The New Constitutional Order And Globalization, Maxwell Chibundu
The New Constitutional Order And Globalization, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Law And The Political Economy Of Privatization In Sub-Saharan Africa, Maxwell Chibundu
Law And The Political Economy Of Privatization In Sub-Saharan Africa, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Liberalism In The Age Of Terror: On Defining Our Barbarians, Maxwell Chibundu
Liberalism In The Age Of Terror: On Defining Our Barbarians, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Quality Of Life: A Review Of Martha Nussbaum's Creating Capabilities, Vincent Rougeau
Quality Of Life: A Review Of Martha Nussbaum's Creating Capabilities, Vincent Rougeau
Vincent D. Rougeau
When societal progress is viewed primarily in terms of the overall increase in economic wealth, the human need for membership and meaningful participation soon loses salience in public policy debates and, ultimately, is relegated to the realm of preference. The vehemence of the recent protests against union-busting legislation in Wisconsin was surprising, partly because many of us had assumed that strong unions had long ago been sacrificed to the gods of free market liberalism. Determining whether a society is truly flourishing, however, requires an assessment of a broad range of measures of human flourishing, including meaningful opportunities to engage in …
Governing The Commemoration Of Catastrophic Violence – The Israeli Nakba Law, Markus Gunneflo
Governing The Commemoration Of Catastrophic Violence – The Israeli Nakba Law, Markus Gunneflo
Markus Gunneflo
No abstract provided.
Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg
Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg
Peter J Honigsberg
On April 20, 2010, British Petroleum’s Deepwater Horizon drilling rig in the Gulf of Mexico exploded, killing eleven people and spilling billions of gallons of oil into the gulf. In the days and weeks that followed, the media pointed to the Minerals Management Services (MMS), the regulatory agency responsible for managing offshore drilling, as being complicit with BP. The MMS issued permits for deepwater drilling in violation of its regulations; provided hundreds of exemptions to the regulations; maintained lax monitoring and enforcement procedures; allowed the companies to draft regulations that suited their interests and objectives; and engaged in inappropriate relationships …
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron
Charles H. Baron
The litigation to protect Jehovah’s Witnesses from unwanted blood transfusions, which their theology considers a violation of the biblical prohibition against drinking blood, has produced important changes in both the right to refuse treatment and in the preferred treatment methods of all patients. This article traces the evolution of the rights of competent medical patients in the United States to refuse medical treatment. It also discusses the impact this litigation has had on the medical community’s realization that blood transfusions were neither as safe nor as medically necessary as medical culture posited.
Review Of Paul Farmer's 'Partner To The Poor', Anthony Chase
Review Of Paul Farmer's 'Partner To The Poor', Anthony Chase
Anthony Chase
No abstract provided.
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Lucian E Dervan
Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …
The Right To Education For Roma Children Under The European Convention On Human Rights, Ida Elisabeth Koch
The Right To Education For Roma Children Under The European Convention On Human Rights, Ida Elisabeth Koch
Ida Elisabeth Koch
No abstract provided.
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Paulo Barrozo
Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction, Part …
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
Lucian E Dervan
In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
Lucian E Dervan
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …
Evaluating Life: Working With Ethical Dilemmas In Education For Sustainable Development, Moa De Lucia Dahlbeck, Johan Dahlbeck
Evaluating Life: Working With Ethical Dilemmas In Education For Sustainable Development, Moa De Lucia Dahlbeck, Johan Dahlbeck
Moa Dahlbeck
Codifications of human rights are widely understood as politically established instruments for evaluating human life. The call for such an apparatus emerges as a response to the age-old problem of social organization, constituting – in extension – a means by which to cope with the overall problem of survival. However, evaluating life is inherently problematic. It is problematic as it presupposes an already existing framework by which to judge all instances of life. In a way then, the impartial evaluation of life seems impossible from a human point of view. Nevertheless, as the problem of survival is one of continuous …
Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan
Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan
Lucian E Dervan
This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …