Law Commons^™

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Richard J. Wilson

No abstract provided.

Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen

Jonathan R. Cohen

No abstract provided.

Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen

Jonathan R. Cohen

No abstract provided.

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons

Kaiya Amelia Lyons

No abstract provided.

The Tuttle Trilogy: Habeas Corpus And Human Rights, Anne S. Emanuel

Anne S. Emanuel

No abstract provided.

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

The Silent Enemy: Current Practices For Healthcare Professionals In The Identification And Reporting Of Psychological Harm In Cases Of Domestic Violence., Matthew Raj, Ellie Mckay

Matthew Raj

Awareness and recognition of domestic violence in Australia is increasing. In 2014, the Victorian Government appointed Fiona Richardson as the first Minister for the Prevention of Family Violence and Australian domestic violence campaigner Rosie Batty, whose 11-year-old son Luke was killed by her husband, was named 2015 Australian of the Year. Also, a Special Taskforce chaired by Former Governor-General Quentin Bryce has been formed to conduct an extensive review of domestic violence in Queensland and legislative reforms have been implemented that adopt a broader concept and definition of domestic violence which include psychological harm. Despite these developments, the ability of …

Health Care And Human Trafficking, Jonathan Todres

Jonathan Todres

No abstract provided.

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Jonathan Todres

No abstract provided.

Comparing Human Rights Practice, Jonathan Todres

Jonathan Todres

No abstract provided.

Human Rights And Justice For Juveniles, Jonathan Todres

Jonathan Todres

No abstract provided.

The Tortureres: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” In The Cia’S Post 9-11 Interrogation And Detention Program Under The Alien Tort Statute, David Satnarine

David Satnarine

The U.S. national security apparatus after September 11, 2001 engendered an emphasis of new forms of intelligence gathering. The U.S. Central Intelligence Agency, the United States and its agents sought to collect as much information as possible to prevent another attack on the homeland, and to bring to justice those responsible for the heinous acts of September 11, 2001. Through the use of private actors, corporate shells, and contractors, the United States employed a host of professional interrogators in its war on terror. Some of these private actors, through their corporate shells later become known as the architects of the …

Framing The Responsibility To Protect Doctrine As A Means Of Legal And Moral Intervention With Universal Jurisdiction Legal Obligations Of The Responsibility To Protect Doctrine And Universal Civil Jurisdiction In The Syrian Civil War Crisis, David Satnarine

David Satnarine

No abstract provided.

Certificates Of Confidentiality: Protecting Human Subject Research Data In Law And Practice, Leslie E. Wolf, Mayank J. Patel, Brett A. Tarver, Jeffrey L. Austin, Lauren A. Dame, Laura M. Beskow

Leslie E. Wolf

Researchers often require and collect sensitive information about individuals to answer important scientific questions that impact individual health and well-being and the public health. Researchers recognize they have a duty to maintain the confidentiality of the data they collect and typically make promises, which are documented in the consent form. The legal interests of others, however, can threaten researchers’ promises of confidentiality, if they seek access to the data through subpoena. Certificates of Confidentiality (Certificates), authorized by federal statute, are an important tool for protecting individually identifiable sensitive research data from compelled disclosure. However, questions persist in the research community …

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

Democracy And Torture, Patrick A. Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

O. Carter Snead

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …

Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley

Cynthia A. Williams

No abstract provided.

The Legitimacy Of International Human Rights, Samantha Besson, Sophia Reibetanz Moreau, François Tanguay-Renaud

François Tanguay-Renaud

Samantha Besson, Professor of Public International Law and European Law and Co-Director of the European Law Institute, Université de Fribourg, speaks about international human rights law and the philosophy of international law.

Respondent: Sophia Reibetanz Moreau, University of Toronto

Social Rights: Towards A Principled, Pragmatic Judicial Role, Craig M. Scott

Craig M. Scott

No abstract provided.

No Refuge: Hungarian Romani Refugee Claimants In Canada, Julianna Beaudoin, Jennifer Danch, Sean Rehaag

Sean Rehaag

From 2008 to 2012, large numbers of Hungarian Romani refugee claimants came to Canada. Their arrival was controversial. Some political actors suggested that their claims were unfounded and amounted to abuse of Canada’s refugee processes -- abuse which could only be prevented through wide-scale reforms to the refugee determination system. Many advocates for refugees, by contrast, argued that persecution against Roma was rampant in Hungary and noted that hundreds of Hungarians had been recognized as refugees in Canada. Some went further and contended that Romani refugee claimants fled persecution in Hungary only to be confronted with similar mistreatment in Canada. …

The United Nations Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment Or How It Is Still Better To Light A Candle Than To Curse The Darkness, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

Assessing Baxi’S Thesis On The Emergence Of A Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence From Nigerian Labour-Led Struggles, Obiora Chinedu Okafor

Obiora Chinedu Okafor

The objective of the article is to assess some of the sub-claims that emerge from Baxi’s thesis on an emergent trade-related market-friendly human rights paradigm in the light of the available evidence regarding the intense contestations and confrontations that have occurred between Nigeria’s politically and economically transitional Obasanjo regime and a local labour-led coalition. The piece sets out to ascertain the contextual and localised validity of these ‘Baxian’ sub-claims, within the wider context of the government vs. labour confrontations in Nigeria during the neo-liberal socio-economic reforms undertaken in that country between 1999 and 2005.

International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor

Obiora Chinedu Okafor

International human rights fact-finding (hereinafter "IHRFF") has been defined, rather generously, as: A method of ascertaining facts through the evaluation and compilation of various information sources ... [which] serves to illuminate the circumstances, causes, consequences and aftermath of an event from a systematic collection of facts. Understood in this way, IHRFF is not a new activity. Rather, various organizations, groups, and entities have engaged in it for a very long time. Indeed, issues relating to its ways and means, conceptual and operational problems, and best practices have occupied the attention of many practitioners, and cringed the brows of many of …

The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver

Johan D van der Vyver

ABOUT THE ARTICLE This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 …

Digital Copyright Enforcement Measures And Their Human Rights Threats, Peter K. Yu

Peter K. Yu

No abstract provided.

Panel 4: Civil Liberties, Nathalie Desrosiers, Fay Faraday, Sonia Lawrence, James Stribopoulos

Sonia Lawrence

PANEL IV: CIVIL LIBERTIES: Moderator:James Stribopoulos, Professor, Osgoode HallLaw School; Speaker: Nathalie Desrosiers, General Counsel, Canadian Civil Liberties Association & Professor, Faculty of Law, University of Ottawa, "The Advocacy Function in Canada and the Role of Non-Government Organizations"; Speaker: Fay Faraday, McMurtry Clinical Visiting Fellow, Osgoode Hall Law School, "Civil Society and Rights Litigation: Grassroots Nourishing the Charter Tree"; Discussant: Sonia Lawrence, Professor, Osgoode Hall Law School.