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Full-Text Articles in Law

The Rights Of The New Untouchables: A Constitutional Analysis Of Hiv Jurisprudence In India, Jayanth K. Krishnan Jan 2003

The Rights Of The New Untouchables: A Constitutional Analysis Of Hiv Jurisprudence In India, Jayanth K. Krishnan

Articles by Maurer Faculty

It is believed that India will soon have the highest number of HIV/AIDS cases of any country. Some reports project that 37 million people will be infected within the next two decades. Sadly, few studies have examined the legal claims of those who suffer with this disease in this, the world's largest democracy. In this article, I systematically examine how the courts in India have responded to rights-based claims brought by people who have HIV. The conventional wisdom is that the Indian judiciary frequently protects the rights of the poor, the under-represented, and the ill. But my findings reveal that, …


Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan Jan 2002

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.


Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter Jan 2000

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

No abstract provided.


A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler Jan 2000

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters Jan 2000

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …


Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown Oct 1999

Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters Jan 1999

The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters

Articles by Maurer Faculty

The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.

One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …


Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller Jan 1997

Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


Noted Japanese Jurist Speaks Out Against Capital Punishment Jul 1996

Noted Japanese Jurist Speaks Out Against Capital Punishment

Alfred Aman Jr. (1991-2002)

No abstract provided.


"Two Souls To Struggle With....": The Failing Implementation Of Hungary's New Minorities Law And Discrimination Against Gypsies, Timothy W. Waters, Rachel Guglielmo Jan 1996

"Two Souls To Struggle With....": The Failing Implementation Of Hungary's New Minorities Law And Discrimination Against Gypsies, Timothy W. Waters, Rachel Guglielmo

Articles by Maurer Faculty

No abstract provided.


Constitutionalism In The Global Era, Elisabeth Zoller Jan 1996

Constitutionalism In The Global Era, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


The Right To Education As An International Human Right, Jost Delbruck Jan 1992

The Right To Education As An International Human Right, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.


Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler Jan 1989

Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth Jan 1986

Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker Jan 1985

Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.


Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher Jan 1982

Mass Asylum And Human Rights In American Foreign Policy, John Scanlan, G. D. Loescher

Articles by Maurer Faculty

No abstract provided.


Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti Jan 1981

Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

No abstract provided.


Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson Jan 1978

Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.


Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti Jan 1978

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

The present essay is one of the fruits of a four-year comparative research project entitled "Florence Access-to-Justice Project," sponsored by the Ford Foundation and, with a slightly more local focus, the Italian National Council of Research (CNR). The essay will serve as the General Report introducing the Project's forthcoming four-volume series. The volumes, being published by Sijthoff (Leyden and Boston) and Giuffr6 (Milan) under the general editorship of Mr. Cappelletti are: Volume I. Access to Justice: A World Survey (edited by Messrs. Cappelletti and Garth); Volume II. Access to Justice: Studies of Promising Institutions (edited by Mr. Cappelletti and Mr. …


Declaration On The Human Environment, Bryant G. Garth Jan 1973

Declaration On The Human Environment, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Human Rights In South Africa, John T. Baker Jan 1965

Human Rights In South Africa, John T. Baker

Articles by Maurer Faculty

No abstract provided.


Liberty, Robert C. Brown Jan 1930

Liberty, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.


Anti-Social Exercise Of Rights, Robert C. Brown Jan 1930

Anti-Social Exercise Of Rights, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.


The Nature Of Law, Hugh Evander Willis Jan 1907

The Nature Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.