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Articles 1 - 3 of 3
Full-Text Articles in Law
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons
Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons
All Faculty Scholarship
Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for …
The Role Of Support In Sexual Decision-Making For People With Intellectual And Developmental Disabilities, Jasmine E. Harris
The Role Of Support In Sexual Decision-Making For People With Intellectual And Developmental Disabilities, Jasmine E. Harris
All Faculty Scholarship
In response to Alexander Boni-Saenz, Sexuality and Incapacity, 76 Ohio St. L.J. 1201 (2015).
This Response analyzes three aspects of Boni-Saenz’s cognition-plus test. First, I position his normative and prescriptive proposals within an existing, robust conversation regarding legal capacity, SDM, and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Scholars of international human rights law offer valuable insights on challenges of redefining legal capacity and implementing SDM. Advocates continue to debate and contest SDM as a practical, administrable, and measurable alternative. Second, I identify potential normative implications of incorporating SDM into domestic law, specifically for …