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Articles 1 - 28 of 28
Full-Text Articles in Law
“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez
“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez
Gema Pérez-Sánchez
No abstract provided.
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
Stephen Joseph Powell
WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …
Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Shubhankar Dam
What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …
Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers
Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers
Philippe Reyniers
In the context of the European Constitution, this article evaluates the European law applicable to services of general interest. It also analyses the normative premises of its regime, in a comparative perspective with the structures of the national welfare state.
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …
Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich
Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).
Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel
Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel
Jonathan Yovel
By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration and …
The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman
The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman
Deborah M. Weissman
This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …
False Advertising, Animals, And Ethical Consumption, Carter Dillard
False Advertising, Animals, And Ethical Consumption, Carter Dillard
Carter Dillard
In light of the fact that today's consumers often want their products to be created in the most environmentally, globally, and animal friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal protection. Whether there is a beneficial change in the law or not, current opportunities in the market for these cases should be sought …
Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma
Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma
Saumya Uma
This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.
Sweden: Industrial Relations And Labor Law. National Monograph. Second Revised And Amended Edition, Reinhold Fahlbeck
Sweden: Industrial Relations And Labor Law. National Monograph. Second Revised And Amended Edition, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin
A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin
Craig B. Mousin
No abstract provided.
Ora Et Labora – On Freedom Of Religion At The Work Place: A Stakeholder Cum Balancing Factors Model, Reinhold Fahlbeck
Ora Et Labora – On Freedom Of Religion At The Work Place: A Stakeholder Cum Balancing Factors Model, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Employee Involvement In Europe: Sweden, Reinhold Fahlbeck
Employee Involvement In Europe: Sweden, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Ora Et Labora – Thoughts On The Search For A Solution In Concordia, Reinhold Fahlbeck
Ora Et Labora – Thoughts On The Search For A Solution In Concordia, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Lagen Om Skydd För Företagshemligheter. En Kommentar Med Rättsöversikter [Act On The Protection Of Trade Secrets, A Commentary With Surveys Of Related Fields Of Law], Reinhold Fahlbeck
Lagen Om Skydd För Företagshemligheter. En Kommentar Med Rättsöversikter [Act On The Protection Of Trade Secrets, A Commentary With Surveys Of Related Fields Of Law], Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Comparative Labor Law – Quo Vadis?, Reinhold Fahlbeck
Comparative Labor Law – Quo Vadis?, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron
Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron
Charles H. Baron
The seven deadly sins of the status quo -- inhumanity, paternalism, Utilitarianism, hypocrisy, lawlessness, injustice, and the deadly risk of error and abuse -- are seven arguments against maintaining the artificial bright-line distinction between the prohibition against assisted suicide and the allowance of patients’ right to refuse life-prolonging treatment. This article calls on courts and legislatures to follow the successful example of the Oregon Death with Dignity statute.
Justice, Community, And Solidarity: Rethinking Affirmative Action Through The Lens Of Catholic Social Thought, Vincent Rougeau
Justice, Community, And Solidarity: Rethinking Affirmative Action Through The Lens Of Catholic Social Thought, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
Electronic Technology And Work: A Swedish Perspective, Reinhold Fahlbeck
Electronic Technology And Work: A Swedish Perspective, Reinhold Fahlbeck
Reinhold Fahlbeck
No abstract provided.
Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown
Bartram Brown
No abstract provided.
Barely Borders: Issues Of International Law, Bartram Brown
Barely Borders: Issues Of International Law, Bartram Brown
Bartram Brown
No abstract provided.
Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown
Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown
Bartram Brown
No abstract provided.
America Goes Global, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam
Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Shubhankar Dam
Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …
The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan
The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan
Donald J. Kochan
Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …