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Articles 1 - 7 of 7
Full-Text Articles in Law
To Touch And Concern The United States With Sufficient Force: How American Due Process And Choice Of Law Cases Inform The Reach Of The Alien Tort Statute After Kiobel, Karima Tawfik
Michigan Journal of International Law
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to considering claims that manifest a close connection to the United States as potentially entitling the plaintiff to relief under the ATS is preferable to approaches that categorically bar claims when the alleged conduct has occurred abroad. Part I describes the Kiobel decision in more depth and the subsequent ATS case law to outline the contours of recent circuit cases. Part II demonstrates how domestic personal jurisdiction and choice of law principles weigh in favor of a more expansive reading of the ATS, as adopted …
The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer
The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer
Northwestern Journal of Human Rights
In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …
The Fifa World Cup, Human Rights Goals And The Gulf Between, Richard J. Peltz-Steele
The Fifa World Cup, Human Rights Goals And The Gulf Between, Richard J. Peltz-Steele
Faculty Publications
With Russia 2018 and Qatar 2022 on the horizon, the process for selecting hosts for the World Cup of men’s football has been plagued by charges of corruption and human rights abuses. FIFA celebrated key developing economies with South Africa 2010 and Brazil 2014. But amid the aftermath of the global financial crisis, those sittings surfaced grave and persistent criticism of the social and economic efficacy of sporting mega-events. Meanwhile new norms emerged in global governance, embodied in instruments such as the U.N. Guiding Principles on Business and Human Rights (UNGP) and the Sustainable Development Goals. These norms posit that …
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Articles & Chapters
During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …
The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann
Articles & Chapters
No abstract provided.