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Articles 481 - 510 of 584
Full-Text Articles in Law
Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
Articles
Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …
Legislative Watch, Heather Morris
Legislative Watch, Ryan Vogel
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
William & Mary Bill of Rights Journal
No abstract provided.
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
No abstract provided.
Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio
Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio
William & Mary Environmental Law and Policy Review
No abstract provided.
Placing Blame Where Blame Is Due: The Culpability Of Illegal Armed Groups And Narcotraffickers In Colombia's Environmental And Human Rights Catastrophes, Luz E. Nagle
William & Mary Environmental Law and Policy Review
No abstract provided.
Income, Work And Freedom, Philip L. Harvey
Income, Work And Freedom, Philip L. Harvey
ExpressO
The ability of public policies to secure the economic and social rights recognized in the Universal Declaration of Human Rights is proposed as a trumping supplement to the utility-maximization criterion of neo-classical welfare economics. Two progressive proposals for ending poverty and promoting personal development and freedom are then compared using this assessment criterion. The first proposal is that society guarantee everyone an unconditional basic income (BI) without imposing work requirements in exchange for the guarantee. The second proposal is that society use direct job creation to provide employment assurance (EA) for anyone who is unable to find decent work in …
Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff
Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff
ExpressO
The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
San Diego International Law Journal
This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Faculty Publications
Mob violence can inflict devastating costs. Although typically wrought by private individuals, the incidence of riot as well as extent of riot harm often turn on the adequacy of police preparation and planning. Under the English common law, local governments were responsible for providing riot protection for their denizens. In keeping with the English tradition, early state laws in the United States also provided for communal riot responsibility, and when the states ratified the Fourteenth Amendment, state obligations in the riot context were well-established. Despite the common law underpinnings of the governmental duty to protect citizens from mob violence, however, …
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 …
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.
Homophobia And The “Matthew Shepard Effect” In Lawrence V. Texas, Kris Franklin
Homophobia And The “Matthew Shepard Effect” In Lawrence V. Texas, Kris Franklin
NYLS Law Review
No abstract provided.
The Development Of International Human Rights: Progress And Consolidation, Aryeh Neier
The Development Of International Human Rights: Progress And Consolidation, Aryeh Neier
Human Rights Brief
No abstract provided.
International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone
International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone
Human Rights Brief
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.
A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al
A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al
Abu Noman Mohammad Atahar Ali
Contributed articles; with reference to political and social history of Bihari (South Asian people) of Bangladesh
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach
ExpressO
In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …
The Cambodian Amnesties: Beneficiaries And The Temporal Reach Of Amnesties For Gross Violation Of Human Rights , Ronald C. Slye
The Cambodian Amnesties: Beneficiaries And The Temporal Reach Of Amnesties For Gross Violation Of Human Rights , Ronald C. Slye
ExpressO
This article uses the two amnesties granted by the Cambodian government in 1994 and 1996 to explore two important legal issues raised by amnesties generally: 1) to whom is the amnesty granted; and 2) for how long will the amnesty last.
The first issue addresses the beneficiary question – who is able to take advantage of an amnesty. The most interesting issue raised by the beneficiary question is whether an amnesty should be restricted to either superiors or subordinates. The article discusses this choice in the context of the Cambodian amnesties, other amnesties, and international law, and highlight the moral, …
Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky
Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky
Indiana Journal of Global Legal Studies
No abstract provided.
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Indiana Journal of Global Legal Studies
No abstract provided.
United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor
United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor
International Bulletin of Political Psychology
This article presents a hypothesis of untoward consequences through the reification of human rights.
Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Ibpp Editor
Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Ibpp Editor
International Bulletin of Political Psychology
This article considers political implications of the Milgram obedience studies and of how these studies have fared in professional and lay discourse. A point of departure for the article is a volume edited by Thomas Blass on the studies.
Poverty Reduction, Trade, And Rights, Chantal Thomas
Poverty Reduction, Trade, And Rights, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein
Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein
Faculty Publications
No abstract provided.
Legislative Focus: Congress Condemns Executions By Stoning, Chanté Lasco
Legislative Focus: Congress Condemns Executions By Stoning, Chanté Lasco
Human Rights Brief
No abstract provided.
Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto
Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto
Jackson Nyamuya Maogoto
Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.