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Articles 10441 - 10470 of 12353

Full-Text Articles in Law

The Relationship Of Church And State In Belarus: Legal Regulation And Practice, Alexander Vashkevich May 2003

The Relationship Of Church And State In Belarus: Legal Regulation And Practice, Alexander Vashkevich

BYU Law Review

No abstract provided.


New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson May 2003

New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson

BYU Law Review

No abstract provided.


Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka May 2003

Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka

San Diego International Law Journal

This Article seeks to understand why much of the hope for improved human rights has remained unrealized. It has four parts, in addition to this introduction and a conclusion. Part II provides a definition of human rights, the history of these rights in Nigeria, and the machinery that has evolved over the years, all the way up to the Obasanjo presidency, for the enforcement of these rights. Part III describes the practice of human rights in Nigeria before 1999. The section integrates General Obasanjo's role and it points to the legacy of British colonialism in Nigeria as a major factor …


Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp May 2003

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …


The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy May 2003

The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy

San Diego International Law Journal

This study is divided into two sections. The first section is further divided into two subsections. The first subsection examines the problems in defining emergencies; in the second subsection, we will examine the preconditions required for a valid derogation. The second section determines the Strasbourg machinery for the protection of human rights. This section is also divided into four subsections. Each subsection examines separate case laws from the European Court of Human Rights. Finally, a conclusion will be deduced in the light of the former reviews.


Religious Liberty And French Secularism, Jacques Robert May 2003

Religious Liberty And French Secularism, Jacques Robert

BYU Law Review

No abstract provided.


Unexpected Racial Assertions: A Counter-Reply To David Horowitz, David Boyle Apr 2003

Unexpected Racial Assertions: A Counter-Reply To David Horowitz, David Boyle

West Virginia Law Review

No abstract provided.


Response To Boyle's Comment, David Horowitz Apr 2003

Response To Boyle's Comment, David Horowitz

West Virginia Law Review

No abstract provided.


Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz Apr 2003

Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz

West Virginia Law Review

No abstract provided.


The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan Apr 2003

The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster Apr 2003

From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Unsavory White Omissions? A Review Of Uncivil Wars, David Boyle Apr 2003

Unsavory White Omissions? A Review Of Uncivil Wars, David Boyle

West Virginia Law Review

No abstract provided.


Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko Apr 2003

Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko

Cardozo Journal of International and Comparative Law

The article argues that post-conflict African nations, particularly Nigeria, face a critical challenge in balancing justice for past regime transgressions with the need to maintain social stability and consolidate democracy. It contends that criminal prosecutions, while symbolically important, may disrupt social equilibrium and fail to address systemic issues stemming from authoritarian rule. Instead, the article advocates for a pragmatic approach, emphasizing the establishment of a Truth Commission as a middle ground between retribution and amnesty to facilitate reconciliation and advance democratic consolidation.


Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux Apr 2003

Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux

Cardozo Law Review

No abstract provided.


Beyond Tolerance, Milner S. Ball Apr 2003

Beyond Tolerance, Milner S. Ball

Cardozo Law Review

No abstract provided.


Into The Fire: How To Avoid Getting Burned By The Same Mistakes Made Fighting Terrorism In Northern Ireland, Michael P. O'Connor, Celia M. Rumann Apr 2003

Into The Fire: How To Avoid Getting Burned By The Same Mistakes Made Fighting Terrorism In Northern Ireland, Michael P. O'Connor, Celia M. Rumann

Cardozo Law Review

No abstract provided.


United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor Mar 2003

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.


Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free Mar 2003

Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free

Washington International Law Journal

In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …


Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free Mar 2003

Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free

Washington International Law Journal

In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …


Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow Mar 2003

Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow

Michigan Law Review

Two familiar arguments oppose lawsuits and legislative efforts to address racial injustices from our national past, and a third tacit argument can be discerned. "Why open old wounds?": this question animates the first argument. The evidence is stale - this expresses the second argument. The third, less explicit objection reflects worries that exposing some gross and unremedied racial injustices from the past will reveal the scale of imperfections in the systems of justice and government and thereby undermine the legitimacy of those systems. To introduce the meticulous and passionate essays in this Colloquium, I elaborate and respond to each of …


American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez Mar 2003

American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez

Michigan Law Review

Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …


Foreword: Disability And Identity, Michael Ashley Stein Feb 2003

Foreword: Disability And Identity, Michael Ashley Stein

William & Mary Law Review

No abstract provided.


Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Ibpp Editor Jan 2003

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.


Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch Jan 2003

Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Jan 2003

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.


Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks Jan 2003

Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Realpolitik Of Empire, Tikkun A. S. Gottschalk Jan 2003

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin Jan 2003

Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin

Articles

No abstract provided.


Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith Jan 2003

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

Law Faculty Publications

No abstract provided.


Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick Jan 2003

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …