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Articles 1 - 14 of 14
Full-Text Articles in Law
Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian
Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian
Lara Karaian
This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …
Reunification Of Child And Animal Welfare Agencies: Cross-Reporting Of Abuse In Wellington County, Ontario, Lisa Anne Zilney, Mary Zilney
Reunification Of Child And Animal Welfare Agencies: Cross-Reporting Of Abuse In Wellington County, Ontario, Lisa Anne Zilney, Mary Zilney
Department of Justice Studies Faculty Scholarship and Creative Works
Institutional change has resulted in the separation of organizations for the protection of animals and children. This project reunites two organizations to examine associations between human violence and animal cruelty. For 12 months, Family and Children's Services (FCS) investigators and Humane Society (HS) investigators in Wellington County, Canada, completed checklists to examine connections between forms of violence. FCS workers found some cause for concern in 20% of 1,485 homes with an animal companion. HS workers completed 247 checklists, resulting in 10 referrals to FCS. The first study of its kind, this project details the findings of cross-reporting in Wellington County …
Defense Of Others And Defensless "Others", Amy J. Sepinwall
Defense Of Others And Defensless "Others", Amy J. Sepinwall
Legal Studies and Business Ethics Papers
When the Unborn Victims of Violence Act (UVVA) was signed into law on April 1, 2004,1 the federal government dishonored nothing less pedigreed than its founding philosophy. The UVVA criminalizes harm to the fetus and sanctions such harm with the punishment that would have befallen the accused had the women carrying the fetus been the one to sustain the injuries instead.2 This Article argues that recent efforts at fetal protection, like the UVVA, defy and defile liberalism, the political theory underpinning this nation's constitution,3 and thereby conduce to the subordination of women. 4
International Legal Pluralism, William W. Burke-White
International Legal Pluralism, William W. Burke-White
Faculty Scholarship at Penn Carey Law
No abstract provided.
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang
Faculty Scholarship at Penn Carey Law
No abstract provided.
The Protestant Revolutions And Western Law, William Ewald
The Protestant Revolutions And Western Law, William Ewald
Faculty Scholarship at Penn Carey Law
No abstract provided.
What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein
What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein
Faculty Scholarship at Penn Carey Law
No abstract provided.
The New Dividend Puzzle, William W. Bratton
The New Dividend Puzzle, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton
Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton
Faculty Scholarship at Penn Carey Law
No abstract provided.
Managing Gerrymandering, Mitchell N. Berman
Managing Gerrymandering, Mitchell N. Berman
Faculty Scholarship at Penn Carey Law
No abstract provided.
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Part I of Judicial Selection: Ideology versus Character sets the stage for an argument that character and not political ideology should be the primary factor in the selection of judges. Political ideology has played an important role in judicial selection, from John Adams's entrenchment of federalists as judges after the election of 1800 to the Roosevelt's selection of progressives, liberals, and New Dealers, the contemporary era, from the failed nominations of Fortas, Haynsworth, Carswell to the defeat of Robert Bork, the narrow confirmation of Clarence Thomas. But until recently, political ideology has played its role behind the scenes--mostly off the …
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
Donald J. Kochan
Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …
Waiting For Some Angel: Indigenous Rights As An Ethical Imperative In The Theory And Practice Of Human Rights, Sam Grey
Sam Grey
This article uses the stalled Draft Declaration on the Rights of Indigenous Peoples as the impetus for an examination of arguments championing and opposing the framing of Indigenous rights as human rights. Failings both theoretical and practical – in the conceptualisation, promulgation and interpretation of human rights – have long left Aboriginal peoples at a disadvantage. The dual focus of Indigenous claims is unique in the rights lexicon, asserting the right to be simultaneously different from and equal to the majority population. Yet Indigenous rights are often perceived, by governments with the power to block their progress, as a threat …
No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan
Donald J. Kochan
Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …