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Full-Text Articles in Law

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White Dec 2010

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its …


Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher Jan 2010

Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher

Hofstra Law Review

No abstract provided.


Beyond Occupation: Protected Persons And The Expiration Of Obligations, Tom Syring Jan 2010

Beyond Occupation: Protected Persons And The Expiration Of Obligations, Tom Syring

ILSA Journal of International & Comparative Law

In spite of the increasing importance and expanding scope of international law, some subjects of international law still fall outside of the protection offered by existing legal instruments.


Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe Jan 2010

Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

What happens when a state breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? Can a new state be held accountable for violations that took place before the entry into force of the treaty with respect that state? This comment examines the European Court of Human Rights’ (hereinafter 'the Court' or 'the ECHR') encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for wrongful acts of a …


Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr Jan 2010

Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr

Faculty of Law - Papers (Archive)

Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more recent …