Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 23 of 23
Full-Text Articles in Law
Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus
Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus
Law and Contemporary Problems
No abstract provided.
Corporal Punishment And The Cultural Defense, Alison Dundes Renteln
Corporal Punishment And The Cultural Defense, Alison Dundes Renteln
Law and Contemporary Problems
No abstract provided.
Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams
Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams
Law and Contemporary Problems
Williams describes the Truth and Reconciliation Commission (TRC) process that was put into place in Greensboro NC. That process was set up to address community hostilities that had been festering for more than twenty years, since the 1979 killings of black protesters by Ku Klux Klansmen and American Nazis. In that case a grassroots-initiated TRC was formed to address the community problems, but it was not backed by the local government and it lacked the ability to grant amnesty or to subpoena witnesses. Community members had very different views regarding the necessity and likely helpfulness of the TRC. She concludes …
The Reach Of Rights: “The Foreign” And “The Private” In Conflict-Of-Laws, State-Action, And Fundamental-Rights Cases With Foreign Elements, Jacco Bomhoff
Law and Contemporary Problems
No abstract provided.
International Delegation And State Sovereignty, Oona A. Hathaway
International Delegation And State Sovereignty, Oona A. Hathaway
Law and Contemporary Problems
Hathaway rebuts the claim that state sovereignty almost always suffers when states delegate authority to international institutions. Critics of delegation err, she contends, by overemphasizing the costs but losing sight of some of the substantial benefits of cooperation. She considers the challenge to sovereignty posed by international delegation by focusing on recent debates over the influence of international legal commitments on domestic governance.
The Institutionalist Implications Of An Odious Debt Doctrine, Paul B. Stephan
The Institutionalist Implications Of An Odious Debt Doctrine, Paul B. Stephan
Law and Contemporary Problems
Sovereigns incur debts, and creditors look to the law to hold sovereigns to their obligations. In legal terms, the question is whether to recognize and define an odious debt defense through a treaty or national legislative acts, on the one hand, or through the decisions of authoritative dispute-settlement bodies, whether international arbitral organs or domestic courts. Moreover, others may think that odious debt doctrine as a means can optimize the social welfare generated by sovereign-debt contracts. Here, Stephan examines the social welfare in the economic sense but attacks the problem from a different direction and concludes that no satisfactory mechanism …
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Law and Contemporary Problems
Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
Law and Contemporary Problems
McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
Law and Contemporary Problems
While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Law and Contemporary Problems
One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
Law and Contemporary Problems
There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.
Introduction, M. Cherif Bassiouni
Introduction, M. Cherif Bassiouni
Law and Contemporary Problems
Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.
Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis
Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis
Law and Contemporary Problems
Lustration laws are used in the nations of the former communist bloc to determine whether suspected individuals collaborated with the former state security service. An overview is presented of the current status of such laws.
International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris
International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris
Law and Contemporary Problems
Reasons for a consistent pattern of compromise when it comes to impunity for international crimes and human rights violations are discussed. Guidelines are presented for facilitating accountability for these crimes.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Law and Contemporary Problems
The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Law and Contemporary Problems
Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Law and Contemporary Problems
The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Law and Contemporary Problems
Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
Law and Contemporary Problems
Canadian courts are in the process of challenging existing thought about the constitutional protection of freedom of expression. Establishing equality requires reciprocity of respect and parity of regard for physical dignity and personal integrity. Canadian Supreme Court decisions on pornography are discussed.
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust
Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust
Law and Contemporary Problems
No abstract provided.
Advancing Human Rights Through The United Nations, John W. Halderman
Advancing Human Rights Through The United Nations, John W. Halderman
Law and Contemporary Problems
No abstract provided.