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Full-Text Articles in Law
Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig
Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig
Duke Law & Technology Review
As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based open source …
Do Unto Others: The Importance Of Better Compliance With Consular Notification Rights, Cindy Galway Buys, Scott D. Pollock, Ioana Navarette Pellicer
Do Unto Others: The Importance Of Better Compliance With Consular Notification Rights, Cindy Galway Buys, Scott D. Pollock, Ioana Navarette Pellicer
Duke Journal of Comparative & International Law
No abstract provided.
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
Duke Journal of Comparative & International Law
No abstract provided.
Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum
Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum
Duke Law Journal
No abstract provided.
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
Duke Law Journal
The Arab-Israeli conflict has been a testing ground for the involvement of U.S. courts in foreign conflicts and for the concept of civil litigation against terrorists. Plaintiffs on both sides of the dispute have sought to recover damages in U.S. courts, embroiling the courts in one of the world's most contentious political disputes. Plaintiffs bringing claims against the Palestine Liberation Organization, the Palestinian Authority, material supporters of terrorism, and the Islamic Republic of Iran have been aided by congressional statutes passed precisely to enhance their ability to bring such lawsuits, whereas plaintiffs bringing suit against Israel or Israeli leaders have …
Violence & Hiv/Aids: Violence Against Women And Girls As A Cause And Consequence Of Hiv/Aids, Shirley Kohsin Wang
Violence & Hiv/Aids: Violence Against Women And Girls As A Cause And Consequence Of Hiv/Aids, Shirley Kohsin Wang
Duke Journal of Gender Law & Policy
No abstract provided.
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.
Reconsidering Reprisals, Michael A. Newton
Reconsidering Reprisals, Michael A. Newton
Duke Journal of Comparative & International Law
No abstract provided.
European Approaches To Fighting Terrorism, Elies Van Sliedregt
European Approaches To Fighting Terrorism, Elies Van Sliedregt
Duke Journal of Comparative & International Law
No abstract provided.
Challenges Of Twenty-First Century Conflicts: A Look At Direct Participation In Hostilities, Jamie A. Williamson
Challenges Of Twenty-First Century Conflicts: A Look At Direct Participation In Hostilities, Jamie A. Williamson
Duke Journal of Comparative & International Law
No abstract provided.
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Duke Law Journal
This Note argues that a variety of "private police" forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order …
Norm Conflict In International Law: Whither Human Rights?, Marko Milanovic
Norm Conflict In International Law: Whither Human Rights?, Marko Milanovic
Duke Journal of Comparative & International Law
No abstract provided.
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
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 Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo
The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo
Duke Journal of Comparative & International Law
No abstract provided.
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.
Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein
Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein
Alaska Law Review
No abstract provided.
Naturalism In International Adjudication, J. Patrick Kelly
Naturalism In International Adjudication, J. Patrick Kelly
Duke Journal of Comparative & International Law
No abstract provided.
The Internationalization Of Public Interest Law, Scott L. Cummings
The Internationalization Of Public Interest Law, Scott L. Cummings
Duke Law Journal
This Article describes and explains the influence of global change on American public interest law over the past quarter-century. It suggests that contemporary public interest lawyers, unlike their civil rights-era predecessors, operate in a professional environment integrated into the global political economy in ways that have profound implications for whom they represent, where they advocate, and what sources of law they invoke. The Article provides a preliminary map of this professional environment by tracing the impact of three defining transnational processes on the development of the modem public interest law system: the increasing magnitude and changing composition of immigration, the …
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.
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
Duke Journal of Comparative & International Law
No abstract provided.
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 …
Individual Rights And Group Rights In The European Community’S Approach To Minority Languages, Robert F. Weber
Individual Rights And Group Rights In The European Community’S Approach To Minority Languages, Robert F. Weber
Duke Journal of Comparative & International Law
No abstract provided.
Women’S Rights And Shari’A Law: A Workable Reality? An Examination Of Possible International Human Rights Approaches Through The Continuing Reform Of The Pakistani Hudood Ordinance, Katherine M. Weaver
Women’S Rights And Shari’A Law: A Workable Reality? An Examination Of Possible International Human Rights Approaches Through The Continuing Reform Of The Pakistani Hudood Ordinance, Katherine M. Weaver
Duke Journal of Comparative & International Law
No abstract provided.
Deference, Human Rights And The Federal Courts: The Role Of The Executive In Alien Tort Statute Litigation, Margarita S. Clarens
Deference, Human Rights And The Federal Courts: The Role Of The Executive In Alien Tort Statute Litigation, Margarita S. Clarens
Duke Journal of Comparative & International Law
No abstract provided.
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
Duke Journal of Comparative & International Law
No abstract provided.
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld
Duke Journal of Comparative & International Law
No abstract provided.
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls
Duke Journal of Comparative & International Law
No abstract provided.
A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi
A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi
Duke Journal of Comparative & International Law
No abstract provided.