Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown Oct 2012

Litigating The Holocaust: A Consistent Theory In Tort For The Private Enforcement Of Human Rights Violations , Derek Brown

Pepperdine Law Review

No abstract provided.


Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu Oct 2012

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Pepperdine Law Review

No abstract provided.


The Fate Of "Unremovable" Aliens Before And After September 11, 2001: The Supreme Court's Presumptive Six-Month Limit To Post-Removal-Period Detention, Megan Peitzke Apr 2012

The Fate Of "Unremovable" Aliens Before And After September 11, 2001: The Supreme Court's Presumptive Six-Month Limit To Post-Removal-Period Detention, Megan Peitzke

Pepperdine Law Review

No abstract provided.


A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis Apr 2012

A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis

Pepperdine Law Review

No abstract provided.


The Sosa Standard: What Does It Mean For Future Ats Litigation?, Virginia Monken Gomez Mar 2012

The Sosa Standard: What Does It Mean For Future Ats Litigation?, Virginia Monken Gomez

Pepperdine Law Review

No abstract provided.


Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols Mar 2012

Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols

Pepperdine Law Review

In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than …


Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani Mar 2012

Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani

Pepperdine Dispute Resolution Law Journal

This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …


The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper Mar 2012

The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper

Pepperdine Dispute Resolution Law Journal

Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …


Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber Mar 2012

Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber

Pepperdine Dispute Resolution Law Journal

The "Friendly Settlement"--the negotiated settlement of cases at the European Court of Human Rights--is on the decline. The Friendly Settlement's decline will likely provoke mixed sentiments in the international human rights camp. Some may applaud the development, including those who believe that only judgments by the Court are likely to chastise member states sufficiently and to announce standards of conduct for other states to follow. But others may shed more than a few mournful tears. An active settlement program can help reduce the Court's huge case backlog and give complaining parties a faster, and often more generous, measure of resolution …


Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber Jan 2012

Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber

Pepperdine Law Review

The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …