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Full-Text Articles in Law
The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan
The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan
Fazal Khan
This paper proposes a framework of international soft law and domestic drug regulations to a priori remove incentives for unethical clinical drug research in developing nations. The globalization of drug testing is very problematic from a bioethics perspective. While stringent regulations in the U.S. or E.U. may pose an adequate check on unethical research practices, many multinational corporations are engaging in regulatory arbitrage by outsourcing ethically questionable research to countries with less restrictive regulations. Given the tremendous financial reward a blockbuster therapy might generate, there is a strong incentive to move more research and development to countries with even looser …
Childsoldiers,Slavery, And The Trafficking Of Children, Susan W. Tiefenbrun
Childsoldiers,Slavery, And The Trafficking Of Children, Susan W. Tiefenbrun
Susan W Tiefenbrun
Despite a proliferation of international human rights treaties, labor laws, and humanitarian laws that should provide children with special protection from abduction into child soldiering, the trafficking of children and their use as soldiers is increasing. This paper will examine the relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of child soldiers. Part II will examine the international and domestic laws that protect against the use of children as soldiers. Part III will examine two literary representations of the use of child soldiers and the significant insights such …
Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Christiana Ochoa
Christiana Ochoa* Abstract The Odious Debt Doctrine has limped along in the legal imagination for over 100 years and by some estimates even since Aristotle. In recent years, and particu-larly in recent months, legal theorists and practitioners have attempted to define the contours and details of this controversial and undeveloped doctrine. This Article looks at the generally agreed upon characteristics of the odious debt doctrine and considers the spill-over effects and externalities that would ensue if this doctrine were ever made regularly operative. Many commentators have noted the in-creased costs of borrowing and lending that would result from the doctrine. …
The Unfinished Business Of American Democracy, Ezequiel Lugo
The Unfinished Business Of American Democracy, Ezequiel Lugo
Ezequiel Lugo
For the last two decades, U.S. courts have been using customary international law (CIL) when dealing with human rights claims. Recently, the Supreme Court has used international law to decide cases involving constitutional rights. However, U.S. courts have not used CIL to address the right to vote, one of the most fundamental human rights. This Article surveys evidence of the right to vote as CIL and concludes that the right to vote has become a norm of CIL. It cannot, however, be directly incorporated into U.S. law because of previous judicial decisions. Nevertheless, the U.S. can comply with this norm …
Interview With Heitam Maleh, Marcel Stuessi
Interview With Heitam Maleh, Marcel Stuessi
Marcel Stüssi
This is a previously unpublished interview on democracy and religious liberty in Syria.
Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein
Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein
Ariel Meyerstein, JD, PhD
This thought experiment examines whether transitional justice has a place in the Israeli-Palestinian post-conflict and, at the same time, what attempting to fit the Israeli-Palestinian conflict into the transitional paradigm can teach us about the limits and possibilities of the transitional justice paradigm. In particular, the Israeli-Palestinian context presents challenging issues regarding the large beneficiary and collaborator classes in both societies. The article concludes by observing that history has proven truth commissions not to be panaceas, but that they offer a limited, inherent “procedural value” to post-conflict societies by instantiating new political dynamics between former political enemies.
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
David M. Smolin
This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Database Sui Generis Right: The Need To Take The Public's Right To Information And Freedom Of Expression Into Account, Estelle Derclaye
Estelle Derclaye
No abstract provided.