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Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb Jan 2010

Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb

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In response to the growing academic and political movement that opposes the direct incorporation of treaties into domestic federal law, numerous scholars have proposed that states take on an increased role in the domestic interpretation and implementation of international human rights treaties. The focus of this scholarship to date has been to locate doctrinal gaps where state legislatures and courts may act without intruding in areas of traditionally federal jurisdiction. Thus far, however, little effort has been directed towards modeling an affirmative obligation for state participation in treaty implementation, despite the fact that state action is arguably required, both pragmatically …


Litigating Dignity: A Human Rights Framework, Johanna Kalb Jan 2010

Litigating Dignity: A Human Rights Framework, Johanna Kalb

Articles

No abstract provided.