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Articles 1 - 24 of 24
Full-Text Articles in Law
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Journal Articles
This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …
"Balancing Your Strengths Against Your Felonies": Considerations For Military Recruitment Of Ex-Offenders, Michael Boucai
"Balancing Your Strengths Against Your Felonies": Considerations For Military Recruitment Of Ex-Offenders, Michael Boucai
Journal Articles
Existing work on ex-offenders’ access to military employment too narrowly represents both the Armed Forces’ and the public’s interests in the issue. This Article proposes to shift the conversation from ex-offenders’ usefulness to the Armed Forces to the reciprocal responsibilities and benefits involved for these potential recruits, the military, and society at large. Part One reviews the rules, policies, and procedures governing the “moral waivers” that allow thousands of individuals with criminal histories to enlist each year, and it shows that that the waiver system nonetheless often fails to detect the criminal backgrounds of many recruits. Part Two reviews some …
Powers Of Illegality: House Demolitions And Resistance In East Jerusalem, Irus Braverman
Powers Of Illegality: House Demolitions And Resistance In East Jerusalem, Irus Braverman
Journal Articles
This article examines how techniques of illegality based in planning laws and policy are utilized to dominate the Palestinian population of East Jerusalem. Although the demolition of homes is the most spectacular spatial mechanism of illegality exercised by Israel in East Jerusalem, my focus in the first part of the article is on more mundane techniques of illegality, such as mapping, filing, and arbitrariness. The second part of the article introduces the notion of resistance and explores the illegal building carried out by East Jerusalemite Palestinians as an act of spatial protest. In examining tactics of "everyday" resistance, I suggest …
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Journal Articles
No abstract provided.
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis E. Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis E. Chiesa
Journal Articles
No abstract provided.
Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly
Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly
Journal Articles
Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers ('the Corps') administration of the permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available …
A Damn Hard Thing To Do, John Henry Schlegel
The Ramsar Convention On Wetlands: Assessment Of International Designations Within The United States, Royal C. Gardner, Kim Diana Connolly
The Ramsar Convention On Wetlands: Assessment Of International Designations Within The United States, Royal C. Gardner, Kim Diana Connolly
Journal Articles
Editors' Summary: The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking …
The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery
Journal Articles
No abstract provided.
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Journal Articles
No abstract provided.
The Place Of Translation In Jerusalem's Criminal Trial Court, Irus Braverman
The Place Of Translation In Jerusalem's Criminal Trial Court, Irus Braverman
Journal Articles
The court-appointed translator is largely an invisible actor in the legal space. The Israeli context provides an extreme example of this invisibility: apart from a general statutory definition of the court's obligation to translate criminal proceedings, the work of translation in the Israeli courtroom is mostly unregulated by state law, rendering it highly susceptible to informal manifestations. This article offers a critical empirical investigation into the micropractices of translation performed in the Jerusalem criminal trial court in 2002. On the face of things, the court-appointed translator performs a technical task in the everyday working of the court. Expected to mediate …
Aesthetic Judgment And Legal Justification, Guyora Binder
Aesthetic Judgment And Legal Justification, Guyora Binder
Journal Articles
Although criticized as illegitimate, literary elements are necessary features of legal argument. In a modern liberal state, law motivates compliance by justifying controversial prescriptions as products of an appropriate process for representing the will of society. Yet because law constructs the will of individual and collective actors in representing them, its representations are necessarily figurative rather than mimetic. In evaluating law's representation of society, citizens of the liberal state are also shaping their own ends. Such self-expressive choices, subjective but non-instrumental, entail aesthetic judgment. Thus the literary elements of rhetorical figuration and aesthetic appeal are fundamental, rather than merely ornamental, …
Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis
Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis
Journal Articles
The World Trade Organization ('WTO' or the 'Organization') is premised upon increasing prosperity by opening markets to greater trade flows. Although the goals of the Organization include enhancing development and reducing poverty, thus far the WTO has had difficulty bridging the gap between its trade expansion focus – exemplified by members’ substantive commitments to provide greater access to their markets – and its desire to promote development – largely framed in aspirational, nonbinding terms. This article explains why current measures to assist developing countries ('DCs') are not a complete solution to the trade and development disconnect. It further proposes using …
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Journal Articles
No abstract provided.
Poor Enough To Be Eligible? Child Abuse, Neglect, And The Poverty Requirement, Susan Vivian Mangold
Poor Enough To Be Eligible? Child Abuse, Neglect, And The Poverty Requirement, Susan Vivian Mangold
Journal Articles
No abstract provided.
Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain
Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain
Journal Articles
No abstract provided.
Change In The Human Rights Universe, Makau Mutua
Change In The Human Rights Universe, Makau Mutua
Journal Articles
No abstract provided.
Narrative, Disability, And Identity, David M. Engel, Frank W. Munger
Narrative, Disability, And Identity, David M. Engel, Frank W. Munger
Journal Articles
No abstract provided.
The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish
The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish
Journal Articles
On December 13, 2006, the United Nations General Assembly unanimously adopted the Convention on the Rights of Persons with Disabilities. The Convention is historic and path-breaking on several levels, both in protection terms for the world's 650 million persons with disabilities who may now draw upon its provisions in defense of their internationally-protected rights, and in relation to the unprecedented level of civil society input and engagement in the negotiation process. This sustained and constructive engagement has given rise to a dynamic process of dialogue, cooperation, and mutual trust that will fuel monitoring and implementation work, at national and international …
Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown
Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown
Journal Articles
Standing to appeal bankruptcy court orders today is limited to those with a pecuniary interest. This prudential limitation is based on the person aggrieved requirement of Section 39(c) of the Bankruptcy Act of 1898 - a requirement that was not included in the Bankruptcy Code. This article examines the extensive differences between the Act and the Code, the potential justifications for extending the pecuniary interest test in spite of the omission of the person aggrieved requirement, and the potential ramifications for parties and the integrity of the bankruptcy process. This analysis suggests that standing to appeal bankruptcy orders should be …
Cls Wasn't Killed By A Question, John Henry Schlegel
Cls Wasn't Killed By A Question, John Henry Schlegel
Journal Articles
No abstract provided.
The Bar Examination, Tony W. Torain, Jo Anne Simon, Melinda Saran, Barbara Hergenroeder
The Bar Examination, Tony W. Torain, Jo Anne Simon, Melinda Saran, Barbara Hergenroeder
Journal Articles
Transcript of Panel 3: The Bar Examination, from Assisting Law Students with Disabilities in the 21st Century: Brass Tacks, Washington, DC, March 28, 2007.
Beyond Juba: Does Uganda Need A National Truth And Reconciliation Process?, Makau Mutua
Beyond Juba: Does Uganda Need A National Truth And Reconciliation Process?, Makau Mutua
Journal Articles
Virtually every African State, including Uganda, is a product of the rape of the continent by imperial European powers. Even though it is true that Africans cannot blame every ill on colonialism, the imperial conquests of European powers have had severely debilitating consequences. Yet, we cannot despair, and for beautiful Uganda, the genesis for recovery may lie in Juba. However - it can most certainly only be realized by looking beyond Juba. Ultimately, the reform of the Ugandan state lies in the full democratization of political society. President Museveni must understand that he will not live forever, and therefore he …
What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner
What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner
Journal Articles
A recent outpouring of public and academic criticism of gerrymandering raises difficult questions about when and under what circumstances the representation of political parties and their supporters can be considered fair. The difficulty is not, as Justice Kennedy recently suggested, that we lack consensual standards for evaluating the fairness of partisan representation. Such standards exist, but they tend to be subverted by the use of territorial districts. This occurs routinely because party and territory are conflicting and for the most part incommensurable principles upon which to found a system of legislative representation. The real question raised by gerrymandering is therefore …