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Articles 1 - 6 of 6
Full-Text Articles in Law
The Latin American Tradition Of Legal Failure, Jorge L. Esquirol
The Latin American Tradition Of Legal Failure, Jorge L. Esquirol
Faculty Publications
No abstract provided.
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
The Turn To Legal Interpretation In Latin America, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Ambivalence & Activism: Employment Discrimination In China, Timothy Webster
Ambivalence & Activism: Employment Discrimination In China, Timothy Webster
Faculty Publications
Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …
Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster
Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster
Faculty Publications
The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …
Taking Stock: China's First Decade Of Free Trade, Jun Zhao, Timothy Webster
Taking Stock: China's First Decade Of Free Trade, Jun Zhao, Timothy Webster
Faculty Publications
China has established itself as a global economic presence in the past ten years. This article explains one important but overlooked aspect of this rise, China’s newfound interest in free trade agreements (FTAs). This paper situates the FTA boom within a framework of international political economy and China’s recent regional rise. This paper probes the question of how China selects its FTA partners, referencing US trade practice and policy as a framework by which to analyze China’s own preferences. This paper then explores the main features of China’s FTAs, finding that it has adopted a flexible FTA strategy that attends …
Religious Legal Theory Symposium: Introduction, Mark L. Movsesian
Religious Legal Theory Symposium: Introduction, Mark L. Movsesian
Faculty Publications
On November 5, 2010, the St. John's Center for Law and Religion proudly hosted the annual Religious Legal Theory Conference. The event, now in its second year and to be shared among different universities, brought together scholars from around the world to discuss this year's theme, "Religion in Law, Law in Religion." The Center chose this theme in order to include papers on traditional church-state issues—“Religion in Law"—as well as papers addressing the role that law plays in various religious traditions—“Law in Religion." In addition, because contemporary law and religion scholarship has moved beyond strictly domestic-law questions, and takes an …