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Articles 1 - 30 of 31
Full-Text Articles in Law
Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak
Human Rights & Human Welfare
© Cenap Cakmak. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen
A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen
Duke Law Journal
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist. does not qualify as the sort of …
Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green
Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green
International Law Studies
No abstract provided.
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
Michigan Telecommunications & Technology Law Review
In June, 2005, the United States Supreme Court set forth an "inducement" rule in MGM Studios, Inc. v. Grokster, Ltd. that imposes secondary liability on "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement." The Court emphasized the limitations of the liability standard it was setting forth, stating that the target was only "purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise." Yet, the liability standard set forth in Grokster …
Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton
Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton
Michigan Telecommunications & Technology Law Review
The debate over databases protection has failed to identify and discuss some of its most basic and preliminary assumptions, accepting instead many of the historical aspects involved as given. This Article therefore seeks to challenge these underlying assumptions by providing a fresh look at the historical dimension of the debate. One common argument regarding database protection is that the U.S. Supreme Court decision in Feist v. Rural Publications Inc. brought about a dramatic change in the legal landscape, displacing the then-accepted "sweat of the brow" rationale for protecting rights in databases. This Article's historical analysis therefore thoroughly examines the treatment …
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
Michigan Telecommunications & Technology Law Review
The copyright issues raised by "dual-use" technologies--equipment that can be used both in ways that infringe copyright and in ways that do not--first gained prominence in connection with the litigation over videocassette recorders that culminated in the Supreme Court's decision in Sony in 1984. Copyright owners had asserted that Sony's manufacture and distribution of VCRs rendered it liable for copyright infringement committed by customers using their Sony VCRs. The Supreme Court in Sony concluded that copyright law did not impose such secondary liability where the device in question was capable of substantial noninfringing uses (and that the VCR was such …
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
University of Michigan Journal of Law Reform
This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.
According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to …
Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell
Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell
New England Journal of Public Policy
This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.
The Future Of Apologies, Aaron Lazare
The Future Of Apologies, Aaron Lazare
New England Journal of Public Policy
Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.
Killing, Cheating, Legislating, And Lying: A History Of Voting Rights In South Carolina After The Civil War, W. Lewis Burke
Killing, Cheating, Legislating, And Lying: A History Of Voting Rights In South Carolina After The Civil War, W. Lewis Burke
South Carolina Law Review
No abstract provided.
Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi
Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi
University of Michigan Journal of Law Reform
Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and even honored same-sex unions. This Note proposes that tribes consider their traditions as they existed before European contact, and argues that, for some tribes, same-sex civil unions are a historically and culturally appropriate answer to the modern objections to same-sex marriage.
The Aftermath Of In Re 2001 Redistricting Cases: The Need For A New Constitutional Scheme For Legislative Redistricting In Alaska, Gordon S. Harrison
The Aftermath Of In Re 2001 Redistricting Cases: The Need For A New Constitutional Scheme For Legislative Redistricting In Alaska, Gordon S. Harrison
Alaska Law Review
No abstract provided.
You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson
You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson
Duke Environmental Law & Policy Forum
No abstract provided.
Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar
Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar
William & Mary Bill of Rights Journal
No abstract provided.
Human Rights In Guatemala, Jennifer Archibald
Human Rights In Guatemala, Jennifer Archibald
Human Rights & Human Welfare
Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.
The Insanity Defense: History And Problems, James F. Hooper, M.D.
The Insanity Defense: History And Problems, James F. Hooper, M.D.
Saint Louis University Public Law Review
No abstract provided.
Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen
Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen
Michigan Journal of Gender & Law
The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …
The Congressional Caucus For Women's Issues: An Inside Perspective On Lawmaking By And For Women, Julia L. Ernst
The Congressional Caucus For Women's Issues: An Inside Perspective On Lawmaking By And For Women, Julia L. Ernst
Michigan Journal of Gender & Law
This Article is written to inform constituencies who seek to advance the status of women through the federal legislative process- including lawmakers, Congressional staff, women's organizations, and interested individuals of the general public-about the inner workings of the Congressional Caucus for Women's Issues during the 108th Congress, particularly in the second session. Historians and academics studying women and the law may also find this Article useful. Commonly known as the Women's Caucus, this bipartisan group consists of women Representatives who work together to advance women's issues through raising awareness of and taking action on federal legislation and policy particularly affecting …
Human Rights In Argentina, Scott Muttersbaugh
Human Rights In Argentina, Scott Muttersbaugh
Human Rights & Human Welfare
The election of populist Juan Peron in 1946 brought expanded economic and social rights to the working class. Consequently his popularity continued to rise, although the armed forces staged a coup in 1955, resulting in Peron’s nearly twenty-year exile. By 1973 Argentina’s economy had fallen apart and the still popular Peronist party gained the support needed for Peron’s return. With terrorism on the rise, the government granted a special executive authority to the military, allowing Peron to imprison people indefinitely without a trial, signaling a change in the government's priorities towards human rights.
Human Rights In El Salvador, Tait Robinson
Human Rights In El Salvador, Tait Robinson
Human Rights & Human Welfare
Between 1979 and 1991 El Salvador was embroiled in a civil war that claimed over 70,000 lives. Longstanding socio-economic inequality between the rich and poor led to government-backed human rights abuses dispensed by the military. These ranged from denials of freedom and civil liberties to village massacres.
International Monetary Fund, Kris Kirby
International Monetary Fund, Kris Kirby
Human Rights & Human Welfare
Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.
You Are Living In A Gold Rush, Richard Delgado
You Are Living In A Gold Rush, Richard Delgado
Hofstra Law Review
This article argues that our times, characterized as they are by dreams of vast wealth, environmental destruction, and growing social inequality, resemble nothing so much as earlier get-rich-quick periods like the Gilded Age and the California gold rush.
I put forward a number of parallels between those earlier periods and now, and suggest that the current fever is likely to end soon. This will come as a relief to those of you who, like me, deplore the regressive social policies, bellicose foreign relations, and coarsening of public taste that we have been living through-even if some of our more libertarian …
Human Rights In Latin America: Introduction, Regina Nockerts
Human Rights In Latin America: Introduction, Regina Nockerts
Human Rights & Human Welfare
As with many regions of the world, human rights are an issue of enduring concern for Latin America. The essays and bibliographies in this digest chart the recent history of human rights issues in this region, beginning, in most cases, with the wave of military coups that began in the 1970s, highlighting their lasting effects on the governments, civil societies, and economies of the region today. The cases of Argentina, Chile, Colombia, Cuba, El Salvador, Guatemala, Honduras, and Peru are given here; the Organization of American States (OAS) is also covered.
Human Rights In Chile, Stephanie Raessler
Human Rights In Chile, Stephanie Raessler
Human Rights & Human Welfare
Chile might evoke memories of Augosto Pinochet and his brutal reign, though there is more to this country than an oppressive authoritarian regime. A history of politics longer than Pinochet's rule has shaped Chile's current situation. Many issues recur across Chilean history, and continue to influence the present.
Human Rights In Cuba, Susan Kemp
Human Rights In Cuba, Susan Kemp
Human Rights & Human Welfare
In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.
Human Rights In Honduras, Andrea Degaetani
Human Rights In Honduras, Andrea Degaetani
Human Rights & Human Welfare
Honduras’ history of human rights violations is rooted in a political culture of militarization. Following a military coup in 1963, Honduras faced strengthened military authority and a decade of harsh military rule. It was also during this time that the United States used the country as a base for Contras fighting leftist Sandinistas in Nicaragua. In 1981 Honduras returned to a parliamentary democracy, electing Roberto Suazo Cordova as president. However, by then the process of militarization had been so heavily funded by the U.S and had made such a significant impact on public policy that little changed for the better. …
The Organization Of American States, Natalie Knowlton
The Organization Of American States, Natalie Knowlton
Human Rights & Human Welfare
The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.
Human Rights In Peru, William Osborne
Human Rights In Peru, William Osborne
Human Rights & Human Welfare
As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.
United Nations Development Programme, Jason Keeler
United Nations Development Programme, Jason Keeler
Human Rights & Human Welfare
The central goal of Development has and will be the promotion of human well-being. Given that human rights define and defend human well-being, a rights-based approach to development provides both the conceptual and practical framework for the realization of human rights through the development process (United Nations Development Programme: Regional Bureau for Asia & Pacific ).
History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy
History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy
Saint Louis University Law Journal
No abstract provided.