Law Commons^™

The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky

Noah B Novogrodsky

This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …

Boumediene V. Bush And Guantánamo, Cuba: Does The "Empire Strike Back"?, Ernesto A. Hernandez

Ernesto A. Hernandez

Focusing on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantánamo Bay, Cuba, this article argues that the base’s legal anomaly heavily influences “War on Terror” detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantánamo but retains “complete jurisdiction and control” for an indefinite period; while Cuba has “ultimate sovereignty.” Gerald Neuman labels this as an anomalous zone with fundamental legal rules locally suspended. The base was chosen as a detention center because …

A Charade Of Change: Qisas And Diyat Ordinance Allows Honor Killings To Go Unpunished In Pakistan, Stephanie Palo

Stephanie Palo

This article begins with the story of Samia Sarwar. At age 17, Samia was forced to marry her cousin by arranged marriage. After enduring years of abuse, she hoped to obtain a divorce and sought the advice of her parents. Instead of advice, her parents threatened her life. While her parents were making their Hajj pilgrimage, Samia fled and met with human rights lawyer, Hina Jilani. While visiting in her offices, Samia was shot dead by an assassin hired by her parents.

Even though there is no doubt that Samia Sarwar was murdered, the current law in Pakistan has allowed …

Law Of No Gods, No Masters – Developing And Defending A Participatory Legal System, Matt Halling

Matt Halling

This article develops and analyzes a new legal vision consistent with recent activist literature about a participatory society. A participatory society (in this context) consists of collectively owned property, has no centralized state, and attempts to maximize citizen participation in politics. Rather than nation states, society is structured as a federation of councils deliberating and coordinating with each other to solve political issues. Participatory society’s structure demands a “participatory law” be developed to manage it, and this article attempts to develop the overarching features of such a system. Once the basic legal model is outlined, the article then looks for …