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Articles 31 - 50 of 50
Full-Text Articles in Law
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Scholarly Articles
In many industries, corporations have changed the organization of their production from a vertically integrated model to a model that is often characterized by outsourcing-shifting business activities to external parties -and offshoring, where production occurs at sites overseas. The global value chain (GVC) for an American corporation often involves several tiers of suppliers. One end of the GVC is often occupied by a multinational buyer (MNB), such as a large brand name corporation. At the opposite end of the value chain are the factories, farms, and other production sites that supply multinational corporations with their goods. This organization of production …
Outsourcing Corporate Accountability, Kishanthi Parella
Outsourcing Corporate Accountability, Kishanthi Parella
Scholarly Articles
This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Scholarly Articles
This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in cases where …
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
Scholarly Articles
On December 13, 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (“CRPD”). Widely touted as the “first comprehensive human rights treaty of the 21st century,” and effusively praised for its open negotiation process, the CRPD was opened for signature on March 30, 2007. The CRPD quickly entered into force on May 3, 2008. As it rapidly amassed signatories, the CRPD inspired great hope that its comprehensive approach would do much to overcome the consistent failure to promote the dignity of those with disabilities in meaningfully concrete ways.
The CRPD has garnered much recent and …
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
Scholarly Articles
This Review Essay examines Mark Freeman’s thoughtful book, Necessary Evils: Amnesties and the Search for Justice. One of the book’s core arguments is that amnesties from criminal prosecution, however unpalatable to liberal legalist sensibilities, should not be entirely purged from the toolbox of post-conflict transitions. Although advancing this argument, Freeman also struggles with it, and ultimately builds a very restrained and heavily technocratic defense of the amnesty. This Review Essay weighs this argument, among others, on its own terms and also within the context of recent events that post-date the book’s publication. The result is a vibrant exposition of …
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna E. Bond
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna E. Bond
Scholarly Articles
Not available.
Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii
Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii
Scholarly Articles
No abstract provided.
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Scholarly Articles
Implementation of the law requires strategic cooperation. No surprise there: It does so even in the most taut domestic polity. Law is intrinsically contingent. And political. But what does the particularly acute dependency of international criminal law on political cooperation teach us about its pertinence? Its promise? Its limits? It is one thing to assess the functionality of international criminal law. It is another to gauge the value of international criminal law, when actuated through adversarial trials, in reconstituting shattered communities; and its effectiveness as a tool of transitional justice. At its core, Virtual Trials is an analysis about functionality. …
Ochrona Praw Czlowieka Z Perspektywy Ameriykanskiej Oceny Historycznego Legatu Rady Europy, Rett R. Ludwikowski
Ochrona Praw Czlowieka Z Perspektywy Ameriykanskiej Oceny Historycznego Legatu Rady Europy, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Pluralism In Ghana: The Perils And Promise Of Parallel Law, Johanna E. Bond
Pluralism In Ghana: The Perils And Promise Of Parallel Law, Johanna E. Bond
Scholarly Articles
Many states have recognized that minority groups require accommodation to protect them from domination by the majority. Some states have responded by implementing accommodationist policies that cede jurisdiction over certain matters, such as family law, to the minority group. Many multicultural theorists have embraced accommodation as the best way to protect minority groups from oppression by the state. A number of feminists, however, have raised concerns that these accommodationist policies actually increase the vulnerability of women within those accommodated minority communities. In her book Multicultural Jurisdictions, Ayelet Shachar has made a valuable contribution to the theoretical debates surrounding state accommodation …
Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody
Scholarly Articles
In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …
Education And Promotion Of Human Rights From A European And American Perspective, Rett R. Ludwikowski
Education And Promotion Of Human Rights From A European And American Perspective, Rett R. Ludwikowski
Scholarly Articles
What are the concrete goals of human rights education and what obstacles may restrain the development of successful educational projects? What do we actually teach and how advanced are our educational programs in general, and academic education in particular? Is there a concrete consensus on the interdependencies between different types of human rights, their hierarchy, and the standards of their protection? Is an optimistic attitude regarding the universalistic doctrine of human rights fully rooted in facts? How may we communicate to our students the concept of universally recognized, irremovable, and interdependent rights while acknowledging the many ethical, religious and cultural …
Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody
Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody
Scholarly Articles
This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated upon …
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Scholarly Articles
This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Scholarly Articles
There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …
Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl
Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl
Scholarly Articles
Ten years ago, genocide ravaged the tiny African nation of Rwanda. In the wake of this violence, Rwanda has struggled to reconstruct, rebuild, and reconcile. Law-in particular, criminal trials for alleged perpetrators of genocide- has figured prominently among various policy mechanisms in postgenocide Rwanda. Criminal trials for Rwandan genocidaires' aspire to achieve several goals. These include exacting retribution, promoting reconciliation, deterring future violence, expressing victims' outrage, maintaining peace, and cultivating a culture of human rights.2 In this Lecture, I examine the extent to which these trials attain these multiple, often competing, and largely overwhelming goals. Part I begins by setting …
Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner
Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner
Scholarly Articles
In this short essay, I seek to provide a description of the way the rights framework, by its nature, functions to unify global practice around normative ideals. I then outline obstacles, both theoretical and practical, to the effective functioning of this framework and the advancement of its purpose. Next, I lay out and critique the means that the Church, in its official teaching, proposes for overcoming these obstacles. I conclude by sketching briefly what I understand to be a more adequate program for addressing the impediments that exist to the realization of the aspiration of universal respect for human dignity …
Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson
Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson
Scholarly Articles
This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on the …
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin
La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin
Scholarly Articles
No abstract provided.