Law Commons^™

The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau

Articles & Chapters

Persons institutionalized in forensic psychiatric facilities have been hidden from the public view for decades – physically, socially, and legally. The forensic population also faces multiple forms of discrimination, both for their criminal history and mental illness. This reality must be radically reconsidered in light of the ratification of the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD), the first legally binding instrument devoted to the comprehensive protection of the rights of persons with disabilities. There has been, however, virtually no attention paid by criminologists to the potential impact of this Convention on forensic populations. In this …

It’S Imperative That South Africa Moves Fast On State Capture Prosecutions. Here’S Why, Penelope Andrews

Other Publications

No abstract provided.

European Court Won’T Review Case Against Baker In Northern Ireland, Arthur S. Leonard

Other Publications

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America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel

Other Publications

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You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin

Articles & Chapters

Several years ago, I wrote that Bob Dylan was “a scholar with a well-developed jurisprudence on a range of topics including civil, criminal, public, and private law” (Perlin, 2011, p.1396). In that article, I discussed and analyzed Dylan songs that dealt with, variously, civil rights, inequality in the criminal and civil justice systems, institutions, governmental/judicial corruption, equality and emancipation, and the role of lawyers in the legal process. (Id.). But I noted that I was omitting – for space considerations – any discussion of Dylan songs dealing with war and international affairs (Id., p. 1398, n. 15).

In this paper, …

There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.

Notwithstanding nearly …

How The Russian Doping Scandal Caused A War Between World Sporting Authorities, Robert Blecker

Other Publications

No abstract provided.

Did The Pyeongchang Games Prove The Olympics Can Still Broker Peace?, Robert Blecker

Other Publications

No abstract provided.

Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews

Articles & Chapters

No abstract provided.

Why A Disability Rights Tribunal Must Be Premised On Therapeutic Jurisprudence Principles, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.

We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance …

Marriage Matters In December, Arthur S. Leonard

Other Publications

No abstract provided.

Current Issues In Therapeutic Jurisprudence, David Wexler

Articles & Chapters

No abstract provided.

Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger

Articles & Chapters

No abstract provided.

The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews

Other Publications

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Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews

Articles & Chapters

During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …

Transitional Justice And Judicial Activism— A Right To Accountability?, Ruti Teitel

Articles & Chapters

Victims of systemic rights abuses, their families, and non-governmental organizations are turning to international and regional human rights tribunals to address the failure of states to investigate, prosecute, and remedy past human rights violations. In many cases this relates to acts that occurred decades ago and for which a previous repressive regime was responsible. In other cases there may be powerful interests within the state, such as the police or security service, that are complicit with the violations in question. This Article explores the historical and political contexts in which these cases have arisen, how the courts approach the question …

Introduction To Combating Threats To The International Financial System: The Financial Action Task Force, William P. Lapiana

Articles & Chapters

The U.S. legal profession is not as familiar with the Financial Action Task Force (FATF) as it should be. That is perhaps the single most important message of this issue published by the New York Law School Law Review, which now makes available to everyone the information and analyses presented at the April 25, 2013 symposium.1 It is the substance of the work published here that gives meaning to that message.

Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews

Articles & Chapters

This is a transcription of the tenth anniversary celebration of the Saltman Center for Conflict Resolution at the William S. Boyd School of Law, University of Nevada, Las Vegas. The event was held in honor of NelsonMandela, and included a panel discussion about his contributions to the dispute resolution field.

Panelists included Dean Penelope Andrews of the University of Cape Town Faculty of Law, Prof. Carrie Menkel-Meadow of the U.C. Irvine School of Law, Prof. Robert Mnookin of Harvard Law School, and Judge Richard Goldstone, a former member of the Constitutional Court of South Africa.

An introduction was made by …

Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Articles & Chapters

No abstract provided.

Trafficking In Law: Cause Lawyer, Bureaucratic State And Rights Of Human Trafficking Victims In Thailand, Frank W. Munger

Articles & Chapters

In this case study of a young, Thai “cause lawyer”, advocacy for human rights is considered in context. The most important elements of that context are the path of development of Thai political and legal institutions, globalisation of law, and the networks of relationships that penetrate the state. The case study shows that human rights advocacy by NGO lawyers can adapt creatively to unpromising conditions under which courts provide little access or oversight. At the same time, the case study raises profound questions about the ultimate independence of cause lawyers when the state must be made a partner in order …

Dialogues Of Transitional Justice: Keynote Speech, Ruti Teitel

Articles & Chapters

No abstract provided.

Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

No abstract provided.

Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel

Articles & Chapters

In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …

Theories Of State Compliance With International Law: Assessing The African Union’S Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy

Articles & Chapters

May 26, 2011, marked the ten-year anniversary of the establishment of the African Union, and with the sudden death of Muammar al Gaddafi, who was instrumental in the creation of the African Union, the time is ripe to fully re-assess the ability of the African Union to ensure state compliance with the Constitutive Act of the African Union (Constitutive Act) and the African Charter on Human and Peoples’ Rights (African Charter). The African continent has a long history of massive human rights abuses. Prior to 2001, the Organization of African Unity (OAU) was responsible for ensuring that African states complied …

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …

Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy

Other Publications

The African Charter on Democracy, Elections and Governance (“ADC”) recently entered into force on February 15, 2012. The main goal of the ADC is the encouragement and promotion of democracy and human rights on the African continent. The ADC is the first binding regional instrument adopted by member states of the African Union (“AU”) that attempts to comprehensively address all of the elements necessary for the establishment of liberal democracies. The ADC also contains a number of expansive provisions regarding unconstitutional changes of government. For instance, the ADC is the first legal instrument adopted by member states of the AU …

Due Process In Islamic Criminal Law, Sadiq Reza

Articles & Chapters

Rules and principles of due process in criminal law—how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted—appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …

The Cause Lawyer’S Cause, Frank W. Munger

Articles & Chapters

The promise of human rights in South Africa may depend significantly on the course chosen by a professional and relatively independent South African judiciary. But what about the promise of human rights in other developing states which lack a judiciary with similar potential? Cause lawyers, increasingly visible in many of these new states, are presumed carriers of liberal legalism and democracy and celebrated for their courageous defence of human rights even in the absence of an independent court system. This comment argues that celebration of cause lawyers may reflect presumptions about their causes that are questionable even in the Global …

Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold

Articles & Chapters

For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.

As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …

Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel

Other Publications

No abstract provided.