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Articles 1 - 8 of 8
Full-Text Articles in Law
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.
Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.
Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Testimonial Deficiencies And Evidentiary Uncertainties In International Criminal Trials, Nancy Amoury Combs
Faculty Publications
In this article, the author describes the flaws inherent in the process of international criminal tribunals which seek to punish the inhumane actions of dictators. The author first describes how international criminal trials confront severe impediments to accurate factfinding. It continues on to discuss the failure of witnesses in these tribunals to accurately convey the information needed to make a fully- informed decision. This problem is compounded by the fact that what clear information is provided during witness testimony often is inconsistent with the information that the witness previously provided in a pre-trial statement. The author also explores the causes …
Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent
Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Faculty Publications
No abstract provided.
Constitutional Displacement, Timothy Zick
Constitutional Displacement, Timothy Zick
Faculty Publications
This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …
Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks
Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks
Faculty Publications
No abstract provided.