Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (69)
- Chicago-Kent College of Law (8)
- Cornell University Law School (8)
- Georgetown University Law Center (6)
- University of Pennsylvania Carey Law School (5)
-
- Villanova University Charles Widger School of Law (4)
- Pace University (3)
- BLR (2)
- Barry University School of Law (2)
- University of Georgia School of Law (2)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- St. Thomas University College of Law (1)
- University at Buffalo School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pittsburgh School of Law (1)
- Valparaiso University (1)
- Washington University in St. Louis (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- Articles in Law Reviews & Other Academic Journals (69)
- All Faculty Scholarship (13)
- O'Neill Institute Papers (6)
- Cornell Law School Inter-University Graduate Student Conference Papers (4)
- Working Paper Series (4)
-
- Elisabeth Haub School of Law Faculty Publications (3)
- Faculty Scholarship (3)
- The Ohio State University Moritz College of Law Working Paper Series (2)
- Articles (1)
- Articles, Book Chapters, & Popular Press (1)
- Cornell Law Faculty Publications (1)
- Cornell Law Faculty Working Papers (1)
- Cornell Law School J.D. Student Research Papers (1)
- Cornell Law School J.S.D. Student Research Papers (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Journal Articles (1)
- LLM Theses and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Scholarly Works (1)
- Scholarship@WashULaw (1)
Articles 1 - 30 of 118
Full-Text Articles in Law
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Megiddo Tamar
Scholarship@WashULaw
The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …
Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio
Untangling The Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, Milena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Diego Rodriguez-Pinzon, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Articles in Law Reviews & Other Academic Journals
The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster
Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
Law Faculty Research Publications
No abstract provided.
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Articles in Law Reviews & Other Academic Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon
Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad
International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
Articles in Law Reviews & Other Academic Journals
The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …
Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton
Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton
Articles in Law Reviews & Other Academic Journals
No abstract provided.
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
State-Enabled Crimes, Rebecca Hamilton
State-Enabled Crimes, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken
U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
Behind The Red Curtain: Environmental Concerns And The End Of Communism, Joseph W. Dellapenna
Behind The Red Curtain: Environmental Concerns And The End Of Communism, Joseph W. Dellapenna
Working Paper Series
Twenty years ago, the edifice of Communism collapsed constructed over the preceding three-quarters of a century from Berlin to Vladivostok and from Murmansk to Addis Ababa. Suddenly, between 1989 and 1991, all of the Communist states in Europe collapsed, as well as some Communist states in Asia and Africa, while most of the surviving Communist states largely abandoned Communist economic systems. While the crumbling edifice still hangs on, at least in vestigial forms, in some parts of the world, the collapse of the wall serves as an apt metaphor for the destruction of that edifice. The two years between 1989 …
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
All Faculty Scholarship
The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United States, …
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The United Nations Declaration On The Rights Of Indigenous Peoples: A New Dawn For Indigenous Peoples Rights?, Ronald Kakungulu
The United Nations Declaration On The Rights Of Indigenous Peoples: A New Dawn For Indigenous Peoples Rights?, Ronald Kakungulu
Cornell Law School Inter-University Graduate Student Conference Papers
Governments in many countries of the world struggle with how to accommodate properly the needs and claims [rights] of native/indigenous peoples within their jurisdictions whose presence long predates European conquest and occupation. In this paper, a comparison and contrast of the approaches of the African and other jurisdictions whose jurisprudence is informative to the protection of the rights of African indigenous peoples, like the Inter-American Court of Human Rights compared with the US, Canada, New Zealand and Australia ‘the big four’ who voted against the UN Declaration on the Rights of Indigenous on September 13, 2007 at the UN General …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Cornell Law Faculty Working Papers
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Law Faculty Publications
This short review evaluates Professor Richardson's book both as a contribution to the history of the Atlantic slave trade and as contribution to critical race theory.
Professor Richardson has read innumerable historical monographs, works of legal and sociological theory, international law and critical race theory. Armed with this store of knowledge, he is able to recount a detailed narrative of African-American claims to, interests in and appeals to international law over approximately two centuries spanning, with occasional peeks both forward and backward in time, from the landing of the first African slaves at Jamestown in 1619 to the 1815 Treaty …
Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.