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A Framework For The Examination Of States Of Emergency Under The American Convention On Human Rights, Claudio Grossman Jan 1986

A Framework For The Examination Of States Of Emergency Under The American Convention On Human Rights, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

The role that the law can play in the regulation of states of emergency is of enormous consequence to the Western hemisphere. The importance of these emergency situations, also referred to as states of exception or states of siege, lies in both the frequency with which American states resort to them and in the dangers that they pose to the exercise of human rights. Because serious human rights violations ordinarily accompany emergency situations, the declaration of a state of siege has come to be a warning signal for those who seek to protect those human rights. Such protection often depends …


Remedying Underinclusive Statutes, Candace Kovacic-Fleischer Jan 1986

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.


Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón Jan 1986

Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Attempting The Impossible: The Emerging Consensus, Ira Robbins Jan 1986

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …