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Articles 1 - 17 of 17
Full-Text Articles in Law
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Indiana Law Journal
No abstract provided.
Foreword: Some Implications Of The Term "Transnational", Harold G. Maier
Foreword: Some Implications Of The Term "Transnational", Harold G. Maier
Vanderbilt Journal of Transnational Law
I think it is safe to say that no other body of law has changed as much during the Twentieth Century as has the law applicable to international matters. When the late Judge Phillip C. Jessup coined the term "transnational law,"' he did so with the recognition that human affairs could not properly be confined by the artificial territorial boundaries of nation-states. When the Vanderbilt International, the original incarnation of the Vanderbilt Journal of Transnational Law, sought a new name to mark its transition from duplicated to printed format, it selected Jessup's characterization to emphasize global interdependence, rather than the …
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
United States Ratification Of The American Convention On Human Rights, Joseph Diab
United States Ratification Of The American Convention On Human Rights, Joseph Diab
Duke Journal of Comparative & International Law
No abstract provided.
Implementation Of Human Rights As An International Concern: The Case Of Argentine General Suarez-Mason And Lessons For The World Community, Narj Gibney
Case Western Reserve Journal of International Law
No abstract provided.
Conscientious Objection And International Law: A Human Right, Marie-France Major
Conscientious Objection And International Law: A Human Right, Marie-France Major
Case Western Reserve Journal of International Law
No abstract provided.
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …
On The Economic Realities Of The European Social Charter And The Social Dimension Of The Ec 1992, Leonard Bierman, Gerald D. Keim
On The Economic Realities Of The European Social Charter And The Social Dimension Of The Ec 1992, Leonard Bierman, Gerald D. Keim
Duke Journal of Comparative & International Law
No abstract provided.
A Review Of International Human Rights: Problems Of Law, Policy And Practice, Stephen P. Marks
A Review Of International Human Rights: Problems Of Law, Policy And Practice, Stephen P. Marks
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella
Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella
Florida State University Journal of Transnational Law & Policy
Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …
International Human Rights Law In U.S. Courts, Richard B. Lillich
International Human Rights Law In U.S. Courts, Richard B. Lillich
Florida State University Journal of Transnational Law & Policy
Although, as Professor Bilder rightly observes, "[ijnternational human rights law is derived from a variety of sources and involves many kinds of materials, both international and national, it is to national law that one must look first to determine the scope and content of the human rights recognized and protected in any country. Domestic courts confronted with human rights claims initially refer to national constitutions, laws, decrees, regulations, court and administrative decisions, and policy pronouncements for relevant rules of decision. Increasingly, however, domestic courts also are taking international human rights law into account in deciding cases. The purpose of this …
The Right To Education As An International Human Right, Jost Delbruck
The Right To Education As An International Human Right, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
Law and Contemporary Problems
Canadian courts are in the process of challenging existing thought about the constitutional protection of freedom of expression. Establishing equality requires reciprocity of respect and parity of regard for physical dignity and personal integrity. Canadian Supreme Court decisions on pornography are discussed.
Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett
Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett
Faculty Scholarship
reviewing Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law (1990)
Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett
Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett
Faculty Scholarship
Reviewing Martha Minnow, Making All the Difference: Inclusion, Exclusion and American Law (1990)
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …