Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 23 of 23

Full-Text Articles in Law

From Just War To Just Intervention, Susan J. Atwood Sep 2003

From Just War To Just Intervention, Susan J. Atwood

New England Journal of Public Policy

What is Just War? What is Just Intervention? This paper examines the evolution of the criteria for Just War from its origins in the early Christian church to the twenty-first century. The end of the Cold War era has expanded the discussion to include grounds for intervention. Indeed, in the 1990s, a number of multilateral interventions took place on humanitarian grounds. But the debate is ongoing about whether the criteria applied in the Just War theory — proper authority, just cause, and right intent — remain valid in an era of Just Intervention. The author examines as case studies some …


Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon Sep 2003

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …


Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner Sep 2003

Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner

BYU Law Review

No abstract provided.


Reservations About Retribution In Secular Society, Steven F. Huefner Sep 2003

Reservations About Retribution In Secular Society, Steven F. Huefner

BYU Law Review

No abstract provided.


Contract Law And Christian Conscience, Val D. Ricks Sep 2003

Contract Law And Christian Conscience, Val D. Ricks

BYU Law Review

No abstract provided.


The "Embarrassing" Section 134, Frederick Mark Gedicks Sep 2003

The "Embarrassing" Section 134, Frederick Mark Gedicks

BYU Law Review

No abstract provided.


James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith Sep 2003

James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith

BYU Law Review

No abstract provided.


The Promise And Perils Of Conscience, Steven D. Smith Sep 2003

The Promise And Perils Of Conscience, Steven D. Smith

BYU Law Review

No abstract provided.


Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young Sep 2003

Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young

BYU Law Review

No abstract provided.


Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen Sep 2003

Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen

BYU Law Review

No abstract provided.


Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel May 2003

Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel

BYU Law Review

No abstract provided.


Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz Apr 2003

Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz

West Virginia Law Review

No abstract provided.


Response To Boyle's Comment, David Horowitz Apr 2003

Response To Boyle's Comment, David Horowitz

West Virginia Law Review

No abstract provided.


The Federalist Papers As Reliable Historical Source Material For Constitutional Interpretation, Seth Barrett Tillman Apr 2003

The Federalist Papers As Reliable Historical Source Material For Constitutional Interpretation, Seth Barrett Tillman

West Virginia Law Review

No abstract provided.


Unsavory White Omissions? A Review Of Uncivil Wars, David Boyle Apr 2003

Unsavory White Omissions? A Review Of Uncivil Wars, David Boyle

West Virginia Law Review

No abstract provided.


Unexpected Racial Assertions: A Counter-Reply To David Horowitz, David Boyle Apr 2003

Unexpected Racial Assertions: A Counter-Reply To David Horowitz, David Boyle

West Virginia Law Review

No abstract provided.


United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor Mar 2003

United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor

International Bulletin of Political Psychology

This article presents a hypothesis of untoward consequences through the reification of human rights.


Religious Music In The Public Schools: A Guide For School Districts, Brian A. Whitaker Mar 2003

Religious Music In The Public Schools: A Guide For School Districts, Brian A. Whitaker

Brigham Young University Education and Law Journal

No abstract provided.


Pennsylvania Legislation Relating To Slavery Jan 2003

Pennsylvania Legislation Relating To Slavery

Adams County History

The following acts have been taken, complete or in part, from the published volumes of The Statutes At Large of Pennsylvania and Laws of Pennsylvania. These extracts are not all-inclusive, but do cover the years 1725/6-1847, from the province's first general statement of the legal standing of blacks, full-blooded and mixed, and the treatment to be afforded them, up to the state's rewritten and strengthened prohibition of the kidnapping of free blacks and the seizing of fugitive slaves. Included are not only acts showing the status and the protection of slaves, whether residents or sojourners, but also those requiring resident …


Practicing Universality: The Inter-Disciplinary Imperatives Of Human Rights, Andrew Fagan Jan 2003

Practicing Universality: The Inter-Disciplinary Imperatives Of Human Rights, Andrew Fagan

Human Rights & Human Welfare

A review of:

Human Rights: Universality in Practice by Peter R. Baehr. Hampshire, UK: Palgrave, 2001. 178pp.


Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner Jan 2003

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.


Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze Jan 2003

Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Hard Choices: Moral Dilemmas in Humanitarian Intervention edited by Jonathan Moore. New York: Rowman & Littlefield, 1999. 322pp.

Humanitarian Intervention: Ethical, Legal, and Political Dilemmas edited by J. L. Holzgrefe and Robert O. Keohane. New York: Cambridge University Press, 2003. 350pp.


Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins Jan 2003

Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.