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Full-Text Articles in Law

“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez May 2004

“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez

Gema Pérez-Sánchez

No abstract provided.


The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell Feb 2004

The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell

Stephen Joseph Powell

WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …


Is Indian Democracy Dependent On A Statute?, Shubhankar Dam Jan 2004

Is Indian Democracy Dependent On A Statute?, Shubhankar Dam

Shubhankar Dam

What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …


Sweden: Industrial Relations And Labor Law. National Monograph. Second Revised And Amended Edition, Reinhold Fahlbeck Dec 2003

Sweden: Industrial Relations And Labor Law. National Monograph. Second Revised And Amended Edition, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin Dec 2003

A Clear View From The Prairie: Harold Washington And The People Of Illinois Respond To Federal Encroachment Of Human Rights, Craig Mousin

Craig B. Mousin

No abstract provided.


Ora Et Labora – On Freedom Of Religion At The Work Place: A Stakeholder Cum Balancing Factors Model, Reinhold Fahlbeck Dec 2003

Ora Et Labora – On Freedom Of Religion At The Work Place: A Stakeholder Cum Balancing Factors Model, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Employee Involvement In Europe: Sweden, Reinhold Fahlbeck Dec 2003

Employee Involvement In Europe: Sweden, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Ora Et Labora – Thoughts On The Search For A Solution In Concordia, Reinhold Fahlbeck Dec 2003

Ora Et Labora – Thoughts On The Search For A Solution In Concordia, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Lagen Om Skydd För Företagshemligheter. En Kommentar Med Rättsöversikter [Act On The Protection Of Trade Secrets, A Commentary With Surveys Of Related Fields Of Law], Reinhold Fahlbeck Dec 2003

Lagen Om Skydd För Företagshemligheter. En Kommentar Med Rättsöversikter [Act On The Protection Of Trade Secrets, A Commentary With Surveys Of Related Fields Of Law], Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Comparative Labor Law – Quo Vadis?, Reinhold Fahlbeck Dec 2003

Comparative Labor Law – Quo Vadis?, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron Dec 2003

Hastening Death: The Seven Deadly Sins Of The Status Quo, Charles Baron

Charles H. Baron

The seven deadly sins of the status quo -- inhumanity, paternalism, Utilitarianism, hypocrisy, lawlessness, injustice, and the deadly risk of error and abuse -- are seven arguments against maintaining the artificial bright-line distinction between the prohibition against assisted suicide and the allowance of patients’ right to refuse life-prolonging treatment. This article calls on courts and legislatures to follow the successful example of the Oregon Death with Dignity statute.


Justice, Community, And Solidarity: Rethinking Affirmative Action Through The Lens Of Catholic Social Thought, Vincent Rougeau Dec 2003

Justice, Community, And Solidarity: Rethinking Affirmative Action Through The Lens Of Catholic Social Thought, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


Electronic Technology And Work: A Swedish Perspective, Reinhold Fahlbeck Dec 2003

Electronic Technology And Work: A Swedish Perspective, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown Dec 2003

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

Bartram Brown

No abstract provided.


Barely Borders: Issues Of International Law, Bartram Brown Dec 2003

Barely Borders: Issues Of International Law, Bartram Brown

Bartram Brown

No abstract provided.


Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown Dec 2003

Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown

Bartram Brown

No abstract provided.


America Goes Global, Daniel Kanstroom Dec 2003

America Goes Global, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Stories From Immigration Practice, Daniel Kanstroom Dec 2003

Stories From Immigration Practice, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam Dec 2003

Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam Dec 2003

Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Shubhankar Dam

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …


The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan Dec 2003

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …