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Full-Text Articles in Law

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal Feb 2004

Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal

Ashok Agrwaal

This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons, …


The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle Jan 2004

The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle

Eric A. Engle

Outilnes the procedural obstacles to Alien Tort Statute Claims and discusses how to surmount them. Relates ATS to Foucaults power-knowledge and power-body discourses.


Health Care And Professionals, Monica Fish Jan 2004

Health Care And Professionals, Monica Fish

Human Rights & Human Welfare

One of the unfortunate truths of the current human rights regime is that it has given rise to an entirely new aid industry. Fortunate as it is that there are willing individuals eager to share their knowledge and expertise with those in need, the group of professional men and women making up the army of humanitarian workers is, perhaps, overextended and under appreciated. One way of helping the next generation of humanitarians to train and prepare for working within a context of human rights is to provide them with the sound analytical research based on research of current human rights …


The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz Jan 2004

The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz

NYLS Law Review

No abstract provided.


Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson Jan 2004

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson

Scholarly Works

In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …


Israel's Example, Sadiq Reza Jan 2004

Israel's Example, Sadiq Reza

Other Publications

No abstract provided.


Torture, Marcy Strauss Jan 2004

Torture, Marcy Strauss

NYLS Law Review

No abstract provided.


When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette Jan 2004

When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette

Indiana Law Journal

No abstract provided.


Torture, Necessity, And The Union Of Law & Philosophy, Kimberly Kessler Ferzan Jan 2004

Torture, Necessity, And The Union Of Law & Philosophy, Kimberly Kessler Ferzan

All Faculty Scholarship

This brief essay critiques the torture memoranda's use of the necessity defense from the perspectives of criminal law doctrine, criminal law theory, and moral philosophy.


The Logical Nexus Between The Decision To Deny Application Of The Third Geneva Convention To The Taliban And Al Qaeda And The Mistreatment Of Prisoners In Abu Ghraib, Evan J. Wallach Jan 2004

The Logical Nexus Between The Decision To Deny Application Of The Third Geneva Convention To The Taliban And Al Qaeda And The Mistreatment Of Prisoners In Abu Ghraib, Evan J. Wallach

Case Western Reserve Journal of International Law

No abstract provided.