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Full-Text Articles in Law

42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna Dec 2010

42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna

The University of New Hampshire Law Review

[Excerpt] “How do international human rights treaties interact with the domestic civil rights law of the United States and, particularly, 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? ―International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. The United States is obligated to respect the international treaties it ratifies, whether they are fully implemented in domestic law or not. In …


Panacea Or Pathetic Fallacy? The Swiss Ban On Minarets, Lorenz Langer Jan 2010

Panacea Or Pathetic Fallacy? The Swiss Ban On Minarets, Lorenz Langer

Vanderbilt Journal of Transnational Law

On November 29, 2009, Swiss voters adopted a ballot initiative introducing a constitutional ban on the construction of minarets. This Article provides a thick description of the minaret vote's context. A legal analysis addresses the implications of the ban under national, regional, and international normative frameworks. The Article argues that the ban is irreconcilable with the Swiss constitutional bill of rights and several international human right provisions. In Switzerland, however, respect for the vox populi potentially trumps any concern over conflicting international obligations, and there is no effective judicial review of initiatives. This lack of judicial review is partly a …


In Search Of An “Action Principle”, Patrick J. Glen Jan 2010

In Search Of An “Action Principle”, Patrick J. Glen

Human Rights & Human Welfare

In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …