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Articles 13231 - 13260 of 13465
Full-Text Articles in Law
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …
Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis
Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)
Reversible Rewards, Omri Ben-Shahar, Anu Bradford
Reversible Rewards, Omri Ben-Shahar, Anu Bradford
Faculty Scholarship
This article offers a new mechanism of private enforcement, combining sanctions and rewards into a scheme of “reversible rewards.” The enforcing party sets up a precommitted fund and offers it as reward to another party to refrain from violation. If the violator turns down the reward, the enforcer can use the money in the fund for one purpose only – to pay for punishment of the violator. The article shows that this scheme doubles the effect of funds invested in enforcement and allows the enforcer to stop violations that would otherwise be too costly to deter. It argues that reversible …
Efficient Enforcement In International Law, Anu Bradford, Omri Ben-Shahar
Efficient Enforcement In International Law, Anu Bradford, Omri Ben-Shahar
Faculty Scholarship
Enforcement is a fundamental challenge for international law. Sanctions are costly to impose, difficult to coordinate, and often ineffective at accomplishing their goals. Rewards are likewise costly and domestically unpopular. Thus, efforts to address pressing international problems-such as reversing climate change and coordinating monetary policy-often fall short. This Article offers a novel approach to international enforcement and demonstrates the advantages of such an approach over traditional sanctions or rewards. It develops a mechanism of Reversible Rewards, which combines sticks and carrots in a unique, previously unexplored way. Reversible Rewards require that a sum of money be offered as a reward …
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn
The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn
Scholarly Articles in Law Reviews & Journals
The Washington Declaration on Intellectual Property and the Public Interest was drafted at the Inaugural Global Congress on Intellectual Property and the Public Interest. The Inaugural Global Congress convened over 180 experts from 32 countries and six continents to re-articulate the public interest dimension in intellectual property law and policy. The Congress adopted a series of specific recommendations for action by a global network of public interest scholars and advocates, which are expressed below.
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
The Death Penalty And The Absolute Prohibition Of Torture And Cruel, Inhuman, And Degrading Treatment Or Punishment, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Session One: Using Forensic Medical Evidence In Court, Juan E. Mendez
Session One: Using Forensic Medical Evidence In Court, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
One Size Does Not Fit All, David Spratt
One Size Does Not Fit All, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Energy Policy: Past Or Prologue?, Michael J. Graetz
Energy Policy: Past Or Prologue?, Michael J. Graetz
Faculty Scholarship
The United States was remarkably complacent about energy policy until the Arab oil embargo of 1973. Since then, we have relied on unnecessarily costly regulations and poorly designed subsidies to mandate or encourage particular forms of energy production and use. Our presidents have quested after an elusive technological “silver bullet.” Congress has elevated parochial interests and short-term political advantages over national needs. Despite the thousands of pages of energy legislation enacted over the past four decades, Congress has never demanded that Americans pay a price that reflects the full costs of the energy they consume. Given our nation’s economic fragility, …
Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg
Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg
Faculty Scholarship
Calculating the duration of US copyright in audiovisual works can be a daunting task, complicated by issues of transitional law spanning the US Copyright Acts of 1909 and 1976 and the latter’s subsequent amendments. Readers with an inclination for complexity will find their tastes amply satisfied when inquiry turns to the questions of private international law that also come into play when foreign audiovisual works are at issue. Gluttons for punishment will further relish addressing the relationship of the duration of copyright in an audiovisual work to the duration of copyright in the underlying literary work on which the film …
The Case Against For-Profit Charity, Benjamin Leff
The Case Against For-Profit Charity, Benjamin Leff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Scholarly Articles in Law Reviews & Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
The Making Of Modern Libel Law: A Glimpse Behind The Scenes, Stephen Wermiel, Lee Levine
The Making Of Modern Libel Law: A Glimpse Behind The Scenes, Stephen Wermiel, Lee Levine
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Poverty Offsetting, Ezra Rosser
Poverty Offsetting, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
No abstract provided.
U.S. Taxes Corporate Income At Comparatively Low Rates, Andrew Pike
U.S. Taxes Corporate Income At Comparatively Low Rates, Andrew Pike
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Tax Compliance And Norm Formation Under High-Penalty Regimes, Susan C. Morse
Tax Compliance And Norm Formation Under High-Penalty Regimes, Susan C. Morse
Faculty Scholarship
No abstract provided.
The Individual Psychology Of Group Hate, Willa Michener
The Individual Psychology Of Group Hate, Willa Michener
Journal of Hate Studies
Revenge is often taken against people who were not perpetrators of the original offense, provided that they belong to the perpetrator’s group. People react as if they believed that if one member of a group attacked, then they all did or would. Groups are culturally defined, though the tendency to relate to them is universal. It is proposed that “the enemy” is an inherited category while the identity of the groups placed into that category is learned. Enemies are subject to hate, fear, and coldness (the inhibition of empathy). We are prepared to experience an entire outgroup as “enemy” if …
Irrationalism: The Foundation Of Hate Propaganda, Robert Lanning
Irrationalism: The Foundation Of Hate Propaganda, Robert Lanning
Journal of Hate Studies
This article proposes that hate propaganda be examined in terms of its basis in irrationalism as a philosophical orientation. In the first part of the paper, irrationalism is discussed from the perspectives of various 20th century philosophers engaged against the rise of fascism or responding to it. In the second part, selected examples of contemporary propaganda are discussed, demonstrating continuity in the use of irrationalism as a limitation to thought and analysis.
Italian Fascism’S Soviet Enemy And The Propaganda Of Hate, 1941-1943, Marla Stone
Italian Fascism’S Soviet Enemy And The Propaganda Of Hate, 1941-1943, Marla Stone
Journal of Hate Studies
In conjunction with the war against the Soviet Union which began in June 1941, the Italian Fascist regime promulgated a virulent brand of anti-communism and oversaw a campaign of hate-mongering propaganda targeted at its Soviet enemy. This propaganda produced to justify the war highlighted the Manichean struggle against the Soviet Union and the special horrors of the Soviet communist enemy. Using longstanding stereotypes about a Russian lack of civilization, 19th-century ideas about racially expressed biological difference, and more recent tropes about Bolshevik barbarism and immorality, official representations of Fascism’s historic enemy—the communist—put forward a racially degenerate, godless peril from the …
Defining Characteristics And Politicising Victims: A Legal Perspective, Jennifer Schweppe
Defining Characteristics And Politicising Victims: A Legal Perspective, Jennifer Schweppe
Journal of Hate Studies
Legislatures worldwide experience the same problem in drafting or amending hate crimes statutes: How is it possible to discriminate between victim groups, and which groups are worthy of legislative protection? This article explores some of the experiences of legislatures, highlighting the political inconsistencies which go on to shape the legal system. It focusses on the experience of a number of common law jurisdictions, and seeks to establish a normative platform from which hate crimes statutes can be based, drawing on the legislative experiences of the United States. This platform draws on two other areas of law, particularly the criminal defence …
Combating Hate Through Young Adult Literature, Rachel Dean-Ruzicka
Combating Hate Through Young Adult Literature, Rachel Dean-Ruzicka
Journal of Hate Studies
Young adult literature can help readers look beyond tolerance toward a cosmopolitan ethics of difference as a more sophisticated position for combating hatred. In popular discourse, the ideal of tolerance is generally presented uncritically and deployed as the best response to a perceived difference in another. However, the ideal of tolerance presents many problems. Rather than discouraging hatred, tolerance merely asks us not to act upon related feelings. Additionally, tolerance is often deployed not only as an idealized set of behaviors, but also as a moral imperative. Thus tolerance encourages cultural relativism where we are expected to be tolerant of …
Book Reviews: Arthur Goldwag’S The New Hate: A History Of Fear And Loathing On The Populist Right & Thomas R. Pegram’S One Hundred Percent American: The Rebirth And Decline Of The Ku Klux Klan In The 1920s, Rebecca Barrett-Fox
Journal of Hate Studies
As reported by the Southern Poverty Law Center (SPLC), the number of hate groups in the United States has continually risen since 2000 in response to three factors: the election of the nation’s first African American president, economic turmoil, and undocumented immigration (Potok, 2011). While these structural changes might feel painful for those native-born white Americans who view signs of increasing pluralism as worrisome and who believe that their economic losses are due to the gains of minority groups, they are not new challenges—nor are the hate-filled responses to them new. In both One Hundred Percent American: The Rebirth and …
Foreword, Mary Kay Kane
Living Art, Jaime S. King
Developmental Neuroscience, Children's Relationships With Primary Caregivers, And Child Protection Policy Reform, Lois A. Weithorn
Developmental Neuroscience, Children's Relationships With Primary Caregivers, And Child Protection Policy Reform, Lois A. Weithorn
Faculty Scholarship
No abstract provided.
Implicit Bias In The Courtroom, David L. Faigman, Jerry Kang, Mark W. Bennett, Devon W. Carbado, Pamela Casey, Nilanjana Dasgupta, Rachel D. Godsil, Anthony G. Greenwarld, Justin D. Levinson, Jennifer Mnookin
Implicit Bias In The Courtroom, David L. Faigman, Jerry Kang, Mark W. Bennett, Devon W. Carbado, Pamela Casey, Nilanjana Dasgupta, Rachel D. Godsil, Anthony G. Greenwarld, Justin D. Levinson, Jennifer Mnookin
Faculty Scholarship
No abstract provided.