Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams
Pace International Law Review
This article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a …
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Pace International Law Review
The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the …