Law Commons^™

The United Nations System For The Protection Of Human Rights, Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart

Georgia Journal of International & Comparative Law

No abstract provided.

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.

The Potential For The United States Joining The Covenant Family, Alfred De Zayas

Georgia Journal of International & Comparative Law

No abstract provided.

Panel I-- General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

United States Ratification Of The United Nations Covenants, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman

Pace International Law Review

This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law—international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinct claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely …

Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan

Pace International Law Review

Since the invasion of Afghanistan, the United States has utilized Unmanned Aerial Vehicles (UAVs) to locate, surveil and kill members of the Taliban, Al-Qaeda and its associated forces. Such killings have decimated the leadership of these groups and disrupted their operations. However, there are collateral effects from UAV killings including civilian deaths. These deaths increase resentment and hatred toward the US, which is channeled by terrorist groups to recruit new members and for local support. Moreover, targeted killings outside a combat zone have political and diplomatic consequences. This paper argues that the current uses of UAV are legal under international …

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …

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 …

Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener

Pace International Law Review

This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …

Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont

Pace International Law Review

The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …

Climate Change Negotiations And Doha, Qatar, Sophia Sofferman

Pace International Law Review

This comment will focus on the role that the principle of common and differentiated responsibilities plays in global climate negotiations under the United Nations Framework on Climate Change and more recent climate negotiations by the Conference of the Parties. More specifically, this comment will focus on the implications this has for developing and developed countries, namely on China and the United States as the two largest emitters of greenhouse gases in the world, and as developing and developed countries respectively.

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 …

The Shrews That Tame Wall Street?, Mehrsa Baradaran

Popular Media

Although plenty of men are whistleblowers and financial reformers, too, the ones making the most noise are women. Women are significantly underrepresented in Wall Street firms as well as in Congress and the regulatory agencies.

No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth

Faculty Work Comprehensive List

"It was no surprise that this decision stirred strong emotional responses across the board, with many taking the same decision as either full exoneration of Mr. Wilson or proof positive of a racist system incapable of producing justice. So how do we make sense of what has happened?"

Posting about the grand jury decision in Ferguson, Missouri following the death of Michael Brown and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/no-indictment-making-sense-of-mondays-decision-in-ferguson/

Making Law School A Place For People Who Know What They Want To Do

Austen Parrish (2014-2022)

No abstract provided.

Vol. 47, No. 12 (November 24, 2014)

Indiana Law Annotated

No abstract provided.

Mmu: 11/24/14–11/30/14, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik

Media Presence

No abstract provided.

A Disappearing Act: The Dwindling Analysis Of The Anti-Violence Movement, Kerry Toner

City University of New York Law Review

No abstract provided.

The Cost Of Public Protest, Timothy Zick

Popular Media

No abstract provided.

President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Archcity Defenders: Municipal Courts White Paper, Thomas Harvey, John Mcannar, Michael-John Voss, Megan Conn, Sean Janda, Sophia Keskey

All Faculty Scholarship

ArchCity Defenders represents St. Louis' indigent on a pro bono basis in criminal and civil legal matters while working closely with social service providers to connect clients with services. Our primary goal is to remove the legal barriers preventing our clients from accessing the housing, job training, and treatment they need to get on with their lives.

In the five years we have been doing this work, we have primarily focused on representation in the municipal courts that have jurisdiction over infractions for mostly traffic-related offenses. Our direct representation of clients in these courts and the stories they shared of …

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …