Law Commons^™

Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero

Touro Law Review

This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.

Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery

Georgia Journal of International & Comparative Law

No abstract provided.

"Accommodations" For The Learning Disabled: A Level Playing Field Or Affirmative Action For Elites?, Craig S. Lerner

Vanderbilt Law Review

A growing number of students in American higher education are being diagnosed as "learning disabled" and then using that diagnosis to secure beneficial "accommodations," such as extra time on exams. These accommodations are often said to be mandated by the Americans with Disabilities Act (ADA). This Article challenges the premise that the ADA necessarily requires educational institutions to provide learning disabled students with any accommodations. The ADA defines "disability" as an impairment that substantially limits a major life activity. Whether one is substantially limited is determined with reference not to one's innate abilities, but to the skills of the average …

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan

Seattle University Law Review

The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …

Human Rights Research In Periodicals: A Bibliographic Note, Howard A. Hood

Vanderbilt Journal of Transnational Law

Research on implementation of the humanitarian provisions of the Helsinki Accord must include examination of the periodical literature. Articles on this topic are not restricted to specific journals, however, but are scattered throughout the gamut of human rights and general interest publications--from scholarly reviews and esoteric newsletters to the most popular magazines and newspapers. Research on the Accord thus encounters difficulties common to the investigation of the broad topic of human rights. Many of the relevant periodicals are obscure, unindexed, hard to locate, and ephemeral. Because of the global character of human rights concerns, journals and newsletters dealing with them …

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …