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Articles 1 - 28 of 28
Full-Text Articles in Law
Humanity Constrains Loyalty: Fiduciary Duty, Human Rights, And The Corporate Decision Maker, Malcolm Rogge
Humanity Constrains Loyalty: Fiduciary Duty, Human Rights, And The Corporate Decision Maker, Malcolm Rogge
Fordham Journal of Corporate & Financial Law
This article considers whether the values contained within the idea of human rights have normative priority over economic values as they are inscribed in shareholder-oriented interpretations of the duty of loyalty in corporate law. While stakeholder theorists have sought to expand the ambit of the fiduciary duty—arguing generally that corporate fiduciary law permits managers to take into account a broad range of stakeholder interests—this article shifts the frame of analysis: It proposes that the range of corporate fiduciary loyalty is constrained by human rights as normative values that are distinct from the strictly economic values that are given primacy in …
Against Criminalization: Gender, Activism, And The Pursuit Of Justice, Chi Adanna Mgbako, Jeanne Flavin, Sapana Anand
Against Criminalization: Gender, Activism, And The Pursuit Of Justice, Chi Adanna Mgbako, Jeanne Flavin, Sapana Anand
Posters
Maloney Library lecture series, Behind the Book
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Ending Female Genital Mutilation & Child Marriage In Tanzania, Lisa Avalos, Naima Farrell, Rebecca Stellato, Marc Werner
Fordham International Law Journal
This Article analyzes the current practices of FGM and child marriage in Tanzania and makes a number of recommendations for eliminating these severe human rights violations. Part I identifies the relevant forms of gender-based violence and discusses how they are practiced and related. Part II addresses applicable international and domestic legal authority, identifying potential gaps in domestic legal protection for young girls. Part III proposes several promising legal and policy strategies, both international and domestic, to reduce the practices of child marriage and FGM in Tanzania. Ultimately, some or all of these measures must be implemented to help bring an …
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Civil Society Contributions To Inclusive Climate Cooperation, Elizabeth Burleson
Fordham International Law Journal
Engagement among States and decentralized, creative problem solvers can enhance the requisite cooperation to pick up the pace of solution implementation to match the rate of climate change. Global organizing capability, information sharing and innovation have enmeshed governments and civil society into new governance relationships. Technology has facilitated this process for many, but the hardware and software that has led to social networking is only a fraction of the story of dynamic, inclusive cooperation. Citizen sector actors hold both destructive and constructive capacity exceeding that of any previous era. While many remain overwhelmed by the scope of climate instability, members …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Fordham International Law Journal
Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in Russian society. Part I closes with a discussion of Russia’s international human rights obligations, and the international redress available to Russian nationals affected by the laws in question. Part II considers the practical application of the laws discussed in Part I. This includes an examination of …
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
An International Legal Framework For Se4all: Human Rights And Sustainable Development Law Imperatives, Thoko Kaime, Robert L. Glicksman
Fordham International Law Journal
This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. The article contends that such a transformation does not depend on the creation of entirely new legal rules or institutions. Instead, an effective framework for successful implementation of SE4All can be derived from existing rules of international human …
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Fordham International Law Journal
This Essay joins the chorus of criticism, but also aims to deepen some of the analysis, as well as focusing it on wider questions of judicial dialogue and autonomy. Where relevant for the purpose of its critique, the Essay also refers to the View of Advocate General Kokott, which is generally much more positive in tone—even if it also finds fault with some of the provisions of the Accession Agreement. It starts with an attempt to give some basic meaning to the dialogue concept, on which it may be possible to find some agreement. The argument is that, at a …
(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick
(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick
Fordham International Law Journal
No abstract provided.
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Fordham International Law Journal
Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …
Moving Forward The Un Guiding Principles For Business And Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, And The Treaty Law That Might Bind Them All, Larry Catá Backer
Fordham International Law Journal
No abstract provided.
Investing In Human Rights: Using Bilateral Investment Treaties To Hold Multinational Corporations Liable For Labor Rights Violations, Sharon Hang
Fordham International Law Journal
No abstract provided.
Justifying War And The Limits Of Humanitarianism, Mohamed S. Helal
Justifying War And The Limits Of Humanitarianism, Mohamed S. Helal
Fordham International Law Journal
No abstract provided.
"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson
"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson
Fordham Journal of Corporate & Financial Law
With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …
International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell
International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell
Fordham Law Review
No abstract provided.
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Fordham Law Review
No abstract provided.
American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu
American Ideals & Human Rights: Findings From New Public Opinion Research By The Opportunity Agenda, Alan Jenkins, Kevin Shawn Hsu
Fordham Law Review
No abstract provided.
Bringing Theories Of Human Rights Change Home, Cynthia Soohoo, Suzanne Stolz
Bringing Theories Of Human Rights Change Home, Cynthia Soohoo, Suzanne Stolz
Fordham Law Review
No abstract provided.
Misery And Mypoia: Understanding The Failures Of U.S. Efforts To Stop Human Trafficking , Jennifer M. Chacon
Misery And Mypoia: Understanding The Failures Of U.S. Efforts To Stop Human Trafficking , Jennifer M. Chacon
Fordham Law Review
No abstract provided.
Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii
Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii
Fordham Law Review
No abstract provided.
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Getting "Smart": Crafting Economic Sanctions That Respect All Human Rights, Amy Howlett
Getting "Smart": Crafting Economic Sanctions That Respect All Human Rights, Amy Howlett
Fordham Law Review
No abstract provided.
Ethical Religion And The Struggle Of Human Rights: The Case Of Martin Luther King, Jr., David A.J. Richards
Ethical Religion And The Struggle Of Human Rights: The Case Of Martin Luther King, Jr., David A.J. Richards
Fordham Law Review
No abstract provided.
Access To Affordable Hiv/Aids Drugs: The Human Rights Obligations Of Multinational Pharmaceutical Corporations , Lissett Ferreira
Access To Affordable Hiv/Aids Drugs: The Human Rights Obligations Of Multinational Pharmaceutical Corporations , Lissett Ferreira
Fordham Law Review
No abstract provided.
Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders
Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
That "S" Word: Sovereignty, And Globalization, And Human Rights, Et Cetera, Louis Henkin
That "S" Word: Sovereignty, And Globalization, And Human Rights, Et Cetera, Louis Henkin
Fordham Law Review
No abstract provided.
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
Faculty Scholarship
Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins
Faculty Scholarship
Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …