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Articles 1 - 9 of 9
Full-Text Articles in Law
When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study, Frank W. Munger
When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study, Frank W. Munger
Articles & Chapters
This is a case study of the legal practice of a young Thai “cause lawyer.” The study joins a growing number by other scholars who are skeptical of global convergence on a single form of the “rule of law,” and who argue instead that legal development in the new states of Asia and elsewhere will be path-dependent. Though this research examines advocacy by a relatively small group of practitioners, I argue that the study, together with my other case studies of social justice practitioners challenging the authority of government in different ways, provides a window on the development of law’s …
Navigating Culture In The Field: Cultural Competency Training Lessons From The International Human Rights Clinic, Kathleen Kelly Janus, Dee Smythe
Navigating Culture In The Field: Cultural Competency Training Lessons From The International Human Rights Clinic, Kathleen Kelly Janus, Dee Smythe
NYLS Law Review
No abstract provided.
Global Finance, Multinationals And Human Rights: With Commentary On Backer's Critique Of The 2008 Report By John Ruggie, Faith Stevelman
Global Finance, Multinationals And Human Rights: With Commentary On Backer's Critique Of The 2008 Report By John Ruggie, Faith Stevelman
Articles & Chapters
No abstract provided.
"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews
"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews
Articles & Chapters
This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.
Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews
Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed …
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
Homophobia And The “Matthew Shepard Effect” In Lawrence V. Texas, Kris Franklin
Homophobia And The “Matthew Shepard Effect” In Lawrence V. Texas, Kris Franklin
NYLS Law Review
No abstract provided.
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
NYLS Law Review
No abstract provided.
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …