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Articles 1021 - 1050 of 3205
Full-Text Articles in Law
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
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 …
Federal Appeals Court Spares Mentally Ill Man From Execution -- For Now, Lauren Carasik
Federal Appeals Court Spares Mentally Ill Man From Execution -- For Now, Lauren Carasik
Media Presence
No abstract provided.
The Case For An International Court Of Civil Justice, Maya Steinitz
The Case For An International Court Of Civil Justice, Maya Steinitz
Faculty Scholarship
We live in a world in which the victims of cross-border mass torts de facto (not de jure) have no court to turn to in order to pursue legal action against American multinational corporations when they are responsible for disasters. 1 The only way to provide a fair and legitimate process for both victims and corporations is to create an International Court of Civil Justice (ICCJ). This Essay seeks to start a conversation about this novel institutional solution. It lays out both a justice case, from the plaintiffs' viewpoint, and an efficiency case, from a corporate defendant's viewpoint, for why …
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 …
Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik
Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik
Media Presence
No abstract provided.
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella
Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella
Georgia Journal of International & Comparative Law
No abstract provided.
Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen
Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen
Georgia Journal of International & Comparative Law
No abstract provided.
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In November 2014, CCSI and the Institute for Human Rights and Business co-convened a colloquium on policy, law, contracts, and sustainable development, with a particular focus on large-scale investments in the extractive industries and the agriculture sector. The colloquium provided an opportunity for practitioners to share information on their related work, as well as to reflect on current practices and remaining gaps regarding efforts to embed sustainability and human rights into large-scale deals. This outcome document provides a summary of the discussion, while its annex includes information on participants’ relevant programs, initiatives, and tools.
Toward Win-Win Sustainable Development, Linda Moon
Toward Win-Win Sustainable Development, Linda Moon
Columbia Center on Sustainable Investment Staff Publications
An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.
Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher
Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher
PhD Dissertations
This dissertation examines the role of law as a tool in struggles against social inequalities, by tracing the history of Ontario’s human rights legislation and enforcement from the enactment of fair practices statutes in the 1950s through the restructuring of the enforcement regime in 2006. Ontario was the first Canadian province to pass anti-discrimination legislation and to establish a human rights commission enforcement process. This legislation and the commission enforcement process were the models for all other Canadian jurisdictions.
The dissertation approaches the role of law through the framework of tensions between the “aspirations” and the “practices” of law. On …
Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney
Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney
Georgia Journal of International & Comparative Law
No abstract provided.
An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor
An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor
Georgia Journal of International & Comparative Law
No abstract provided.
Reflections On Regional Human Rights Law, Gabriel M. Wilner
Reflections On Regional Human Rights Law, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Georgia Journal of International & Comparative Law
No abstract provided.
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
Litigating Customary International Human Rights Norms, Beth Stephens
Litigating Customary International Human Rights Norms, Beth Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust
The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato
Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights And State "Sovereignty", Louis Henkin
Human Rights And State "Sovereignty", Louis Henkin
Georgia Journal of International & Comparative Law
No abstract provided.
The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich
The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross
Georgia Journal of International & Comparative Law
No abstract provided.
Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard
Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard
Georgia Journal of International & Comparative Law
No abstract provided.
Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione
Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione
Georgia Journal of International & Comparative Law
No abstract provided.
Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras
Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras
Georgia Journal of International & Comparative Law
No abstract provided.
Outsourcing Corporate Accountability, Kishanthi Parella
Outsourcing Corporate Accountability, Kishanthi Parella
Scholarly Articles
This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …