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Full-Text Articles in Law

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White Dec 2010

Absolute Immunity: A License To Rape Justice At Will, Prentice L. White

Prentice L White

ABSOLUTE IMMUNITY: A LICENSE TO RAPE JUSTICE AT WILL BY PRENTICE L. WHITE We are all acquainted with the phrase the sanctity of marriage. We understand that the vows made by a couple at the wedding ceremony is sacrosanct, and if those vows are not taken seriously, or abused in any way, then the offending spouse will be penalized and evicted from the marital relationship. Likewise, justice should be handled in the same manner and with the same intensity. America prides itself on having the best legal system in the world. It broadcasts to all the surrounding nations that its ...


The Responsibility Gap: The Cia, Covert Actions And Violations Of International Law, Angela Huddleston Nov 2010

The Responsibility Gap: The Cia, Covert Actions And Violations Of International Law, Angela Huddleston

Angela Huddleston

Throughout the course of the Central Intelligence Agency (CIA), the United States of America has committed covert actions in virtually every major region in the world, particularly during the Cold War. These actions are not without their repercussions and have often led to massive violations of international law and human rights. Yet the US is not held responsible for its actions due to legal deficiencies that allow it to breach some of the most basic rules of international law without accountability. This paper examines the obligations of international law concerning covert actions before turning to state responsibility and highlighting the ...


Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe Jan 2010

Succession, The Obligation To Repair And Human Rights; The European Court Of Human Rights Judgment In The Case Of Bijelic V. Montenegro And Serbia, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

What happens when a state breaches its international obligations and then ceases to exist? Does its obligation to repair the harm caused by the breach devolve to a new state that occupies part of the territory of an old state? Can a new state be held accountable for violations that took place before the entry into force of the treaty with respect that state? This comment examines the European Court of Human Rights’ (hereinafter 'the Court' or 'the ECHR') encounter with the law of state succession, specifically succession to treaty obligations and succession to responsibility for wrongful acts of a ...


Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher Jan 2010

Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher

Hofstra Law Review

No abstract provided.


Beyond Occupation: Protected Persons And The Expiration Of Obligations, Tom Syring Jan 2010

Beyond Occupation: Protected Persons And The Expiration Of Obligations, Tom Syring

ILSA Journal of International & Comparative Law

In spite of the increasing importance and expanding scope of international law, some subjects of international law still fall outside of the protection offered by existing legal instruments.


Private Military Firms And Responses To Their Accountability Gap, John S. Kemp Jan 2010

Private Military Firms And Responses To Their Accountability Gap, John S. Kemp

Washington University Journal of Law & Policy

David Price, a Democratic representative from North Carolina, sponsored the MEJA Expansion and Enforcement Act of 2007 (H.R. 2740), which the House passed on October 4, 2007.12 The bill was intended to update the Military Extraterritorial Jurisdiction Act of 2000 ("MEJA").13 H.R. 2740 proposed adding language to MEJA to clarify that the United States has jurisdiction to hold contractors liable under American criminal law for prohibited conduct committed in regions where the Armed Forces are engaged in contingency operations.The history of private military firms ("PMFs") is discussed in Part I of this Note. Part II ...


Lost In Translation?: An Essay On Law And Neuroscience, Stephen J. Morse Jan 2010

Lost In Translation?: An Essay On Law And Neuroscience, Stephen J. Morse

Faculty Scholarship at Penn Law

The rapid expansion in neuroscientific research fuelled by the advent of functional magnetic resonance imaging [fMRI] has been accompanied by popular and scholarly commentary suggesting that neuroscience may substantially alter, and perhaps will even revolutionize, both law and morality. This essay, a contribution to, Law and Neuroscience (M. Freeman, Ed. 2011), will attempt to put such claims in perspective and to consider how properly to think about the relation between law and neuroscience. The overarching thesis is that neuroscience may indeed make some contributions to legal doctrine, practice and theory, but such contributions will be few and modest for the ...


Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr Jan 2010

Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr

Faculty of Law - Papers (Archive)

Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more ...