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Articles 331 - 360 of 449
Full-Text Articles in Human Rights Law
Nfib V. Sebelius: A Feather In The Cap Of Those Who Challenge Sorna?, Bethany Belisle
Nfib V. Sebelius: A Feather In The Cap Of Those Who Challenge Sorna?, Bethany Belisle
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Scholarly Articles
This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in cases where …
Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl
Books and Chapters
The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …
Proceedings Of The Seventh International Humanitarian Law Dialogs, Recent Developments In International Criminal Law: 2012–2013, Mark A. Drumbl
Proceedings Of The Seventh International Humanitarian Law Dialogs, Recent Developments In International Criminal Law: 2012–2013, Mark A. Drumbl
Scholarly Articles
This publication is based on Professor Drumbl’s keynote address on August 27, 2013 at the Seventh International Humanitarian Law Dialogs held in Chautauqua, New York.
‘Germans Are The Lords And Poles Are The Servants’: The Trial Of Arthur Greiser In Poland, 1946, In The Hidden Histories Of War Crimes Trials (Kevin Jon Heller & Gerry Simpson Eds., 2013), Mark A. Drumbl
Books and Chapters
In the aftermath of World War II, the first conviction of an influential Nazi German official for the crime of waging aggressive war was delivered not by the International Military Tribunal at Nuremberg, but, rather, by the Supreme National Tribunal of Poland sitting in Poznán. The accused was Arthur Greiser. Beginning in September 1939, Greiser served as Gauleiter (i.e. Governor) of the Warthegau, a large expanse of western Poland that had been illegally annexed to Nazi Germany. The Warthegau's residents suffered brutally under Greiser's boot.
The Polish Tribunal sentenced Greiser to death on July 9, 1946. His execution by public …
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
From Oblivion To Memory: A Blueprint For The Amnesty, Mark A. Drumbl
Scholarly Articles
This Review Essay examines Mark Freeman’s thoughtful book, Necessary Evils: Amnesties and the Search for Justice. One of the book’s core arguments is that amnesties from criminal prosecution, however unpalatable to liberal legalist sensibilities, should not be entirely purged from the toolbox of post-conflict transitions. Although advancing this argument, Freeman also struggles with it, and ultimately builds a very restrained and heavily technocratic defense of the amnesty. This Review Essay weighs this argument, among others, on its own terms and also within the context of recent events that post-date the book’s publication. The result is a vibrant exposition of …
Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas
Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Racial And Ethnic Disparities In Post-Disaster Mental Health: Examining The Evidence Through A Lens Of Social Justice, Jonathan Purtle
Racial And Ethnic Disparities In Post-Disaster Mental Health: Examining The Evidence Through A Lens Of Social Justice, Jonathan Purtle
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena
Eluding The Grim Reaper: How Section 2 Of The Defense Of Marriage Act Could Survive Strict Scrutiny, Michael Disiena
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Monolithic Threat: The Anti-Sharia Movement And America’S Counter-Subversive Tradition, Ross Johnson
A Monolithic Threat: The Anti-Sharia Movement And America’S Counter-Subversive Tradition, Ross Johnson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones
Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Advancing Culturally And Linguistically Appropriate Services At All Phases Of A Disaster, C. Godfrey Jacobs, Darci L. Graves, Jennifer Kenyon, Guadalupe Pacheco
Advancing Culturally And Linguistically Appropriate Services At All Phases Of A Disaster, C. Godfrey Jacobs, Darci L. Graves, Jennifer Kenyon, Guadalupe Pacheco
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.
Continuing Combat At Home: How Judges And Attorneys Can Improve Their Handling Of Combat Veterans With Ptsd In Criminal Courts, Jeffrey Lewis Wieand Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ask, Tell, But Do Not Get Greedy: The Inequalities That Pervade In The Military In Light Of The Repeal Of “Don’T Ask, Don’T Tell”, David Barnes
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Profiling And Immigration, Aaron Haas
Profiling And Immigration, Aaron Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K. A. Greenawalt
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K. A. Greenawalt
Washington and Lee Law Review
Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings. First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Same-Sex Marriage: Strengthening The Legal Shield Or Sharpening The Sword? The Impact Of Legalizing Marriage On Child Custody/Visitation And Child Support For Same-Sex Couples, Jason C. Beekman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland
Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers
The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.