Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (431)
- Seattle University School of Law (187)
- University of Michigan Law School (50)
- Universitas Padjadjaran (29)
- University of Georgia School of Law (17)
-
- Brooklyn Law School (16)
- Maurer School of Law: Indiana University (12)
- Yeshiva University, Cardozo School of Law (12)
- American University Washington College of Law (7)
- DePaul University (7)
- Pepperdine University (5)
- Notre Dame Law School (4)
- American University in Cairo (3)
- Texas A&M University School of Law (3)
- University at Buffalo School of Law (3)
- University of Baltimore Law (3)
- University of Miami Law School (3)
- University of the Pacific (3)
- Boston University School of Law (2)
- Duke Law (2)
- Fordham Law School (2)
- University of Washington School of Law (2)
- Western New England University (2)
- Association of Arab Universities (1)
- Brigham Young University Law School (1)
- California Western School of Law (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Keyword
-
- Rule of law (18)
- Governance (14)
- Legal systems (14)
- China (13)
- Law (13)
-
- Law reform (12)
- Legal institutions (10)
- History (9)
- Justice (9)
- Rule of Law (9)
- International Law (8)
- Russia (8)
- Authority (7)
- Federalism (7)
- SFFA (7)
- Soviet Union (7)
- Affirmative Action (6)
- Africa (6)
- Democracy (6)
- ESG (6)
- Japan (6)
- Technology (6)
- Constitution (5)
- Culture (5)
- Diversity (5)
- England (5)
- Poland (5)
- Regulation (5)
- Securities and exchange commission (5)
- Terrorism (5)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (419)
- Seattle University Law Review (187)
- Padjadjaran Jurnal Ilmu Hukum (Journal of Law) (29)
- Michigan Journal of International Law (19)
- Michigan Law Review (17)
-
- Georgia Journal of International & Comparative Law (16)
- Brooklyn Journal of International Law (14)
- Indonesia Law Review (12)
- Faculty Scholarship (8)
- International Human Rights Law Journal (7)
- Articles (6)
- Indiana Journal of Constitutional Design (6)
- Indiana Journal of Global Legal Studies (5)
- Pepperdine Dispute Resolution Law Journal (5)
- Cardozo Journal of Conflict Resolution (4)
- Human Rights Brief (4)
- All Faculty Scholarship (3)
- Cardozo Journal of International and Comparative Law (3)
- Notre Dame Journal of International & Comparative Law (3)
- Other Publications (3)
- Texas A&M Law Review (3)
- Theses and Dissertations (3)
- Cardozo International & Comparative Law Review (2)
- Cardozo Law Review (2)
- Journal Articles (2)
- Judicature International (2)
- McGeorge School of Law Scholarly Articles (2)
- Michigan Journal of Race and Law (2)
- Reviews (2)
- University of Michigan Journal of Law Reform (2)
- Publication Type
Articles 721 - 750 of 832
Full-Text Articles in Rule of Law
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy
International Human Rights Law Journal
Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
International Human Rights Law Journal
The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
International Human Rights Law Journal
Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman
International Human Rights Law Journal
Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
International Human Rights Law Journal
Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
International Human Rights Law Journal
Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …
The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy
The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy
Cardozo Journal of Conflict Resolution
There is an overall legitimacy crisis in courts. The sources of this crisis have, to a large extent, been misconstrued. While there has been significant writing depicting the diminished quality, effectiveness, and fairness of courts, these phenomena have, for the most part, been viewed as distinct problems that warrant discrete solutions. This article shows that these problems are all manifestations of an overall legitimacy crisis that stems from the blurring of the originally stark distinctions between courts and alternatives. Traditionally, formal and informal dispute resolution processes had their own sources of legitimacy, each grounded in their respective distinctive (often opposing) …
Surveillance, Secrecy, And The Search For Meaningful Accountability, Sudha Setty
Surveillance, Secrecy, And The Search For Meaningful Accountability, Sudha Setty
Faculty Scholarship
One of the most intractable problems in the debate around maintaining the rule of law while combating the threat of terrorism is the question of secrecy and transparency. In peacetime, important tenets to the rule of law include transparency of the law, limits on government power, and consistency of the law as applied to individuals in the policy. Yet the post-9/11 decision-making by the Bush and Obama administrations is characterized with excessive secrecy that stymies most efforts to hold the government accountable for its abuses. Executive branch policy with regard to detention, interrogation, targeted killing and surveillance are kept secret, …
Introduction: Constitutional Conflict And Development: Perspectives From South Asia And Africa, Sudha Setty, Matthew H. Charity
Introduction: Constitutional Conflict And Development: Perspectives From South Asia And Africa, Sudha Setty, Matthew H. Charity
Faculty Scholarship
This Introduction was written for an eponymous joint program held on January 4, 2014 and hosted by the Section on Africa and the Section of Law & South Asian Studies, both of the Association of American Law Schools.
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
Georgia Journal of International & Comparative Law
No abstract provided.
The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi
The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi
Georgia Journal of International & Comparative Law
No abstract provided.
Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, John C. Williamson
Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, John C. Williamson
Georgia Journal of International & Comparative Law
No abstract provided.
Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams
Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 3: The Development Of A Market Democracy, Timothy B. Mills, Keith W. Crane, O. Lee Reed, Robert D. Gatewood
Panel 3: The Development Of A Market Democracy, Timothy B. Mills, Keith W. Crane, O. Lee Reed, Robert D. Gatewood
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 2: Building The Institutions Of The Nation, Louis M. Aucoin, Karl F. Inderfurth, Howard J. Wiarda, Thomas P. Lauth
Panel 2: Building The Institutions Of The Nation, Louis M. Aucoin, Karl F. Inderfurth, Howard J. Wiarda, Thomas P. Lauth
Georgia Journal of International & Comparative Law
No abstract provided.
Address: Post-War Criminal Justice In Iraq, Travis W. Hall
Address: Post-War Criminal Justice In Iraq, Travis W. Hall
Georgia Journal of International & Comparative Law
No abstract provided.
Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki
Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky
Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
Georgia Journal of International & Comparative Law
No abstract provided.
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Cardozo Law Review
No abstract provided.
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Michigan Journal of International Law
At a time of U.S. budget cuts, popularly known as the “sequester,” court systems across the nation are facing financial shortfalls. Small claims courts are no exception. Among the worst hit states is California, which is suffering staffing cutbacks that result in long delays prompting consideration of the old maxim, “justice delayed is justice denied.” Similar problems, albeit on a larger scale, are evident in other nations including India where the Law Commission has argued that the millions of pending cases combined with the lagging uptake of technological best practices has impeded judicial productivity, leading to “disappointment and dissatisfaction among …
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
All Faculty Scholarship
America’s rule of law is not working well because many American lawyers confound their rule of law with common law and with common law methods. They overlook the contribution of good legislation to good government. They fixate on judges, judge-made law and procedure. America’s founders, in particular, John Adams and Thomas Jefferson, did not. They were not entranced by common law and by common law methods. This chapter shows how in the first few years of American independence, Adams popularized the term “government of laws” and how Jefferson drafted statutes for a government of laws. Neither of them assigned common …
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner
What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner
Faculty Scholarship
In the fall of 2014, Chinese Communist Party authorities made legal reform the focus of their annual plenum for the first time. The Fourth Plenum Decision confirmed a shift away from some of the policies of the late Hu Jintao era, but liberal reforms still remain off the table. The top-down vision of legal reform developing under Xi Jinping’s administration may have more in common with current trends in the party disciplinary apparatus or historical ones in the imperial Chinese censorate than it does with Western rule-of-law norms. This essay attempts to do three things: (1) analyze how and why …
Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh
Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh
Articles
This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …