The Istanbul Convention’S Evidentiary Requirements In The Light Of Laws On Self-Defence And Mitigating Criminal Responsibility,
2021
University of Bayreuth
The Istanbul Convention’S Evidentiary Requirements In The Light Of Laws On Self-Defence And Mitigating Criminal Responsibility, Alexandra Molitorisová, Ciarán Burke
University of Miami International and Comparative Law Review
The article argues that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), a comprehensive international treaty, may necessitate deep changes in its Parties’ domestic legal regimes, including reconceptualising laws on circumstances excluding or mitigating criminal responsibility and related evidentiary issues in domestic violence cases. The article first presents the theoretical underpinnings of a gendered understanding of violence and criminal laws. It then proceeds to present different approaches to law reform that have contemplated gendered laws on circumstances that exclude criminal responsibility, mostly in the context of homicides committed by battered women. …
Front Matter & Table Of Contents,
2021
University of Miami Law School
Front Matter & Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Masthead,
2021
University of Miami Law School
The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?,
2021
Syracuse University College of Law
The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr.
University of Miami Inter-American Law Review
No abstract provided.
Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel,
2021
William & Mary Law School
Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah
William & Mary Journal of Race, Gender, and Social Justice
This Note will first discuss the presence of Ethiopian Jews in Israel, and then compare their stature and rights (or lack thereof) to another insular group in Israel—Arab Palestinians. Finally, this Note will discuss possible solutions and remedies to these fatal police shootings. Considering that the possibility of criminal liability for officers is low, this Note will argue that both civil remedies and additional training for police are necessary to avert future shootings of Ethiopian Jews.
Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements,
2021
William & Mary Law School
Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao
William & Mary Journal of Race, Gender, and Social Justice
The 2010 Constitution of Kenya recognizes the special group of women living in urban informal settlements, and provides for their access to the highest attainable standards of health care, including reproductive health care. The Health Act, which was enacted in 2017, recognizes the significant challenges of accessing maternal health services among the poorest populations. Pursuant to the resolutions of the African Union, the Health Act abolished user fees for pregnant women. The Health Act instructs the county and national governments to expand free maternity care and childhood immunizations through funding. Despite Kenya’s commitment to increase the national budget for health …
Is Federal Rule Of Civil Procedure 19(B) Too Discretionary?,
2021
The University of Akron
Is Federal Rule Of Civil Procedure 19(B) Too Discretionary?, Cesare Cavallini, Marcello Gaboardi
Akron Law Review
The courts are entrusted with the implementation of required joinder of parties under Federal Rule of Civil Procedure 19. Indeed, the courts have substantial discretion to determine, under the considerations listed in Rule 19(b), whether to continue the litigation without the person who should be joined in pending litigation or to dismiss the action because such a person cannot be joined. Therefore, the courts are asked to weigh the factors under Rule 19(b) and recognize that one factor can be more important than others in a given case or other factors not listed in Rule 19(b) can be important in …
Russia/Eurasia,
2021
Southern Methodist University
Russia/Eurasia, Maria Grechishkina, Natalia Lantonio, Timur Bondaryev
The Year in Review
No abstract provided.
Middle East Committee,
2021
Southern Methodist University
Middle East Committee, Hdeel Abdelhady, Sarah A. Oliai, Ibrahim Sattout, Dania Dib, Emma Higham, Yasser Shabbir, Abdulaziz M. Al Hussan, Amgad T. Husein, Mahmoud Abdel-Baky, Jonathan G. Burns, Zachary J. Walker, Christian Murad, S. Elisa Kim
The Year in Review
No abstract provided.
Mexico,
2021
Southern Methodist University
Mexico, Gil Anav, Francisco Garcia Bedoy Uribe, Susan Burns, Sergio Bustamante, Yurixhi Gallardo Martinez, Jorge Garcia Peralta, Karla Gudino Yanezyves, Matthew Hansen, Yves Hayaux Du Tilly L., Marco Antonio Pena Barba, Juan Pablo Sainz
The Year in Review
No abstract provided.
India,
2021
Southern Methodist University
India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Riya Dutta
The Year in Review
No abstract provided.
Europe,
2021
Southern Methodist University
Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands
The Year in Review
No abstract provided.
Canada,
2021
Southern Methodist University
Canada, Angela E. Weaver, Erin Brown, Melissa N. Burkett, Sunita D. Doobay, Theodore Goloff, George Karayannides, Ken Macdonald, Martin G. Masse, Terri-Lee Oleniuk, Taylor Schappert, Ellen Snow, Clifford Sosnow
The Year in Review
No abstract provided.
Asia Pacific,
2021
Southern Methodist University
Asia Pacific, Justin G. Persaud, Zack Spencer, Genan Zilkha
The Year in Review
No abstract provided.
Africa,
2021
Southern Methodist University
Africa, Diepiriye Anga, Lawrence Fubara Anga, Rosanna Barsati, Elisha Bhugwandeen, Susan Bishai, Anne Bodley, Ineke Brink, Ladawn Burnett, Kirsty Dean-Mhlongo, Michela Cocchi, Tamara Dini, Adam Dubin, Dr. Porpoise Evans, Rudolf Ezeani, Peter Finan, Elizabeth Fitzgerald, Katherine Flannery, Sara Frazao, Ganiyou Gassikia, Felicia Gordon, Jehmal Hudson, Joyce Karanja-Ng'ang'a, Sarika Karia, Ryan P. Kelley, James Lord, Lumela Lumela, Anis Mahfoud, Xolani Nyali, Nkatha Obungu, Nelson Ogbuanya, Steve Onwuasoanya, Ricardo Silva
The Year in Review
No abstract provided.
Honor Crimes: A Question Of Honor, Culture, And Humanity,
2021
University of San Francisco
Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh
Master's Theses
Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …
Foreign Judgments: The Limits Of Transnational Issue Estoppel, Reciprocity, And Transnational Comity,
2021
Singapore Management University
Foreign Judgments: The Limits Of Transnational Issue Estoppel, Reciprocity, And Transnational Comity, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
In Merck Sharp & Dohme Corp v Merck KGaA [2021] SGCA 14, a full bench of the Singapore Court of Appeal addressed the limits of transnational issue estoppel in Singapore law, and flagged possible fundamental changes to the common law on the recognition and enforcement of foreign judgments in Singapore. The litigation involves multiple parties spread over different jurisdictions. The specific facts involved in the appeal are fairly straightforward, centring on what has been decided in a judgment from the English court, and whether it could be used to raise issue estoppel on the interpretation of a particular term of …
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States,
2021
William & Mary Law School
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts
William & Mary Bill of Rights Journal
The interrogation process is central to the investigation and resolution of criminal matters throughout the world. It is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different approaches to the interrogation process in different nations. This Article developed through a series of conversations between six international criminal justice professionals— practicing attorneys, scholars, and judges—regarding the interrogation practices and rules in their respective countries. Providing a comparative look at this important area, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England and Wales, New Zealand, and the …
Traditional Knowledge – The Changing Scenario In India,
2021
Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, India
Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti
Indonesian Journal of International Law
India is a party to the CBD, which came into force on 29 December 1993. It has three main objectives, namely the conservation of biological diversity, the sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of genetic resources. CBD envisages that the benefits accruing from commercial use of TK have to be shared with the people responsible for creating, refining and using this knowledge. Art 8(j) of the CBD provides for respecting, protecting and rewarding the Knowledge, Innovations and Practices (KIP) of local communities. Realizing the need to ensure that the …
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy,
2021
William & Mary Law School
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
William & Mary Bill of Rights Journal
Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches. …
