What Can We Do To Fight Discrimination?,
Cornell University ILR School
What Can We Do To Fight Discrimination?
GLADNET Collection
[Excerpt] Inclusion Europe speaks for people with intellectual disability and their families. Our members are organisations of self-advocates and parents from 33 countries in Europe.
Corruption And Bribery In Islamic Law: Are Islamic Ideals Being Met In Practice?,
Golden Gate University School of Law
Corruption And Bribery In Islamic Law: Are Islamic Ideals Being Met In Practice?, Mohamed A. Arafa
Annual Survey of International & Comparative Law
Islam looks to a significant degree to moral development within the individual to strengthen resolve and foster self-restraint. The focus is upon shaping the higher-order preferences elaborated in the Qur’an and the Sunnah through the law of Sharie‘a, reinforced by a powerful spiritual incentive system. Both legal systems—domestic and international—can learn from the Islamic legal system. To get a better understanding of this law, Part I will present a brief survey of Islamic law and Fiqh (“Islamic Jurisprudence”), sources of this law, the famous Islamic schools of jurisprudence (“Fiqh Al-Mazaheb/madhhabs”), and then an overview of ...
Jury Systems Around The World,
Cornell Law School
Jury Systems Around The World, Valerie P. Hans
Cornell Law Faculty Publications
Lay citizens participate as decision makers in the legal systems of many countries. This review describes the different approaches that countries employ to integrate lay decision makers, contrasting in particular the use of juries composed of all citizens with mixed decision-making bodies of lay and law-trained judges. The review discusses research on the benefits and drawbacks of lay legal decision making as well as international support for the use of ordinary citizens as legal decision makers, with an eye to explaining a recent increase in new jury systems around the world. The review calls for more comparative work on diverse ...
Color-Blind Racism In France: Bias Against Ethnic Minority Immigrants,
Washington University in St. Louis
Color-Blind Racism In France: Bias Against Ethnic Minority Immigrants
Washington University Journal of Law & Policy
With the influx of immigrants from former French colonies in North and sub-Sarahan Africa, France’s demographic composition has changed significantly. In response to its changing demographics, France implemented veil laws under the doctrines of secularism and French Republicanism. This Article will show that France’s race-neutral policies do not prevent the bias and discrimination caused by “color-blind racism.” It examines laws, policies, and practices that disadvantage ethnic minorities in France, specifically the veil law. This Article puts those debates in a broader context by analyzing immigration policies, the effects of discrimination in housing, employment, and education, and the influence ...
Transformative Constitutionalism In South Africa: Creative Uses Of Constitutional Court Authority To Advance Substantive Justice,
Golden Gate University School of Law
Transformative Constitutionalism In South Africa: Creative Uses Of Constitutional Court Authority To Advance Substantive Justice, Eric Christiansen
Publications
In this Article, I will first discuss some easily overlooked constitutional tools for promoting greater social justice: the procedural provisions of the South African Constitution related to jurisdiction, access, remedies and constitutional interpretation. Following that, I will use three recent Constitutional Court cases to demonstrate the Court's creative (and promising) use of its judicial authority to advance substantive justice. By way of conclusion, I will elaborate on the meaning of these recent developments for the transformative agenda of South Africa and for other nations.
Public Interest Litigation In India As A Paradigm For Developing Nations,
Indiana University Maurer School of Law
Public Interest Litigation In India As A Paradigm For Developing Nations, Zachary Holladay
Indiana Journal of Global Legal Studies
Public interest litigation (PIL) in India can serve as a vehicle for creating and enforcing rights and is critical to the sustenance of democracy. PIL in India can address the needs of its citizens when legislative inertia afflicts the Indian National Congress. This Note discusses how PIL in India can serve as a model for other developing nations struggling with legislative inertia and can provide recourse to marginalized and disadvantaged communities. Furthermore, while PIL obscures the traditional boundaries of power in a liberal democratic polity, democracy is in fact strengthened by the expansion of standing to include any citizen who ...
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms,
Seattle University School of Law
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman
Seattle University Law Review
Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention ...
Watson, Walton, And The History Of Legal Transplants,
University of Edinburgh
Watson, Walton, And The History Of Legal Transplants, John W. Cairns
Georgia Journal of International & Comparative Law
No abstract provided.
The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria,
William & Mary Law School
The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Constitutional Transplants, Borrowing, And Migrations,
Boston College Law School
Constitutional Transplants, Borrowing, And Migrations, Vlad F. Perju
Boston College Law School Faculty Papers
This paper, which will be published in the Oxford Handbook on Comparative Constitutional Law (M. Rosenfeld & A. Sajo, eds., forthcoming 2012), explores the borrowing and migration of constitutional ideas and institutions across jurisdictions. Despite the fact that comparative constitutional law is a form of comparative law, comparative constitutionalism has thus far largely ignored the rich debates in comparative law on the topic of legal transplants. I argue that those debates can illuminate our understanding of how constitutional doctrines and ideas travel. After noting the missing legacy of comparative legal thought in the constitutional realm, the paper studies the anatomy of ...
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