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 ...
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 ...
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.
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.
Color-Blind Racism In France: Bias Against Ethnic Minority Immigrants,
University of Delaware
Color-Blind Racism In France: Bias Against Ethnic Minority Immigrants, Leland Ware
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 ...
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 ...
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 ...
Relation Between International Law And Municipal Law,
Yale Law School
Relation Between International Law And Municipal Law, Edwin Borchard
Faculty Scholarship Series
Recent events on this continent make it seem appropriate once more to discuss the much – debated question of the relation between international law and municipal law. For one school, the dualists, municipal law prevails in case of conflict; for the other school, the monists international law prevails. There are two special features about the debate which warrant mention: first, that while the disputants do not widely differ in the ultimate solution of practical problems, they do differ considerably in their major premises and in the resulting theories; and second, that the attempt of various countries on occasion to escape the ...
China's Changing Constitution ,
Northwestern Pritzker School of Law
China's Changing Constitution , Jerome Alan Cohen
Northwestern Journal of International Law & Business
In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice,
University of Michigan Law School
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker
Michigan Journal of International Law
In recent years, a public debate on law and the colonial legacy has engaged people of all walks of life in the English Speaking Caribbean (ESC), from judges and politicians to young people in the streets. Throughout the ESC, the Judicial Committee of the Privy Council (JCPC)—based in London and composed of British jurists—has been the highest court of appeal since the colonial era. In the past decade, however, Caribbean governments have sought greater control over their legal systems. In 2005, they created the Caribbean Court of Justice (CCJ) to supplant the British Privy Council as the Supreme ...
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