• 'Necessity knows no law': the resurrection of Kriegsraison through the US targeted killing programme

      Connolly, Catherine (Oxford University Press, 2017-12-17)
      The doctrine of Kriegsraison, and its argument that ‘necessity knows no law’, is generally considered to have been laid to rest with the creation of the 1949 Geneva Conventions. However, this article asserts that Kriegsraison is resurrected and wholly alive in the USAs’ targeted killing programme. The targeted killing programme, now in existence for more than 15 years, remains one of the most problematic aspects of US anti-terror policy and continues to raise numerous legal questions. The article argues that treatment of the various legal frameworks relevant to targeted killing by the USA is suffused with Kriegsraison to such an extent that necessity, in its varying iterations, has become the primary guiding principle for US uses of force, and assessments as to their legality. This argument is predicated on an examination of the USAs’ expansive interpretation of jus ad bellum principles, its a-la-carte approach in recognising the applicability of jus in bello rules, and the designation of regions in which it uses force as lying ‘outside the area of active hostilities’. Throughout this assessment, parallels are drawn between the conduct of the USA today and between that of WWI-era Germany, which was characterised by Kriegsraison’s pervasive influence. Finally, the article contends that the use of armed drones as the primary tool for carrying out the targeted killing programme must be scrutinised, as this is vital to understanding the practical implementation of the Kriegsraison doctrine.
    • 10 años de "Observatori de Bioètica i Dret"

      Montserrat Escartín Gual (Universidad de Barcelona, 2009-06-01)
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    • 2004 Special Masters Conference: Transcript of Proceedings

      Special Masters, Various (Mitchell Hamline Open Access, 2005-01-01)
      A historic gathering of special masters occurred on October 15th and 16th, 2004 in Saint Paul, Minnesota. Federal and state court-appointed masters from around the country met for the first time to share their experiences as special masters and to form a national association of court appointed masters. This issue of the William Mitchell Law Review contains articles presented at the conference and the transcript of faculty presentations. Throughout the transcript of faculty presentations, the word “speaker” denotes a conference attendee.
    • 2004 Special Masters Conference: Transcript of Proceedings

      Special Masters, Various (Mitchell Open Access, 2005-01-01)
      A historic gathering of special masters occurred on October 15th and 16th, 2004 in Saint Paul, Minnesota. Federal and state court-appointed masters from around the country met for the first time to share their experiences as special masters and to form a national association of court appointed masters. This issue of the William Mitchell Law Review contains articles presented at the conference and the transcript of faculty presentations. Throughout the transcript of faculty presentations, the word “speaker” denotes a conference attendee.
    • 2013: Intemperie Moral

      Observatori de Bioètica i Dret Observatori de Bioètica i Dret (Universidad de Barcelona, 2013-01-01)
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    • 2015 Survey of Rhode Island Law: Cases and Public Laws of Note

      Roger Williams University Law Review Staff (DOCS@RWU, 2016-01-01)
    • 30ª Asamblea Mundial de la Salud, Ginebra, 2-19 de mayo de 1977: parte I: resoluciones y decisiones: anexos

      Asamblea Mundial de la Salud, 30 (Organización Mundial de la Salud, 2013-11-24)
      99 p.
    • "An Honest Living": Street Vendors, Municipal Regulation and the Black Public Sphere

      Austin, Regina (Penn Law: Legal Scholarship Repository, 1994-01-01)
    • "An Honest Living": Street Vendors, Municipal Regulation, and the Black Public Sphere

      Austin, Regina (Penn Law: Legal Scholarship Repository, 1994-01-01)
    • "But Whoever Treasures Freedom...": The Right to Travel and Extraterritorial Abortions

      Kreimer, Seth F. (Penn Law: Legal Scholarship Repository, 1993-03-01)
    • "Is It Legal?": An American Law Professor's Tribute to an English Lawyer TV Sitcom

      Jarvis, Robert M. (SelectedWorks, 2010-05-30)
      This paper introduces readers to a forgotten 1990s English TV sitcom called "Is It Legal?" and then compares it to a similar American TV sitcom called "Sparks." In the course of describing the show's characters and plots, the paper discusses the regulation of attorneys, the functioning of law firms, and the business aspects of the television industry.
    • "Neurodiversion" : incorporating frontal lobe rehabilitation treatment for impulse-control management in the rehabilitation of criminal offenders in Australia

      Cooter, Emma V (ePublications@bond, 2015-01-01)
      This thesis examines the legal theoretical and practical implications of the incorporation of frontal lobe rehabilitation treatment (hereinafter ‘FLRT’) for impulse-control management in the rehabilitation of criminal offenders, with a view to achieving an overall reduction in crime (both in prison population and recidivism).
    • "Que hable ahora o calle para siempre": la ética comunicativa de nuestra deliberación en torno al matrimonio igualitario

      Muñoz, Fernando (SelectedWorks, 2011-01-01)
      This article examines various documents put forward within the context of the discussion on equal marriage currently being held at the Constitutional Tribunal and the legislative process. From this analysis, it concludes that Chilean public deliberation presents an uneven fulfillment of the standards stemming from communicative ethics, which in this article is conceptualized from the perspective of the work of Carlos Nino.
    • "The End of the Beginning?": A Comprehensive Look at the U.N.'s Business and Human Rights Agenda from a Bystander Perspective

      Jena Martin Amerson (FLASH: The Fordham Law Archive of Scholarship and History, 2012-01-01)
      With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship with human rights issues. This Article attempts to fill that gap. By documenting the rise and development of Transnational Corporations as potential subjects under international law, the Article will help to provide a comprehensive overview of the issues concerning Transnational Corporations and businesses for the last twelve years. In addition, by examining the Guiding Principles through the lens of bystander rhetoric, this Article hopes to point the way forward to the next phase in developing a meaningful accountability structure for TNCs under international law.
    • 'Gardens of Justice': Australian Feminist Law Journal, 2013, Volume 39

      Arvidsson, Matilda; Brännström, Leila; Bruncevic, Merima; Dahlberg, Leif (SelectedWorks, 2014-02-01)
      FOREWARD: GARDENS OF JUSTICE Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom, Leif Dahlberg Our Gardens of Justice special themed issue of the Australian Feminist Law Journal grew out of the 2012 Critical Legal Conference in Stockholm and its theme of Gardens of Justice, a conference organised by Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom and Leif Dahlberg. We issued a Call for Papers early in 2013 in which several conference theme questions were repeated. We called for papers devoted to thinking about law and justice as a physical as well as a social environment. The theme suggested a plurality of justice gardens that may function together but at times also may be at odds with each other. We invited authors to think freely and critically about both the concrete and the metaphorical garden, and invited articles that addressed questions of law and justice as spatial and spatializing structures, as social topography and geography, as political cartography on a global scale, as places where symbolic orders and disorders become visible and may be acted out, as mechanisms of inclusion and exclusion, as masculine and feminine and as social utopia. Later in 2013 we re-issued the Call for Papers emphasizing the metaphorical and the juridical linking of gardens and justice: Gardens and Justice have been joined as figurae, genres and topoi in the classical writings of Virgil, in the Old Testament text of Genesis and the Garden of Eden, in Milton's epic of Paradise Lost, in Blackstone in Commentaries on the Laws of England, and not the last, in Neil Young's lyrics `After the Garden', in his 2006 album Living with War. These and numerous other texts are peopled by figures who live at home, and others who depart from home. Together, and apart, they invite us to continue their genre of living and writing in a world of imperfection, suffering and violence, while maintaining other possibilities and other beginnings. The AFLJ invited articles which investigated the use of garden narratives, whether in jurisprudential writings, in film, in literary works, in political theory, or postcolonial theory, amongst other disciplinary conventions and media. Amongst the numerous questions which could be pursued, we posed the following: How do garden narratives and their figures structure an understanding of Justice, and for what purposes have gardens and justice been linked in national and international law? Are gardens our images of utopia, heaven, peace, or simply a homecoming from the deserts of life? Do gardens help us understand nations and territory? Are gardens ever secular? Are there historic forms of governance encoded in garden narratives? In what ways do Justice narratives in the 21st century understand the figure who leaves the garden as having a persona as stranger, serf, refugee or simply human, or not-human?
    • 'Your Old Road is/Rapidly Agin': International Human Rights Standards and Their Impact on Forensic Psychologists, the Practice of Forensic Psychology, and the Conditions of Institutionalization of Persons with Mental Disabilities

      Perlin, Michael L. (DigitalCommons@NYLS, 2018-01-01)
      An earlier version of this paper was presented as the Lynn Stuart Weiss lecture at the American Psychological Association yearly conference, sponsored by the American Psychology-Law Society and the American Psychology Foundation, August 2016, Denver, Colorado. For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human rights, one that grows in importance each year: how the treatment (especially, the institutional treatment) of persons with mental and intellectual disabilities violates international human rights law, and the silence of organized forensic psychology in the face of this mistreatment. This issue has become even more pointed in recent years, following the ratification of the United Nations’ Convention on the Rights of Persons with Disabilities. Organized forensic psychology has remained largely silent about the potential significance of this Convention and about how it demands that we rethink the way we institutionalize persons – often in brutal and barbaric conditions – around the world. In many parts of the world, circumstances are bleak: services are provided in segregated settings that cut people off from society, often for life; persons are arbitrarily detained from society and committed to institutions without any modicum of due process; individuals are denied the ability to make choices about their lives when they are put under plenary guardianship; there is a wide-spread denial of appropriate medical care or basic hygiene in psychiatric facilities, individuals are subject to powerful and often-dangerous psychotropic medications without adequate standards, and there is virtually no human rights oversight and enforcement mechanisms to protect against the broad range of institutional abuse. Although there is a robust literature developing – interestingly, mostly in Australia and New Zealand, but little in the US – about how such institutional conditions violate the international human rights of this population, virtually nothing has been written about how organized forensic psychology has been silent about these abuses. In this paper, I (1) discuss the relevant international human rights law that applies to these questions, (2) examine the current state of conditions in institutions worldwide, (3) argue why forensic psychology needs to become more aggressively involved in this area, and (4) offer some suggestions as to how this situation can be ameliorated.
    • 50th Anniversary of Hart’s The Concept of Law.

      Florez, Imer B.; Fabra, Jorge Luis (SelectedWorks, 2012-03-01)
      Reconsider the influence of H. L. A. Hart’s The Concept of Law (1961) in its fiftieth anniversary, in particular, and the legacy of his work, in general, is an idea that first came to mind in informal discussions between Tom Campbell, Imer B. Flores, and Wilfrid J. Waluchow during the Conference The Legacy of H. L. A. Hart: Legal, Political, and Moral Philos- ophy, organized by the Cambridge Forum for Legal and Po- litical Philosophy, in Cambridge University, Cambridge (United Kingdom), July 27-28, 2007. Actually, the idea that it is necessary not only to reconsider Hart’s The Con- cept of Law but also to re-read and even to re-write it, can be traced back to Nicola Lacey’s A Life of H. L. A. Hart. The Nightmare and the Noble Dream, where she points out that the Appendix to The Concept of Law, which is now known as the “Postscript”, was conceived at some point by Hart himself as an essay with the title “The Concept of Law Re- considered”. Along these lines, Enrique Cáceres, Imer B. Flores, and Juan Vega Gómez agreed to pay tribute to Hart’s The Con- cept of Law in its golden anniversary not only by dedicating to him and his masterpiece the Discussion of Problema, Volume 5, but also by devoting themselves to the organiza- tion of different activities, during 2011, including a tête à tête Seminar Discussion between Kenneth E. Himma and Wilfrid J. Waluchow, two of the most representative heirs of Hart’s “soft positivism”, i.e. “inclusive legal positivism”. In addition, Flores proposed a Special Workshop “H. L. A. Hart’s The Concept of Law Reconsidered” to the organizers of the XXV IVR World Congress of Philosophy of Law and Social Philosophy “Law, Science, Technology”, which was held in Frankfurt am Main (Germany), August 18, 2011, with the participation of Tom Campbell, Pierluigi Chiassoni, Imer B. Flores, Noam Gur, Eerik Lagerspetz, and Roger Shiner. In the meantime, Jorge Fabra, approached Waluchow with similar proposals and was redirected to Flores, with whom he joined forces calling for submissions to this volume as guest editors. It is worth to mention that the Discussion is inaugurated with a biographical and bibliographical memo filled of refer- ences by Matthew H. Kramer and a more personal note full of anecdotes by Wilfrid J. Waluchow, in which the last stu- dent supervised by H. L. A. Hart re-tells some of the stories that depict his supervisor, mentor, friend and inspiration. The Discussion also includes the revised papers that both Himma and Waluchow presented both in the International Conference on Legal Philosophy hosted by the Graduate Program in Law at UNAM in Acatlán, one of the campus in the Metropolitan Area of Mexico City, and in the Discussion Seminar “Problema” organized by the Legal Research Insti- tute at UNAM, in the main campus, and also a reply from Himma to Waluchow. In addition, the volume incorporates the revised versions of the papers presented in the Special Workshop, and other papers submitted by Keith Culver and Michael Giudice, Pavlos Eleftheriadis, Giorgio Pino, Dan Priel, and Fabio P. Schecaira. As editors of this Discussion we are very pleased with the result and hope that the reader will enjoy the articles col- lected in this volume, which by the by contains original contributions. Most of them reconsidering the place of Hart’s The Concept of Law in Legal Theory and Philosophy (Campbell, Lagerspetz, Priel, and Schecaria); some pointing to the virtues of Hart’s methodology (Chiassoni, Culver and Giudice, Eleftheriadis, and Waluchow); and still others de- veloping critical reassessments of his main thesis (Flores, Gur, Himma, Pino and Shiner). Finally, we are extremely grateful to all the contributors for their enthusiasm that made possible this little homage to the “aristocracy of our intellect”.