140 research outputs found
Humanity\u27s Law: Rule of Law for the New Global Politics
This Article proposes that international law is undergoing a paradigm shift, which will have significant implications for foreign affairs. A dramatic expansion of legal machinery, institutions, and processes is occurring in the international sphere. Now, more than ever before foreign policy decision-making occurs in the shadow of the law. The conception of a new rule of law is at stake; appropriate to the present state of global politics, as it aims to manage heightened political conflict and violence through law. The impact of the juridical paradigm shift is primarily discursive. The expanded legal discourse represented by the present international human rights system contributes a rhetoric that both enables and constrains politics; but whose constructive potential is not infinitely malleable. Understanding this paradigm shift requires new interpretive principles, which is the larger project for which this Article lays the foundation
Debating Conviction Against Conviction — Constitutional Considerations on the Sanctuary Movement
No Laughing Matter: The Controversial Danish Cartoons Depicting the Prophet Mohammed, and Their Broader Meaning for the Europe’s Public Square
Humanity’s Law: Rule of Law for the New Global Politics
This Article proposes that international law is undergoing a paradigm shift, which will have significant implications for foreign affairs. A dramatic expansion of legal machinery, institutions, and processes is occurring in the international sphere. Now, more than ever before foreign policy decision-making occurs in the shadow of the law. The conception of a new rule of law is at stake; appropriate to the present state of global politics, as it aims to manage heightened political conflict and violence through law. The impact of the juridical paradigm shift is primarily discursive. The expanded legal discourse represented by the present international human rights system contributes a rhetoric that both enables and constrains politics; but whose constructive potential is not infinitely malleable. Understanding this paradigm shift requires new interpretive principles, which is the larger project for which this Article lays the foundation
Bringing Transitional Justice Home: President Obama\u27s Dilemma about the Past Administration\u27s Human Rights Abuses -- What is to be Done, and Who\u27ll be the Judge?
“Bringing Transitional Justice Home: President Obama’s Dilemma about the Past Administration’s Human Rights Abuses — What is to be Done, and Who’ll be the Judge?” FindLaw.com (2008)
Cite to original publication
Postmodernist Architectures in the Law of Religion Symposium: New Directions in Religious Liberty
Book Review of War Crimes: Brutality, Genocide, Terror, and the Struggle for Justice by Aryeh Neier
What Is a Human Right - Universals and the Challenge of Cultural Relativism
ModeratorPaul Dubinsky New York Law School
Panelists Jeremy Waldron Columbia Law School
Tracy Higgins Fordham Law School
Michel Rosenfeld Cardozo Law School
Ruti Teitel New York Law Schoo
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