Columbia Law Review最新文献_第10页

The Constitution as Family Arbiter: A Moral in the Mess? 宪法作为家庭仲裁者:混乱中的道德?

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-05-24 DOI: 10.2307/1123825

J. Dolgin

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引用次数: 17

OVERLEGALIZING HUMAN RIGHTS: INTERNATIONAL RELATIONS THEORY AND THE COMMONWEALTH CARIBBEAN BACKLASH AGAINST HUMAN RIGHTS REGIMES 人权过度合法化:国际关系理论和英联邦加勒比地区对人权制度的反弹

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-05-20 DOI: 10.2307/1123662

L. Helfer

{"title":"OVERLEGALIZING HUMAN RIGHTS: INTERNATIONAL RELATIONS THEORY AND THE COMMONWEALTH CARIBBEAN BACKLASH AGAINST HUMAN RIGHTS REGIMES","authors":"L. Helfer","doi":"10.2307/1123662","DOIUrl":"https://doi.org/10.2307/1123662","url":null,"abstract":"This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand why, in the late 1990s, three Commonwealth Caribbean governments denounced human rights treaties and withdrew from the jurisdiction of international tribunals. I refer to these events as the Caribbean backlash against human rights regimes. My study of this backlash has two objectives. The first is to show how overlegalizing human rights can lead even liberal democracies to reconsider their commitment to international institutions that protect those rights. The second objective is to assess three competing international relations theories that seek to explain the conditions under which states comply with their treaty commitments. To provide a more persuasive analysis of these issues, the article includes empirical data analyzing changes in the filing and review of international human rights petitions against Caribbean governments during the 1990s.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2002-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1123662","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68284054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 123

Protecting 'the Wastes of the Foreshore': The Federal Navigational Servitude and its Origins in State Public Trust Doctrine 保护“前海岸废弃物”:联邦航行役地及其在州公共信托原则中的起源

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-05-07 DOI: 10.2307/1123827

Benjamin H. Longstreth

引用次数: 1

Juvenile (In)Justice: Congressional Attempts to Abrogate the Procedural Rights of Juvenile Defendants 少年司法:国会试图废除少年被告的诉讼权利

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-05-01 DOI: 10.2307/1123650

J. A. Arteaga

引用次数: 4

Sex, Procreation, and the State Interest in Marriage 性、生育和婚姻中的国家利益

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-05-01 DOI: 10.2307/1123651

Laurence Drew Borten

引用次数: 11

The Thirteenth Amendment and Slavery in the Global Economy 第十三修正案与全球经济中的奴隶制

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-05-01 DOI: 10.2307/1123649

T. Wolff

{"title":"The Thirteenth Amendment and Slavery in the Global Economy","authors":"T. Wolff","doi":"10.2307/1123649","DOIUrl":"https://doi.org/10.2307/1123649","url":null,"abstract":"The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches.I begin that reexamination here. In this article, I analyze the history of slavery and the slave trade in America in order to identify the principles that lie at the core of the Thirteenth Amendment's eradication of those practices. I describe how the Court has translated these core principles into a new industrial context once before, in response to the rise of domestic peonage arrangements in the nineteenth and early twentieth centuries. I then offer a model for translating these same core principles into the emerging context of the global economy and, in the process, lay the foundation for a more modern and salient Thirteenth Amendment jurisprudence.","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2002-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1123649","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68283913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

'It's Snowing Down South': How to Help Mothers and Avoid Recycling the Sameness/Difference Debate “南方下雪了”:如何帮助母亲，避免重复相同/差异的争论

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-04-01 DOI: 10.2307/1123761

Joan C. Williams

引用次数: 10

Love and Work: A Response to Vicki Schultz's Life's Work 爱与工作:对维姬·舒尔茨《毕生事业》的回应

IF 2.9 2区社会学

Columbia Law Review Pub Date : 2002-04-01 DOI: 10.2307/1123763

Martha M. Ertman

引用次数: 5

To Have but Not to Hold: Can "Resistance against Kidnapping" Justify Lethal Self-Defense against Incapacitated Batterers? 拥有而非持有:“抵抗绑架”能证明对无行为能力的殴打者进行致命自卫的正当性吗?