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Albany Law Review articles from December 2003
A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro
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Albany Law Review archives from December 2003
Torture, extraterritoriality, terrorism, and international law.(Torture: Paradigms, Practices, and Policies)
December 22, 2003... INTRODUCTION
Since September 11th, 2001, there has been a growing debate over the desirability of loosening international and constitutional prohibitions against torture in the "war" against terrorism. (1) This paper critically appraises...
Reconceptualizing domestic violence in international law.(Torture: Paradigms, Practices, and Policies)
December 22, 2003... INTRODUCTION
And yet I fear you, for you're fatal then When your eyes roll so. Why I should fear I know not, Since guiltiness I know not, but yet I feel I fear. (1)
This is the fact. Every day, throughout the world, women are...
Torture as a crime under international law.(Torture: Paradigms, Practices, and Policies)
December 22, 2003... Torture has been widely practiced during the entire recorded history of humankind. For example: to obtain information about the enemy or enemy strategies in situations of armed conflict; (1) in criminal justice systems to invite a confession;...
"What we have seen has been terrible": public presentational torture and the communicative logic of state terror. (Torture: Paradigms, Practices, and Policies)
December 22, 2003... INTRODUCTION
What we have seen has been terrible: burned corpses, women impaled and buried as if they were animals ready for the spit, all doubled up, and children massacred and carved up with machetes. The women too, murdered like Christ....
The Torture Victim's Protection Act, the Alien Tort Claims Act, and Foucault's archaeology of knowledge.(Michel Foucault)(Torture: Paradigms, Practices, and Policies)
December 22, 2003... I. INTRODUCTION
To understand the basis for any governmental action sanctioning torture, whether in tort or in criminal law, one must not only understand the legal issues involved, but also the societal and historical events which gave...
Moral universes of Brazilian torturers.(Torture: Paradigms, Practices, and Policies)
December 22, 2003... I. INTRODUCTION
In 1993, a research team under my leadership began studying state sponsored--and encouraged--torture and assassinations during Brazil's period of military rule, 1964-1985. Violence Workers, the book that resulted from this...
Torture, identity, and indigenous peoples: individual and collective rights.(Torture: Paradigms, Practices, and Policies)
December 22, 2003... Marginalization and identity come to the forefront when we consider the plight of indigenous peoples as targets of torture. In general, indigenous peoples were and still are the first to be marginalized when issues of an essentially political...
Keynote address.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... I am pleased and honored to give the keynote address for this important conference. I am particularly pleased to associate myself with the Robert H. Jackson Program in International and Comparative Law. (1) Robert H. Jackson, as most of you...
Constitutional claims for gender equality in South Africa: a judicial response.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... I. BACKGROUND
In South Africa, the history of colonialism and apartheid rule has resulted in a significant overlap of race and poverty. Because poverty and inequality are so strongly gendered, the most disadvantaged and marginalized in our...
Engendering development/marketing equality.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... INTRODUCTION
In a recent policy research report, Engendering Development: Through Gender Equality in Rights, Resources, and Voice, (1) the World Bank lays out a new "market-centered" approach to gender equality. Engendering Development is...
Mail-order brides in a global world.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... I. INTRODUCTION
One's first impression upon visiting the mail-order bride ("MOB") web sites and reading the catalogues is of personal ads for singles in the age of globalization. (2) The growing solitude of adults who have gone through...
Women's human rights and the conversation across cultures.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... I. INTRODUCTION
My presentation will examine the vision of women's rights and equality as outlined in the Convention on the Elimination of All Forms of Discrimination Against Women, "CEDAW". (1) The presentation will raise some of the...
Globalizing law and culture: towards a cross-constitutive paradigm.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... Good afternoon. It is a pleasure and honor to be here today. I want to thank Professors Patricia Reyhan and James Gathii for their kind invitation to participate in this most exciting conference. Thank you also to Dean Thomas Guernsey, without...
Affirmations and ambiguities: some thoughts on women and agency.(Globalization and Comparative Family Law: A Discussion of Pluralism, Universality and Markets)
December 22, 2003... I hope my remarks will essentially constitute an invitation to interrogate a certain incongruity between interventions to stimulate the wealth of nations and the avalanche of women into poverty. As the consciousness about the implications of...