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The Security Council and the Use of Force Theory and Reality - A Need for Change?
No full textThis book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.https://commons.law.famu.edu/faculty-books/1043/thumbnail.jp
Introduction: Africa: Mapping New Boundaries in International Law
No full textAfrica is a market place, not a basket case. African states, intergovernmental organizations, and civil society institutions have contributed to the evolution of the corpus of international law by confirming the existence of norms through formal and informal law-making processes and have been fashioning new regimes through state practice and treaty-making. To paraphrase the theme of this annual meeting, the meaning, impact, and relevance of international law in Africa arc the focus of public and private attention as never before. Unlike in any other period in modern African history, African states are re-examining the content and operation of international law, demonstrating that in Africa, and hence the world, international law is substantially shifting. The purpose of this panel is to examine the extent to which African state practice and treaty law developments have contributed to mapping new boundaries in international law. At the heart of the panel lies the need for a historical corrective and puncturing of the inherent Eurocentric bias in modern international law. In other words, the panel challenges predominant notions in legal academia that the nations of the Western hemisphere are solely to be credited with originating and spurring the law de lege lata and de lege fernda. Indeed, Europe has made novel contributions to classical and modern international law; however, the contemporary logic of morality found in much of the modem international natural law philosophy has been shaped by internal and external responses to the dynamics of African state systems since decolonization
The Ultimate Best Interest of the Child Enures from Parental Reinforcement: The Journey to Family Integrity
Get PDFMost Americans agree that we are in the midst of a dangerous decline in moral and religious values that threatens the very foundation of our society. The facts are clear: marriage as a social institution is threatened and child well-being is affected. Part II of this Article traces the best interest of the child doctrine. Part III examines what the legally recognized rights of parents have been in the past and shows how those rights have been threatened or altogether eradicated in the best interest of the child. Part IV evaluates the opposing positions of both parental rights advocates and children\u27s rights advocates. Part V discusses the problems encountered when the debate becomes polarized and presents proposals directed at strengthening families. Part VI presents suggestions for strengthening the proposed Senate Bill 984: The Parental Rights and Responsibilities Bill, in light of preserving family integrity with the best interests of the parents, children, and family as a unit. Part VII proffers a proposed bill on preserving family integrity
Jubilee
Get PDFThis essay chronicles the work and celebrates the achievements of blacks and others who lived in and escaped the thralldom of white supremacy
Entertainment Law: Cases and Materials on Film, Television, and Music
No full textThis law school casebook provides insight into the entertainment industry and teaches law students how to protect the rights of entertainers. Leading directors, screenwriters, musicians, artists, and several others discuss the impact of the law or social issues on their work. The book also includes essays submitted by experts on particular cases, such as the OJ Simpson trial and the New Kids on the Block litigation and features chapters on “Globalization of The Entertainment Industry” and “The Devil Media Made Me Do It”—claims of industry responsibility for tortious and violent behavior.https://commons.law.famu.edu/faculty-books/1018/thumbnail.jp
Brown Did Not Fail America, America Failed Brown
Get PDFIt is my belief that the failure of Brown v. Board of Education and the continuing problem of race in America stems from the fact that America never took ownership of the promise of Brown, and instead, viewed the decision purely in terms of desegregation, as opposed to integration. Consequently, integration has remained a concept instead of an action item. Implicit in this notion of desegregation is the idea that the races sit next to one another, while the concept of integration carries with it a much heavier burden. It appears that the races have never made a personal investment in each other and thereby have fallen short of meeting the high standard that true integration demands
One of These Things is Not Like the Other: Analogizing Ageism to Racism in Employment Discrimination Cases
Get PDFThe development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as similar to African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers
