This essay will deal with the issues unresolved by the 1969 Vienna Convention on the Law of Treaties (VCLT), reservations and declarations to human rights treaties. In fact, declarations to treaties were left out entirely from the scope of the VCLT. This article will also analyse in depth the genera...
MORE>>
An employer faces a dilemma after an employee makes a discrimination complaint: Does the employer walk on eggshells, avoiding any business action that might affect the complaining employee, or does the employer proceed with business as usual and run the risk of a retaliation compl...
MORE>>
In January 2005, parents from a small town named Sutter, California, an hour north of acramento, sent a letter to the offices of the American Civil Liberties Union (ACLU) of Northern California. Their daughters had come home from their public middle school with new identification ...
MORE>>
1 State Duties of Protection in the Constitutional State
1.1 The Concept of Duties of Protection
Duties of protection are duties of the state to protect certain legal interests of its citizens. In particular, they cover the interests of life, health, freedom and property; they do, however, als...
MORE>>
It is trite to say that the adjudication of socio-economic rights is a new enterprise in South African jurisprudence, as it is to the jurisprudence of many other jurisdictions. Professor van Rensburg’s paper seeks to analyse the influence of political, socio-economic and cultural...
MORE>>
In answering the question of how judges should approach unconscious discrimination claims, scholars ignore a practical solution to this problem: by putting the burden on the firm to reduce the incidence of unconscious bias ex ante, as opposed to putting the burden on the employee of prov...
MORE>>
This comment examines the recent line of federal circuit court of appeals cases that unanimously bar telecommunications companies from enforcing section 253 of the Telecommunications Act of 1996 (the Act) through suits brought under 42 U.S.C. § 1983. It begins by analyzing the cases pre...
MORE>>
Class action arbitrations are a relatively recent phenomenon in the United States, but the number of such arbitrations is expanding at a rapid rate. As of August 2008, the American Arbitration Association (“AAA”) has administered 246 class action arbitrations and Judicial Arbitration and Mediati...
MORE>>
In this paper, the object of my attention is the HBO television production, Deadwood.[1] In this highly acclaimed series, NYPD Blue’s[2] creator, David Milch, both drew on and disrupted the genre of the American Western, generating fans in both popular and scholarly circles.[3] The series, part hi...
MORE>>