American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

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Current index to legal periodicals

ity between and within each country, the former allows the rich in both poor and rich countries to “intermingle” in the calculation of global inequality, which is then fully decomposable into the between and within country components. What the survey data show is that global inequality first increased between 1988 and 1993 and then decreased from 1993 to 1998, reflecting the stagnation of poor rural areas of China and India in the first period, and the slight catching up of poor rural areas in the second period. Furthermore, Milanovic shows that previous attempts at capturing this type of inequality reach conflicting conclusions regarding the trend, which in turn reflect different assumptions and data sources, most of which bias the calculated results downward. The final section discusses the future of global inequality, and what can be done to redress it. Where previous studies express confidence in a declining global inequality trend, Milanovic is less confident, suggesting that we can be certain only that inequality is high. Furthermore, since the trend depends heavily on the performance of one country— China, predictions about future trends are speculative at best. Milanovic is certain about two things. First, global inequality is immoral. Second, redistribution is possible and would be both moral and efficient to the development of humanity as a whole.

Human Rights and Gender Violence: Translating International Law into Local Justice:

Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.Keywords: Charter; General Assembly; Security Council; United Nations

The Charter of the United Nations

The gender-agenda is borderless. Arguably, legal justice for Indigenous girls and women survivors of violence is unfair, inequitable, and sometimes arbitrary. Systematic violence against girls and women pervades cultures and societies; operates at three main levels: institution and state, structural and cultural, and community and individual; and manifests in myriad shapes, forms and categories. Systematic violence in this research comprises historical, colonial and contemporary aspects of violence and its impact on Indigenous girls and women. Unlike comparative studies, this research is founded on heuristic arguments derived from validating the formation, establishment and continuity of the voices of Indigenous peoples in Liberia and Australia. While many studies isolate ‘gender-based violence’ and the ‘rule of law’ in separate contexts, none has explored the extent to which the Western concept of the rule of law impacts systematic violence against Indigenous girls and women in Australia and post-war Liberia. The research assesses the efficacy of the ‘rule of law’ in dispensing justice to Indigenous girls and women who have suffered systematic gender-based violence. The scope of the research demands a comprehensive and complex systematic empirical approach that draws on the principles of phenomenology, community-based participatory research, and feminist and Indigenous methods. The study adopts an interdisciplinary mixed-methods approach informed by theories of decolonization, feminist jurisprudence, intersectionality, critical legal/race studies, and social determinants of health. Data is drawn from case law, secondary data, empirical evidence, textual/content analysis, electronic mailing and informal participant observation. Over a period of two years, a survey of 231 social service providers working with Indigenous girls and women; in-depth interviews with 29 Indigenous Women Advocates; and 22 informal email exchanges with male colleagues were conducted in both Australia and Liberia. Statistical analyses were carried out on records of 127 708 convicts to Australia; 14 996 former slave returnees to Liberia; 2701 sexual and gender-based violence cases reported to the Ministry of Gender, Children and Social Protection in Liberia; seven case files from the Sexual and Gender-based Crimes Unit in Liberia; and 1200 interview entries from the Longitudinal Study of Indigenous Children in Australia. This analysis of historical documents, jurisprudence and case studies triangulates a philosophical inquiry intended to migrate issues of violence against Indigenous girls and women from the margins of complex socio-legal structures towards the core of Western-centric perspectives, such as the rule of law. Situated between dominant academic conventions and resistance, the research provokes readers to consider ontological, epistemological and ethical arguments regarding access to justice outcomes for Indigenous girls and women. Contrary to the research hypothesis and despite socioeconomic differences between Australia and Liberia, findings show that: although the principle of the rule of law is an emancipatory tool for justice and redress generally, it can also be an apparatus for persistent systematic violence against Indigenous girls and women. Furthermore, the intersection of colonial history, race, gender, class and social status exacerbates the ongoing perpetration of institutional/state, structural/cultural and interpersonal/community violence against Indigenous girls and women. In conclusion, the research recommends adopting a holistic approach to educating girls and women and encouraging boys and men to participate equally in the gender justice agenda, to ensure justice for Indigenous girls and women. The research also suggests incorporating diverse and comprehensive conceptual and methodological frameworks into further research. Finally, throughout the work, this dissertation attempts to give agency to Indigenous ways of being, knowing and doing justice.

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Systematic Gender Violence and the Rule of Law: Aboriginal Communities in Australia and Post-War Liberia

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism

In a book which offers a unique range of perspectives on the development of South Africa's Interim and final Constitutions, scholars, practising lawyers, members of the judiciary and the Human Rights Commission, and political leaders illuminate the many issues of process, substance and context presented by the Constitutions. Essays on process make clear the challenges and the triumphs of South Africa's constitutional rebirth. The authors examine such questions as the extent of popular involvement in South Africa's exercise in constitution writing, the impact of political force, human transformation, and reasoned persuasion on the agreements that were reached, and the Constitutional Court's extraordinary role in assessing the negotiators' efforts. Contributions on the substance of the Constitution address both its human rights provisions and issues of governmental structure and institutional context. The articles on rights attest to the breadth of the new rights protections, with essays on free speech, socio-economic rights and their application to private actors, women's rights, traditional authority, cultural rights, and the rights of non-citizens. Chapters on structure and context reflect how important the institutions through which a government operates are to the actual implementation of the Constitution's aspirations. These wide-ranging pieces look at three of the newly created structures of South African government - the federal aspects of the Constitutions, the Constitutional Court, and the Human Rights Commission - and at the process of change in the criminal justice system, a particularly important institution carried over from an old order.

The post-apartheid constitutions : perspectives on South Africa's basic law

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violence against Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ in significant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part of the Article refers to the advantages or possibilities, on the one hand, and the limitations on the other, of the utilization of international human rights law and policy by Aboriginal women to confront these questions in a satisfactory manner. Part V of the Article peruses some local efforts by Aboriginal women to stem violence. Included is a brief reference to some approaches adopted by Black women in South Africa. The Article's conclusion suggests that these local programs and projects, buttressed by a global human rights discourse that is more accessible than ever before, are far more likely to deal with the issue of violence comprehensively and satisfactorily.

Violence Against Aboriginal Women in Australia: Possibilities for Redress within the International Human Rights Framework

It was a cold winter night in 1989 in a Central Australian Aboriginal community. Although late, muted sounds of fighting could still be heard coming from the camps. Suddenly the screams of a woman rent the air as she ran towards the nurses' quarters and hammered desperately on the locked gate. Blood poured down her face and her left arm hung limp and broken. In close pursuit was a man brandishing a star picket. As the nurse struggled to open the gate to admit the woman, at the same time excluding her attacker, she noticed the woman's T-shirt. Emblazoned across the front was the statement: `We have survived 40,000 years.' Yes, but will they survive the next 40, she wondered.(1) For Australia's indigenous population there is a desperate struggle for survival; cultural, physical, and economic. For Aboriginal(2) women, the struggle for physical survival has taken on a greater urgency. The violence to which Aboriginal women are subjected has reached epidemic proportions, and it has been argued that it constitutes a continuing violation of human rights.(3) The problem of violence against Aboriginal women incorporates an array of factors: race, gender, the after effects of colonialism, the minority status of Aboriginal people, the unequal access to societal resources, and consequent unequal development of Aboriginal communities. In addition, addressing this problem demands an appreciation of the differing roles and status of Aboriginal people, ranging from a separate or fringe community to an integrated part of Australian society. This great variety of factors complicates considerably the analysis of the issue of violence against Aboriginal women, because it involves an interplay of all these factors. All social and economic indicators suggest that Aborigines are the most disadvantaged Australians.(4) Within Aboriginal communities, women fare the worst.(5) This is despite the fact that the role of Aboriginal women was significant in both the public and private spheres of Aboriginal society.(6) Our knowledge of violence against Aboriginal women has until recently been quite precarious; this subject has been taboo for many reasons, some obvious. Aboriginal women have been reluctant to expose conflict within their communities to outside scrutiny which might not always be sympathetic. They have perceived that such exposure runs the risk of further denigration of their communities from the larger white society.(7) White feminists have been reluctant to engage this issue, for fear of accusations of prioritizing sexism over racism or for creating divisions within Aboriginal communities, and for fear of accusations of perpetuating the stereotype of the predatory and violent Aboriginal male.(8) However, recent reports, which I shall refer to throughout this Article, suggest that the statistics of violence against Aboriginal women require urgent attention.(9) They indicate that Aboriginal women are at far greater risk of being the victims of homicide, rape, and other assaults than non-Aboriginal women.(10) A consequence of the limited knowledge of violence against Aboriginal women is the scant public attention or education directed to this issue.(11) Moreover, statistics concerning efforts by Aboriginal women to organize against violence is also quite sparse.(12) So too is a thorough assessment of whether the nature and extent of violence against Aboriginal women is increasing, decreasing or taking other forms.(13) The issues discussed in this Article come with the caveat that there is no intention to portray Aboriginal women as hapless and pathetic victims who exert no agency over their lives. Katherine Burbank vividly describes the resistance of Aboriginal women to violence, and their refusal to submit to victimhood.(14) The issues raised highlight the relentless violence that has been an integral part of the colonial experience, and the havoc it continues to wreak on the indigenous communities, and particularly indigenous women. …

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This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws and policies of apartheid were comprehensive, not only in enforcing rigid racial segregation, but also in racializing gender. Section Three focuses on the Constitution and outlines the myriad of ways this document details comprehensive rights for women both in the public and the private spheres. This section demonstrates how the South African Constitution, in particular its section on equality, has been described as one of the most impressive human rights documents of the twentieth century. Specifically, the Constitution details rights expansively and comprehensively, while its inclusion of sweeping rights for women satisfies South Africa's international legal obligations. Section Four of this article focuses on two cases regarding women's rights decided by the Constitutional Court, arguing that South Africa's evolving constitutional jurisprudence demonstrates a deep commitment by the highest courts to eradicate odious discrimination against women. Section Five analyzes the lobbying efforts of women's organizations during the transitional period to ensure that women's rights were incorporated into the new Constitution. In addition, this section analyzes how these lobbying efforts resulted in significant formal gains as reflected in the Constitution. This article concludes by assessing some of the remaining obstacles to attaining women's equality despite the significant advancements made thus far.

From Gender Apartheid to Non-Sexism: The Pursuit of Women's Rights in South Africa

This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in South Africa to curb violence against women. This paper concludes by focusing on the possibilities and limitations of the law in eradicating violence against women, and argues that a comprehensive approach involving institutions other than the law would ultimately be more fruitful.

Penelope Andrews

Papers

The post-apartheid constitutions : perspectives on South Africa's basic law

Violence Against Aboriginal Women in Australia: Possibilities for Redress within the International Human Rights Framework

Violence Against Aboriginal Women in Australia: Possibilities for Redress within the International Human Rights Framework

From Gender Apartheid to Non-Sexism: The Pursuit of Women's Rights in South Africa

Violence Against Women in South Africa: The Role of Culture and Limitations of the Law