
Reparations
for Indigenous Peoples: International and Comparative Perspectives
By
Frederico Lenzerini
Oxford, New York: Oxford University Press, 2008
K3247.R47
2008
From
the Publisher
The volume brings together a group of renowned legal experts
and activists from different parts of the world who, from
international and comparative perspectives, consider the right
of indigenous peoples to reparations for breaches of their
individual and collective rights.
The first part of the book is devoted to general aspects
of this important question, providing a comprehensive assessment
of the relevant international legal framework and including
overviews of the topic of reparations for human rights violations,
the status of indigenous peoples in international law and
the vision of reparations as conceived by the peoples concerned.
The second part embraces a comprehensive investigation of
the relevant practice at the international, regional, and
national level, including some pertinent, in-depth case-studies,
offering a comparative perspective on the ways in which the
right of indigenous peoples to reparation is realized worldwide.
The contributions forming the second part also examine the
best practices for granting effective reparations, according
to the ideologies and expectations of the communities concerned.
The final chapter prescribes the best practices and strategies
to be adopted in order to maximize concrete opportunities
for indigenous peoples to obtain effective redress.
About
the Author
Federico Lenzerini holds a doctorate in international
law from the University of Siena. He is a lecturer of European
Union law and research fellow in international law at the
University of Siena. He has been a member of the Italian delegation
in international negotiations concerning the protection of
cultural heritage carried out under the auspices of UNESCO.
In addition to international protection of cultural heritage,
his main areas of concern are international human rights,
asylum law, rights of indigenous peoples, international environmental
law and international trade.
Additional
Information Online
Demystifying
Legal Reasoning
By
Larry Alexander and Emily Sherwin
New York: Cambridge University Press, 2008
K213.A425
2008
From
the Publisher
Demystifying Legal Reasoning defends the proposition that
there are no special forms of reasoning peculiar to law. Legal
decision makers engage in the same modes of reasoning that
all actors use in deciding what to do: open-ended moral reasoning,
empirical reasoning, and deduction from authoritative rules.
This book addresses common law reasoning when prior judicial
decisions determine the law, and interpretation of texts.
In both areas, the popular view that legal decision makers
practice special forms of reasoning is false.
About
the Authors
Professor Lawrence Alexander is the Warren Distinguished
Professor of Law at the University of San Diego School of
Law where he teaches and writes in the areas of constitutional
law, criminal law and jurisprudence. The author of over 150
scholarly articles, Alexander is also the author of Is There
a Right of Freedom of Expression? (Cambridge University Press)
and co-author (with Professor Paul Horton) of Whom Does the
Constitution Command? (Greenwood Press). Alexander serves
on the editorial boards of the journals Ethics and Law &
Philosophy, and he is co-editor of the international quarterly
Legal Theory.
Emily Sherwin is professor of law at Cornell University School
of Law. Professor Sherwin specializes in jurisprudence, property,
and remedies. She is the author (with Larry Alexander) of The Rule of Rules:
Morality, Rules, and the Dilemmas of Law (Duke University
Press 2001). She has published numerous book chapters, articles,
and reviews in her subjects of specialty. She is a member
of the advisory committee for the ALI's Restatement (Third)
of Restitution and Unjust Enrichment.
Additional
Information Online
Justice
Across Borders: The Struggle for Human Rights in U.S. Courts
By
Jeffrey Davis
Cambridge; New York: Cambridge University Press, 2008
KF1309.5.D38
2008
From
the Publisher
Justice Across Borders studies the struggle to enforce international
human rights law in federal courts. It examines attempts by
human rights groups to use the law to enforce human rights
norms and explains the separation of powers issues arising
when victims sue the United States or when the United States
intervenes to urge dismissal of a claim. The author also analyzes
the controversies arising from attempts to hold foreign nations,
foreign officials, and corporations liable under international
human rights law. While Davis’s analysis is driven by
social science methods, its foundation is the dramatic human
story from which these cases arise.
About
the Author
Jeffrey Davis, J.D., Ph.D. is Associate Professor of Political Science at the University of Maryland, Baltimore
Additional
Information Online
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