UC Berkeley
Law
Within the rich, interdisciplinary field that studies law and social movements, the focus has been on movements that advanced rights-based claims on behalf of historically marginalized groups; surprisingly little attention has been paid... more
Within the rich, interdisciplinary literature on law and social movements, scholarly attention has often focused on how the civil rights movement, and other movements that share a resemblance to it, have mobilized law; less attention has... more
Palestinian refugees make up the largest refugee population in the world, yet humanitarian diplomacy with regards to these refugees has been lacking since the start of the creation of the refugee problem. Even early on, many Western... more
This is one of the various graffiti art that decorate the walls of Palestinian refugee camps in Jordan. One theme is consistent: Return to the homeland is a sacred right. The passage of time has not weakened this right, and no alternative... more
Article 1D of the 1951 Refugee Convention singles out individuals who receive aid from UN agencies, and specifically applies to Palestinian refugees receiving aid from the UN Refugee and Works Agency (UNRWA). While Article 1D was first... more
Many states have responded to mass influxes of refugees fleeing generalized violence and war by setting up ad hoc and/or temporary protection regimes. These regimes have had various degrees of success, depending particularly on the length... more
While customary human rights law and the major human rights treaties prohibit discrimination based on national origin, many States do discriminate, particularly during the detention of asylum-seekers. This paper examines two separate... more
Many states have responded to mass influxes of refugees fleeing generalized violence and war by setting up ad hoc and/or temporary protection regimes. These regimes have had various degrees of success, depending particularly on the length... more
Can a faith-based approach encourage states to provide greater protection for those seeking refuge and asylum? In response to the fleeing of Syrian refugees to Turkey, Turkish President Recep Tayyip Erdogan stated numerous times that the... more
Author(s): Bastaki, Jinan | Abstract: Article 1D of the 1951 Refugee Convention singles out individuals who receive aid from UN agencies, and specifically applies to Palestinian refugees receiving aid from the UN Refugee and Works Agency... more
This background paper provides a basis and framework for understanding the forced displacement occurring in Gaza as a result of the current Israeli assault. In addition to the devastating death toll (current Israeli assault over 9,000... more
Laundering activity is the prime activity in thisfin de si~le-the laundering of a dirty history, of dirty money, of corrupt consciousness, of the polluted planetthe cleansing of memory being indissolubly linked to the-hygienic-cleansing... more
- by Jesse Morgan
The Mohists develop the concept of yi 義 to denote what is morally right in a normative sense. We argue that this concept has, as one of its necessary conditions, a requirement to not harm others. Additionally, we will show that the... more
A longstanding orthodoxy holds that the Mohists regard the promotion of li (benefit, 5 2 2 9) as their ultimate normative criterion, meaning that they measure what is yi (just, 7 F A 9) or buyi (unjust, 4 E 0 D 7 F A 9) depending on... more
Penultimate draft. Published version here: https://www.lexisnexis.com.au/en/products-and-services/lexisnexis-journals/current-issues/australian-journal-of-labour-law-volume-30-part-3 Abstract: This paper examines the challenge of... more
Visa Kurki’s A Theory of Legal Personhood is an exciting new volume in the Oxford Legal Philosophy series that successfully undertakes the ambitious project its title promises. It offers a workable and unifying account of legal personhood... more
Karl Llewellyn's critique of the canons of statutory interpretation led to a decline in their use for several decades. His critique, however, faced sustained resistance from some corners of the academy and the judiciary. Although this... more
This paper argues that an AI judge is conceptually undesirable and not just something that lies beyond the state of the art in computer science. In a nutshell, even if an AI system could accurately predict how a good human judge would... more