The Insanity Defense: Nine Myths that Will Not Go Away
In: The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies (Mark D. White, Editor; Praeger, 2016 Forthcoming)
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In: The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies (Mark D. White, Editor; Praeger, 2016 Forthcoming)
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In: Washington and Lee Law Review, Band 73, Heft 2016
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In: Proceedings of the annual meeting / American Society of International Law, Band 109, S. 75-77
ISSN: 2169-1118
In: Journal of policy and practice in intellectual disabilities: official journal of the International Association for the Scientific Study of Intellectual Disabilities, Band 10, Heft 2, S. 96-98
ISSN: 1741-1130
AbstractHuman rights are arguably the most significant political force shaping the life experience of people with disability. The United Nations Convention on the Rights of Persons with Disabilities sets the standard at an international level, creating both positive and negative rights, and calls upon member states of the United Nations (UN) to develop policies and enact programs to safeguard and progress these rights for people with disabilities. However, without some means of enforcement, UN conventions and national policies can amount to little more than political rhetoric. The paper reviews legal mechanisms and processes established in various regions of the world to enforce the human rights of people with disability. The author examines the role of litigation in upholding the rights of individuals and of groups and critiques the proposed facilitators and barriers to the establishment and effective operation of regional human rights tribunals. Evidence from case law demonstrates that national courts can be powerful forces in mandating the practical implementation of international law. However, litigation in these jurisdictions appear most evident and effective where there has been a body of law established by regional commissions; such as The European Court on Human Rights, The Inter‐American Commission on Human Rights, and The African Commission on Human Rights. The United Nations Convention on the Rights of Persons with Disabilities is, potentially, the single most transformative legal initiative affecting persons with disabilities. However, it is unlikely that it will have any significant impact in Asia and the Pacific because of the absence of a regional court or commission in that area of the world. The creation of a Disability Rights Tribunal for Asia and the Pacific offers a solution to this dilemma.
In: Nova Law Review, 2013, Forthcoming
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In: Crime and Criminal Justice in Asia (Kim & Liu eds., 2013)
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In: International Journal of Law and Psychiatry (2013)
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In: Michigan State University College of Law Journal of Medicine and Law, 2013, Forthcoming
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In: Texas Tech Law Review, Band 45
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In: NYLS Legal Studies Research Paper No. 12/13 #53
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In: 20 PSYCHIATRY, PSYCHOL. & L. 462 (2013)
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In: NYLS Legal Studies Research Paper No. 12/13 #37
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In: Penn State Law Review, 2013
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