Suchergebnisse

1. Perspectives on human rights advocacy in China -- 2. Quests for justice and legal advocacy in Chinese history -- 3. The place of rights advocacy in 'the system' -- 4. Courtroom advocacy -- 5. Bureaucratic control of the legal profession -- 6. Relationship with the security apparatus -- 7. Resistance and wider legal and political advocacy -- 8. Stability, reform and rights advocacy.

This Article is part of the University of Miami Law Review's Leading from Below Symposium. It canvasses prisoners' lawyers' strategies prompted by the 1996 Prison Litigation Reform Act ("PLRA"). The strategies comply with the statute's limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation's millions of prisoners. After Part I's introduction, Part II summarizes in several charts the PLRA's sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and situations in which courts continue to play a role. Part III looks at three methods by which plaintiffs and defendants can jointly obtain injunctive--type relief in prison cases—by crafting stipulations that comply with the PLRA's constraints, by structuring the relief as a conditional dismissal, or by setting up the possibility of state-court enforcement. Part IV examines plaintiffs' coping methods for the PLRA's provisions that ease the path to termination of decrees, whether litigated or by consent. Two types of preparation for a termination motion have emerged: First, the parties sometimes agree to stretch out the remediation period more than the PLRA's default two years. Second, plaintiffs have worked to ensure that they are collecting sufficient information to inform their potentially hurried response to a termination motion. It is my hope that the examples presented below can help counsel and judges in prisoners' rights cases thread the needle that the PLRA presents. More theoretically, the examples demonstrate that litigation tactics and procedures are dynamic—that rule changes affect the parties' bargaining positions but rarely eliminate bargaining altogether.

The recognition of animals as sentient beings in the Treaty on the Functioning of the European Union (TFEU) gave rise to expectations as to real concern and care for animal welfare and a balance of human-animal interests. However, both the EU-legislation and the Finnish animal protection legislation is based on an animal welfare paradigm, meaning that animals have a weak legal status compared to humans that makes it impossible to de facto balance human and animal needs and interests in an effective manner from an animal point of view. The weak legal status of animals in the hierarchy of norms in the Finnish legal system contributes to the continuation of the oppression and exploitation of animals. The Finnish Animal Rights Lawyers Society have therefore made a proposal to strengthen animals' legal status by including animals in the Finnish Constitution (FC) by safeguarding animals' certain fundamental rights, thereby providing tools for balancing of human-animals interests. This article focuses on the re-evaluation of animal protection from an animal and constitutional point of view.

Civil rights lawyers were handmaidens of change who worked in the back rooms during twentieth-century America's era of profound social upheaval. Kent Spriggs, a noted lawyer of the period, gathers stories of legal maneuvers and memories of racial injustices from 26 voices--white and black, male and female, Northern-born, and Southern-born--many of whom share their own defining moments as civil rights lawyers. This collective perspective adds depth to the history of the era and its window on the legal and extralegal activities that occurred away from the actual protest venues. The framing materials place civil rights litigation into the context of major events from the 1960s, and the concluding section reflects on contemporary relevancies and continuing legacies

The recognition of animals as sentient beings in the Treaty on the Functioning of the European Union (TFEU) gave rise to expectations as to real concern and care for animal welfare and a balance of human-animal interests. However, both the EU-legislation and the Finnish animal protection legislation is based on an animal welfare paradigm, meaning that animals have a weak legal status compared to humans that makes it impossible to de facto balance human and animal needs and interests in an effective manner from an animal point of view. The weak legal status of animals in the hierarchy of norms in the Finnish legal system contributes to the continuation of the oppression and exploitation of animals. The Finnish Animal Rights Lawyers Society have therefore made a proposal to strengthen animals' legal status by including animals in the Finnish Constitution (FC) by safeguarding animals' certain fundamental rights, thereby providing tools for balancing of human-animals interests. This article focuses on the re-evaluation of animal protection from an animal and constitutional point of view.

This article first studies the 2015 crackdown on human rights lawyers in China and the context in which the crackdown took place. It then analyses the development of three types of human rights lawyers since 2011—the weiquan (rights protection) lawyers, the sike (die-hard) lawyers and the gongyi (public interest) lawyers—the interaction among them and the challenge they pose to the authoritarian governance. Finally, the article proposes three likely scenarios for human rights lawyering in China. (J Contemp China/GIGA)