Emory International Law Review

Volume 26Issue 1
Recent Developments

State Interference in the Internal Affairs of Religious Institutions

Johan D. van der Vyver | 26 Emory Int'l L. Rev. 1 (2012)

On September 8, 2011, a labor court in Germany decided that the dismissal of the medical superintendant at a Catholic hospital was unlawful. The Catholic Church discharged the doctor following his civil divorce and his remarriage. Because the Church does not recognize the validity of a divorce from marriage, it did not recognize the legality of the doctor's second marriage and therefore condemned him for being engaged in an extramarital (adulterous) relationship with his second wife. The doctor contested the legality of his dismissal under the labor laws of Germany and brought suit against the Church before the labor court.

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Establishing a Third Gender Category in Nepal: Process and Prognosis

Michael Bochenek, Kyle Knight | 26 Emory Int'l L. Rev. 11 (2012)

In December 2007, the Supreme Court of Nepal issued a groundbreaking verdict in favor of sexual and gender minorities. The decision in Pant v. Nepal quickly became famous for declaring full, fundamental human rights for all “sexual and gender minorities”—lesbian, gay, bisexual, transgender, and interest (“LGBTI”) citizens.

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Constitutionality of U.S. Participation in the United Nations-Authorized War in Libya

Jordan J. Paust | 26 Emory Int'l L. Rev. 43 (2012)

In March 2011, President Barack Obama decided that the United States would participate with other members of North Atlantic Treaty Organization (“NATO”) in the use of military force in Libya authorized by the United Nations (“UN”) Security Council in Resolution 1973, which “[a]uthorizes Member States . . . to take all necessary measures . . . to protect civilians and civilian populated areas under threat of attack in” Libya.

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Protecting the Reproductive Rights of Children and Young Adults with Disabilities: the Roles and Responsibilities of the Family, the State, and Judicial Decision-Making

Trynie Boezaart | 26 Emory Int'l L. Rev. 69 (2012)

Angela was an eleven-year-old girl with Rett’s Syndrome, a progressive neurological disorder that results in severe intellectual and physical impairment and epilepsy. Angela could not talk and had “neither the coordination or the mental faculties to be able to use sign language.” She acted “as a three month-old baby would.”

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