DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW

Marriage and Divorce Conflicts in International Perspective

The Restatement (Second) of Conflict of Laws (1971) covers a broad range of family law topics. However, since 1971, there have been significant changes in family law in the United States and abroad, mostly concerning divorce, equitable distribution of property, and same-sex marriage.

Banning Burqas: The Perspective of Postsecular Comparative Law

The author examines not so much whether burqa bans are legal, but rather focuses on what they symbolize, ie as exercises in national identity-building based on differentiation. The author proposes a model he calls postsecular comparative law - expanded comparative law that creates space for religious laws as objects of comparison. It its focus on religious laws, postsecular comparative law can help bring to the fore essential differences between state law and religious law, while also demonstrating underappreciated similarities.

Does Gender Specificity in Constitutions Matter?

Lucas examines the impact of constitutional provisions that grant and protect rights for women in promoting gender equality. She focuses on the experiences of Canada and Colombia, both who adopted an enforcement mechanism for their women's rights protection clauses. She argues that three lessons can be drawn from the case studies. First, drafters should continue to include women's protection clauses in constitutions. At minimum, protection clauses do not have a negative effect on women's rights, and rather ensure appropriate legal protection. Second, the format of women's

The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine

The author argues that the prohibition of rape in international humanitarian law has become a fundamental norm of jus cogens. He begins by providing an overview of the defining elements of a rule of jus cogens. The author then attempts to clarify the legal status of rape under international humanitarian law as he argues that state law and practice, international conventions, and international and regional judicial decisions indicate the existence of a jus cogens norm prohibiting rape and sexual violence.