Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (7)
- American University Washington College of Law (5)
- University of Michigan Law School (3)
- University of Georgia School of Law (2)
- Chapman University (1)
-
- Columbia Law School (1)
- Duke Law (1)
- Golden Gate University School of Law (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Penn State Law (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- UIC School of Law (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Mexico (1)
- University of Pennsylvania Carey Law School (1)
- University of the District of Columbia School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Human rights (9)
- Human Rights Law (4)
- International law (4)
- Treaties (3)
- Women (3)
-
- Civil rights (2)
- Crimes (2)
- Discrimination (2)
- Equality (2)
- Extradition (2)
- Freedom (2)
- Gender and law (2)
- Human Rights (2)
- Human rights law (2)
- International Law (2)
- International criminal law (2)
- International human rights (2)
- Jurisdiction (2)
- Jurisprudence (2)
- Legal Theory (2)
- Natural Law (2)
- Sanctions (2)
- Treaty ratification (2)
- America (1)
- Americans With Disabilities Act (1)
- Amnesty and Pardon (1)
- Bill of Rights (1)
- Book review (1)
- Capital punishment (1)
- Civil liberties (1)
- Publication
-
- Vanderbilt Journal of Transnational Law (7)
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Scholarship (5)
- Michigan Journal of International Law (3)
- Publications (2)
-
- Scholarly Works (2)
- All Faculty Scholarship (1)
- Articles (1)
- Articles & Book Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Brian Slattery (1)
- Faculty Articles and Other Publications (1)
- Journal Articles (1)
- LLM Theses and Essays (1)
- Law Faculty Articles and Research (1)
- Penn State International Law Review (1)
- UIC Law Review (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn
Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn
Scholarly Works
This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.
International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi
International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi
Penn State International Law Review
No abstract provided.
Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel Ii
Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel Ii
Washington and Lee Law Review
No abstract provided.
Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill
Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill
Vanderbilt Journal of Transnational Law
The 1980s will go down in history as the Decade of Democracy. Latin America, Europe, and even parts of Africa saw remarkable gains in political pluralism and individual freedoms, but nowhere was this more pronounced than in central and eastern Europe and the Balkans.
As Timothy Garton Ash chronicled in his inspiring essays, The Magic Lantern, the movements of a people from totalitarianism to freedom were remarkably peaceful. Once started, the speed was breathtaking. This dash toward freedom is epitomized in Ash's quip made famous by playwright, turned President, Vaclav Havel: "In Poland it took ten years, in Hungary ten …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
JAPANESE CRIMINAL JUSTICE
By A. Didrick Castberg
New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.
THE INTERNATIONALIZATION OF HUMAN RIGHTS
By David P. Forsythe
Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.
FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall
Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.
ROMAN LAW AND COMPARATIVE LAW
By Alan Watson
Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00
THE U.S. CONSTITUTION AND FOREIGN POLICY
By Victoria Marie Kraft
New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.
Book Review, Bert B. Lockwood Jr.
Book Review, Bert B. Lockwood Jr.
Faculty Articles and Other Publications
The authors have made the advancements in the science of forensic anthropology achieved in these cases understandable to the lay audience and they have done so in a book that is difficult to put down once opened.
Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow
Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow
Michigan Journal of International Law
This paper, through a case study of financial sanctions against South Africa, demonstrates that it is possible to design a development-oriented financial sanctions strategy against any country that violates the human rights of its citizens and in which government regulations, including exchange controls, result in foreign-owned financial assets being trapped in the target country. This strategy will both deprive the perpetrators of the human rights violations of new funds and will help redirect the blocked funds into activities that are designed to promote the political and socioeconomic development of the victims of the human rights abuses. The means for identifying …
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Michigan Journal of International Law
This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
A Reply To Professor Nino, Diane Orentlicher
A Reply To Professor Nino, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum
Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum
Publications
In this Article, the author examines ways that legal aid advocacy organizations in the U.S. can utilize international human rights doctrine and procedures to advance the interests of poor and marginalized Americans in domestic and foreign venues. This is a sympathetic account of some of the efforts undertaken by legal services lawyers in this burgeoning field of law. The first section briefly describes the history and structure of the quasi-public legal aid programs funded by the Legal Services Corporation (LSC). Section two details practical reasons why attorneys may want to look to international instruments or forums to achieve their clients' …
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Exporting The American Bill Of Rights: The Lesson From Romania, Ronald D. Rotunda
Exporting The American Bill Of Rights: The Lesson From Romania, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Fighting The War On Drugs In The "New World Order": The Ker-Frisbie Doctrine As A Product Of Its Time, Kirk J. Henderson
Fighting The War On Drugs In The "New World Order": The Ker-Frisbie Doctrine As A Product Of Its Time, Kirk J. Henderson
Vanderbilt Journal of Transnational Law
This Note analyzes the United States policy of abducting fugitives from abroad to stand trial when an asylum nation refuses an extradition request. The United States has justified this so-called "snatch" authority under the century-old Ker-Frisbie Doctrine. Pursuant to this doctrine, the Supreme Court has refused to examine the means by which a person has been brought before a court. In 1974, however, the United States Court of Appeals for the Second Circuit created a narrow exception that would bar jurisdiction if an accused proved acts of torture, but no defendant has ever met this standard.
Since Ker and Frisbie …
Human Rights In The World Court, Stephen M. Schwebel
Human Rights In The World Court, Stephen M. Schwebel
Vanderbilt Journal of Transnational Law
In this Article, Judge Schwebel reviews the cases of the International Court of Justice and its predecessor, the Permanent Court of International Justice, that have substantial human rights implications. He observes that, while the World Court is not a human rights court in the contemporary sense of that term, since standing in contentious cases is limited to States, it nevertheless has constructively dealt with a number of important issues of human rights, as in its early holding that individuals may be the direct beneficiaries of treaty rights.
The Court has played a notable role in promoting the protection of human …
Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper
Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper
Vanderbilt Journal of Transnational Law
Major Lepper examines an apparent irreconcilability between the NATO Status of Forces Agreement (SOFA) and the European Convention on Human Rights (ECHR) as reflected in the recent Dutch High Court decision of Short v. The Kingdom of the Netherlands. Staff Sergeant Short, a member of the United States Air Force, was charged with the murder of his wife. Under the SOFA, the Netherlands was obligated to surrender Short to the United States. It refused, basing its actions on its adherence to the ECHR and its concerns about the possible implementation of the death penalty in the United States.
The ECHR …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Taxation in the People's Republic of China
By Jinyan Li
New York, New York: Praeger Publishers, 1991. Pp. 208. $49.95.
============================
Liberating the Law: Creating Popular Justice in Mozambique
By Albie Sachs and Gita Honwana Welch
Atlantic Highlands, New Jersey: Zed Books, 1990. Pp. 132. $55.00.
=============================
International Fugitives: A New Role for the International Court of Justice
By Barbara M. Yarnold
New York, New York: Praeger Publishers, 1991. Pp. 168. $37.95.
================================
Effective Lobbying in the European Community
By James N. Gardner
Boston, Massachusetts: Kluwer Law and Taxation Publishers,1991. Pp. xix, 162. $45.00.
================================
European Human Rights Law
By …
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
Faculty Scholarship
Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.
Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow
Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper explores the lessons to be learned from the South African debt crisis of the mid-1980s and suggests ways in which it could have been used to promote human rights changes in apartheid South Africa.
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman
UIC Law Review
No abstract provided.
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Vanderbilt Journal of Transnational Law
This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Articles & Book Chapters
This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Articles
No abstract provided.
The Big Mac Attack: A Critical Affirmation Of Mackinnon's Unmodified Theory Of Patriarchal Power, Alexandra Z. Dobrowolsky, Richard F. Devlin Frsc
The Big Mac Attack: A Critical Affirmation Of Mackinnon's Unmodified Theory Of Patriarchal Power, Alexandra Z. Dobrowolsky, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
For several years now, Catharine MacKinnon has impressed and inspired us in that she has consistently and eloquently articulated much of what we felt and feared: that the condition of women in North American society is intoler able; that the state, because of its acts and omissions, is complicitous in the enforced inequality of women; and that law, more often than not, has been part of the problem rather th.an part of the solution. However, despite our broad agreement with the general direction of MacKinnon 's analysis throughout this period, we each have had, in our own different ways, a …
The Black Surrogate Mother, Anita L. Allen
The Black Surrogate Mother, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Simple Justice: Humanitarian Law As A Defense To Deportation, Jennifer Moore
Simple Justice: Humanitarian Law As A Defense To Deportation, Jennifer Moore
Faculty Scholarship
Each year, thousands of persons fleeing situations of military conflict in their home countries are denied refuge in the United States. These denials result in part from an asylum adjudication process that requires applicants to show that they are persecuted on an individualized basis, rather than that they fear generalized conditions of violence. Jennifer Moore explores the development of the humanitarian law defense to deportation, which seeks to compel immigration courts to recognize and apply international humanitarian law. Part I describes the evolution of the humanitarian law argument in immigration courts. Part II considers the relationship between humanitarian law and …
Lesbian And Gay Rights As Human Rights: Strategies For A United Europe, Laurence R. Helfer
Lesbian And Gay Rights As Human Rights: Strategies For A United Europe, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan
Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan
LLM Theses and Essays
The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Indigenous Rights Norms In Contemporary International Law, S. James Anaya
Publications
No abstract provided.
A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez
A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.