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Rethinking The History Of American Freedom, Michael J. Klarman Oct 2000

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.


Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss Oct 2000

Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss

Washington Law Review

The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed the …


The Access To Justice Bill And Human Rights Act Of 1998: Britain's Legislative Overhaul Leaves The System Scrambling To Mend The Safety Net, Margot Penfold Schoenborn Sep 2000

The Access To Justice Bill And Human Rights Act Of 1998: Britain's Legislative Overhaul Leaves The System Scrambling To Mend The Safety Net, Margot Penfold Schoenborn

Buffalo Human Rights Law Review

No abstract provided.


The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver Jun 2000

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …


Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman Apr 2000

Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Human Rights In Transition-- Freedom From Fear, Dorothea Beane Apr 2000

Human Rights In Transition-- Freedom From Fear, Dorothea Beane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Defending Humanity, Peter Cicchino Jan 2000

Defending Humanity, Peter Cicchino

Human Rights Brief

No abstract provided.


Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent Jan 2000

Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent

Vanderbilt Journal of Transnational Law

This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …


Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons Jan 2000

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons

Florida State University Journal of Transnational Law & Policy

No abstract provided.


News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh Jan 2000

News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh

Human Rights Brief

No abstract provided.


Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant Jan 2000

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …