Digital Commons Network^™

Privacy And The Press: The Impact Of Incorporating The European Convention On Human Rights In The United Kingdom, Les P. Carnegie

Duke Journal of Comparative & International Law

No abstract provided.

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper

Michael D. Cooper, Esq.

This short article, written for an audience of U.S. based social science teachers, reviews the historical circumstances surrounding the drafting of the Universal Declaration of Human Rights, which the United Nations General Assembly adopted on December 10, 1948. The narrative focuses attention on the negotiating process and, in particular, Eleanor Roosevelt’s role as Chair of the U.N. Commission on Human Rights, which drafted the landmark document.

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …

The Development Of United Nations Mechanisms For The Protection And Promotion Of Human Rights, Elsa Stamatopoulou

Washington and Lee Law Review

No abstract provided.

The Mid-Life Crisis Of The Universal Declaration Of Human Rights, Hilary Charlesworth

Washington and Lee Law Review

No abstract provided.

New Challenges For The American Lawyer In International Human Rights, Susan L. Karamanian

Washington and Lee Law Review

No abstract provided.

The Future Of International Human Rights: An Introduction To The Conference Papers, Frederic L. Kirgis

Washington and Lee Law Review

No abstract provided.

International Law And Abolition Of The Death Penalty, William A. Schabas

Washington and Lee Law Review

No abstract provided.

The Right Of Self-Determination In The Twenty-First Century, Hurst Hannum

Washington and Lee Law Review

No abstract provided.

Human Rights In The United States Courts: The Role Of Lawyers, Steven M. Schneebaum

Washington and Lee Law Review

No abstract provided.

Challenges To The Future Of Civil And Political Rights, Dinah Shelton

Washington and Lee Law Review

No abstract provided.

Contending With Culture: An Analysis Of The Female Genital Mutilation Act Of 1996, Erika Sussman

Cornell International Law Journal

No abstract provided.

Carter Center Symposium On The Death Penalty, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri

Law Faculty Publications

Muslims take spirituality very seriously and would be willing to put up with a great deal of pain and suffering rather than abandon this fundamental disposition. Additionally, many Muslims have an intuitive belief that it is not religion which is at fault, but those in power. Consequently, they continue to search for the spiritually acceptable solution. In the meantime, Western NGOs offer no more than lightly-modified Western secular solutions, sometimes thinly disguised with religious rhetoric.

Predicting The Effect Of Italy's Long-Awaited Rape Law Reform On "The Land Of Machismo", Amy J. Everhart

Vanderbilt Journal of Transnational Law

In 1996, the Italian Parliament enacted a new rape law, replacing a law written in 1936 under the direction of Fascist-era leader Benito Mussolini. While the old law classified rape as a crime against public morality, the new law declares it a crime against the person. That it took sixty years to reform the law is a reflection of Italy's long history of subordinating its women. That the law has finally been reformed is a reflection that those women have united to change that attitude. This Note discusses the history of the rape law in Italy and the role of …

The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks

ILSA Journal of International & Comparative Law

International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.

Challenges For An Independent Asian Human Rights Commission, Bina D'Costa

ILSA Journal of International & Comparative Law

While there exists a solid body of principles and a wide-ranging and growing number of institutions currently working to promote and protect human rights in Asia, there have unfortunately been few consolidated regional efforts for legal enforcement against violations. An Asian Human Rights Commission is the most logical and sought after body for this purpose.

Reconsidering The Israeli Courts' Application Of Customary International Law In The Human Rights Context, Leonard M. Hammer

ILSA Journal of International & Comparative Law

Discussions regarding the problem of identifying customary international law have essentially focused on two principal issues.

Pleadings And Authorities, Arden

ILSA Journal of International & Comparative Law

Under customary international law, criminal defendants have a fundamental right to a fair trial.

The French Refere Procedure And Conflicts Of Human Rights, Wallace R. Baker, Patrick De Fontbressin

Syracuse Journal of International Law and Commerce

The purpose of this article will be to ascertain to what extent Pierre Drai' s prediction has been realized. We examine cases where the ref ere procedure has been used in private human rights disputes where one party seeks to limit the right of freedom of the press or expression by claiming such right has been used illegally or in an abusive way. We will not deal with human rights violations by member states.

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …

Ireland's Divorce Bill: Traditional Irish And International Norms Of Equality And Bodily Integrity At Issue In A Domestic Abuse Context, Anthony T. Barnes

Vanderbilt Journal of Transnational Law

On November 24, 1995, the Irish population voted to ease Ireland's constitutional ban on divorce by means of a constitutional amendment. The new amendment and the bill that effectuates it give Irish citizens a limited legal right to end their marriages for the first time in Ireland's history. The limits surrounding Irish divorce consist of a significant waiting period, a living-apart requirement, and a slant toward mediation.

This Note explores the predicaments of abused spouses and the unique risks that Ireland's divorce limitations pose to spousal abuse victims seeking to end their marriages. This Note argues that the limitations of …

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Looking Past The Human Rights Committee: An Argument For De-Marginalizing Enforcement, Makau Wa Mutua

Journal Articles

No abstract provided.

Customary International Law, S. James Anaya

Publications

No abstract provided.

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

Journal Articles

Article by Martin Rhonheimer, translated by Paolo G. Carozza.

Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.