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Introduction: Framing Economic, Social, And Cultural Rights, Martha F. Davis
Introduction: Framing Economic, Social, And Cultural Rights, Martha F. Davis
Martha F. Davis
This paper introduces a Symposium issue of the Northeastern University Law Journal devoted to Framing Economic, Social and Cultural Rights for Mobilization and Advocacy: Towards a Strategic Agenda in the United States. Papers in this Symposium issue include Redemptive and Rejectionist Frames: Framing Economic, Social and Cultural Rights for Advocacy and Mobilization in the United States, by Katherine G. Young; The 99% Solution: Human Rights and Economic Justice in the United States, by Dorothy Q. Thomas; Economic and Social Rights in the United States: Implementation Without Ratification, by Gillian MacNaughton and Mariah McGill; Framing Economic, Social and Cultural Rights at …
International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis
International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis
Martha F. Davis
No abstract provided.
Occupy Wall Street And International Human Rights, Martha F. Davis
Occupy Wall Street And International Human Rights, Martha F. Davis
Martha F. Davis
This article employs a human rights lens to examine the extreme economic inequality targeted by Occupy Wall Street (OWS). First, I look at the fundamental question of whether such economic inequality constitutes a human rights violation. To analyze that question, I begin by examining the extent to which poverty has been deemed to raise international human rights concerns, finding that international human rights institutions have generally addressed poverty by focusing on the ways in which poverty frustrates the exercise of substantive and procedural human rights. I then use a similar lens to examine the issue of economic inequality, concluding that …
Human Rights And The Model Rules Of Professional Conduct: Intersection And Integration, Martha F. Davis
Human Rights And The Model Rules Of Professional Conduct: Intersection And Integration, Martha F. Davis
Martha F. Davis
The American Bar Association’s Model Rules of Professional Conduct nowhere mention human rights as either a means or an end to ethical lawyering. The origins and history of the modern ABA Code, framed at a time when the ABA leadership was hostile to universal human rights norms, suggest possible explanations for this omission as an initial matter. But the Model Rules are frequently revised, and the ABA is now a leader in the promulgation and implementation of human rights worldwide. Still, the model ethics rules remain silent on human rights. State ethics codes, largely drawn from the ABA model, are …
Human Rights In The Trenches: Using International Human Rights Law In "Everday" Legal Aid Cases, Martha F. Davis
Human Rights In The Trenches: Using International Human Rights Law In "Everday" Legal Aid Cases, Martha F. Davis
Martha F. Davis
No abstract provided.
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Martha F. Davis
Traditionally, states and the federal government maintained an "upstairs, downstairs" relationship when it came to global affairs, with states serving in the background role as the downstairs members of the national household. However, the traditional federal-state relationship in the international affairs arena is increasingly unworkable as states become more and more transnationally active. This is particularly true in the area of human rights implementation, where states have both used their own policies to associate with human rights movements worldwide and have incorporated human rights norms into their own state laws. Federal courts' approach to human rights implementation, however, has failed …
The Spirit Of Our Times: State Constitutions And International Human Rights, Martha F. Davis
The Spirit Of Our Times: State Constitutions And International Human Rights, Martha F. Davis
Martha F. Davis
States have a direct responsibility to implement the U.S.'s international obligations in many areas governed by existing human rights treaties. This responsibility is drawn from the nature of federalism, the U.S. Constitution and from states' own constitutions. In light of the relatively populist structure of state governmental institutions, this implementation may be appropriately accomplished by state courts as well as the political branches of state governments. International law has a particularly important role to play in this process, particularly when courts construe states' affirmative constitutional grants - for example, for public health, education or welfare - that have no federal …
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
Martha F. Davis
This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …