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Articles 1 - 30 of 52
Full-Text Articles in Entire DC Network
Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter
Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter
Journal Articles
This Article argues that states must desist from and be held accountable for the ongoing practices of denying refugees due process and denying humanitarian groups the rights to freely associate and freely exercise their religion in assisting refugees.
The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna
The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna
Notre Dame Journal of International & Comparative Law
Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol to the Convention on Cybercrime, …
A Catholic Response To Global Climate Change Migration, Michael S. Talbot
A Catholic Response To Global Climate Change Migration, Michael S. Talbot
Notre Dame Journal of International & Comparative Law
This Article examines Catholic Social Teaching’s approach to the challenges of human migration and environmental refugees. By juxtaposing the inadequacies of current international frameworks for protecting environmental migrants with previous sources of Catholic Social Teaching, this Article speculates on the possible moral argument to be made by the Church in support of efforts to fill a gap in the international legal framework around climate change induced migration. Ultimately, the Paper speculates that such an argument would include three components: (1) a broadening of the definition of refugee, (2) a recognition of our interconnected and interdependent lives, and (3) the expectation …
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh
Notre Dame Journal of International & Comparative Law
The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should …
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg
Notre Dame Journal of Law, Ethics & Public Policy
Penetrating the minds and souls of alleged terrorists while still upholding the constitution, federal law, and the human rights obligation to treat the suspects with dignity and without torture or cruel, inhuman, and degrading treatment was not the immediate objective for high-ranking American officials and military interrogators in the early years following the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. Although the United States was a party to the Geneva Conventions (GC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT)—all three …
Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell
Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell
Journal Articles
This article outlines the case for a business duty of care to exercise human rights due diligence, judicially enforceable in common law countries by tort suits for negligence brought by persons whose potential injuries were reasonably foreseeable. A parent company’s duty of care would extend to the human rights impacts of all entities in the enterprise, including subsidiaries. A company would not be liable for breach of the duty of care if it proves that it reasonably exercised due diligence as set forth in the Guiding Principles on Business and Human Rights. On the other hand, a company’s failure to …
International Legal Protections For Migrants And Refugees: A Response To Father Brennan, Mary Ellen O'Connell
International Legal Protections For Migrants And Refugees: A Response To Father Brennan, Mary Ellen O'Connell
Journal Articles
Father Brennan’s Essay, “Human Rights and the National Interest: The Case Study of Asylum, Migration, and National Border Protection,” is a complex legal and ethical analysis of refugee law. This Commentary focuses on one aspect of the international law relevant to the Essay, namely, state obligations to migrants. Father Brennan’s main argument that migrants and refugees may be turned back, so long as the action respects human rights law, is consistent with the human right to life. Justly stopping migrants and refugees requires states to stop them before they enter either international waters or the state’s territorial waters. Further, Father …
Grounding Human Rights In Natural Law, John M. Finnis
Grounding Human Rights In Natural Law, John M. Finnis
Journal Articles
Of the published reviews of Natural Law and Natural Rights, one of the most, and most enduringly, influential was Ernest Fortin's review-article "The New Rights Theory and the Natural Law" (1982). The present essay takes the occasion of that review's latest republication to respond to its main criticisms of the theory of natural law and natural or human rights that is articulated in Natural Law and Natural Rights. The response deals with a number of fundamental or strategically important issues: the freedom of thought and/or the intellectual autonomy and integrity of work within an intellectual tradition that overlaps with a …
The Environmentalist Attack On Environmental Law, John Copeland Nagle
The Environmentalist Attack On Environmental Law, John Copeland Nagle
Journal Articles
This essay reviews two books written by leading scholars that express profound dissatisfaction with the ability of environmental law to actually protect the environment. Mary Wood’s “Nature’s Trust: Environmental Law for a New Ecological Age” calls for “deep change in environmental law,” emphasizing the roles that agency issuance of permits to modify the environment and excessive deference to agency decisions play in ongoing environmental destruction. Wood proposes a “Nature’s Trust” built on the public trust doctrine to empower courts to play a much more aggressive role in overseeing environmental decisionmaking. In “Green Governance: Ecological Survival, Human Rights, and the Law …
Our Men In Guadalajara And The Abduction Of Suspects Abroad: A Comment On United States V. Alvarez-Machain, John Quigley
Our Men In Guadalajara And The Abduction Of Suspects Abroad: A Comment On United States V. Alvarez-Machain, John Quigley
Notre Dame Law Review
No abstract provided.
Contemporary Developments In The International Protection Of The Rights Of Minorities, Hurst Hannum
Contemporary Developments In The International Protection Of The Rights Of Minorities, Hurst Hannum
Notre Dame Law Review
No abstract provided.
Legality Of The Threat Or Use Of Nuclear Weapons: Environmental And Humanitarioan Limits On Self-Defense, Timothy J. Heverin
Legality Of The Threat Or Use Of Nuclear Weapons: Environmental And Humanitarioan Limits On Self-Defense, Timothy J. Heverin
Notre Dame Law Review
No abstract provided.
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Notre Dame Law Review
No abstract provided.
Church, State, And International Human Rights: A Theological Appraisal, David M. Smolin
Church, State, And International Human Rights: A Theological Appraisal, David M. Smolin
Notre Dame Law Review
No abstract provided.
Human Rights Talk... And Self-Determination, Too, Manuel Rodriguez-Orellana
Human Rights Talk... And Self-Determination, Too, Manuel Rodriguez-Orellana
Notre Dame Law Review
No abstract provided.
New Bully On The Class Action Block -- Analysis Of Restrictions On Securities Class Actions Imposed By The Private Securities Litigation Reform Act Of 1995, Eugene Zelensky
Notre Dame Law Review
No abstract provided.
A Natural Law Manifesto Or An Appeal From The Old Jurisprudence To The New, Hadley Arkes
A Natural Law Manifesto Or An Appeal From The Old Jurisprudence To The New, Hadley Arkes
Notre Dame Law Review
An essay is presented on teaching and practice of natural law by judges, lawyers, and professors of philosophy and its affect on people living in the U.S. The author discusses an appeal made from the old jurisprudence which relied on natural law to the new one that has been resistant to natural law. He relates the differences in jural perspective of jurists with the protection of human rights.
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
Journal Articles
This book chapter traces the history of the Catholic Church's relationship to the modern state, focusing on the idea of sovereignty and the development of human rights and democracy. It argues that the Catholic Church's relationship to human rights and democracy in the modern world can only be understood as reflective of both a historical convergence and a persistent tension and ambivalence. The first part argues for this dual theme in the development of Catholic doctrine, where today, as over the past several centuries, the Church's conception of the common good yields both an embrace of human rights and democracy …
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Journal Articles
This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …
Seductive Drones: Learning From A Decade Of Lethal Operations, Mary Ellen O'Connell
Seductive Drones: Learning From A Decade Of Lethal Operations, Mary Ellen O'Connell
Journal Articles
The world’s fleets of unmanned combat vehicles (UCVs) are growing exponentially. This contribution aims to raise awareness that the very existence of UCV technology may well be lowering the inhibitions to kill. At least two sets of data indicate a problem: First, we have evidence from psychological studies that killing at a distance using unmanned launch vehicles may lower the inhibition to kill on the part of operators. Second, we have a decade of evidence of US presidents deploying military force where such force was unlikely to be used prior to the development of UCVs. This evidence indicates that the …
State Action And Corporate Human Rights Liability, Curtis A. Bradley
State Action And Corporate Human Rights Liability, Curtis A. Bradley
Notre Dame Law Review
No abstract provided.
A Pirate Looks At The Twenty-First Century: The Legal Status Of Somali Pirates In An Age Of Sovereign Seas And Human Rights, Michael Davey
A Pirate Looks At The Twenty-First Century: The Legal Status Of Somali Pirates In An Age Of Sovereign Seas And Human Rights, Michael Davey
Notre Dame Law Review
No abstract provided.
The Unwelcome Cohort: When The Sentencing Judge Invades Your Bedroom, Elizabeth M. Bux
The Unwelcome Cohort: When The Sentencing Judge Invades Your Bedroom, Elizabeth M. Bux
Notre Dame Law Review
No abstract provided.
Democracy And International Human Rights Law, John O. Mcginnis, Ilya Somin
Democracy And International Human Rights Law, John O. Mcginnis, Ilya Somin
Notre Dame Law Review
No abstract provided.
International Human Rights Law And Security Detention, Douglass Cassel
International Human Rights Law And Security Detention, Douglass Cassel
Journal Articles
This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …
The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford
The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford
Journal Articles
For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or norm cascades), and norm internalization. As such, constructivism treats international law as a dynamic process in which norm entrepreneurs interact with state actors …
Arbitrating Human Rights, Roger P. Alford
Arbitrating Human Rights, Roger P. Alford
Journal Articles
Corporate liability for human rights abuses is one of the most important developments in current international law and practice. With the advent of human rights litigation against corporations, there is now the prospect of a deep-pocket defendant that is complicit in grave human rights abuses, subject to personal jurisdiction, and not immune from suit. Indeed, if a corporation is accused of "aiding and abetting" human rights abuses, this is all but a concession that the corporate actor is not the principal wrong-doer. It is of course possible that this controversial trend toward corporate responsibility may reflect a genuine concern about …
Arbitrating Human Rights, Roger P. Alford
Corporate Aiding And Abetting Of Human Rights Violations: Confusion In The Courts, Douglass Cassel
Corporate Aiding And Abetting Of Human Rights Violations: Confusion In The Courts, Douglass Cassel
Journal Articles
This article explores whether transnational corporations or their executives can be held criminally or civilly liable for aiding and abetting human rights violations committed by governments, militaries or other actors in foreign countries where they do business. The article particularly examines the mens rea element under international law: whether the aider or abettor must knowingly—or instead purposefully—assist the principal to commit a crime. At present, the principal concern of major corporations about liability for aiding and abetting is the risk of being held liable in U.S. courts under the Alien Tort Statute. But whatever happens with ongoing ATS litigation, the …