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- Can Mental Health Professionals Predict Judicial Decisionmaking Constitutional and Tort Liability Aspects of the Right of the Institutionalized Mentally Disabled to Refuse Treatment (1)
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Articles 1 - 20 of 20
Full-Text Articles in Law
The Refugee Demonstration Project, Joint Committee On Refugee Resettlement
The Refugee Demonstration Project, Joint Committee On Refugee Resettlement
California Joint Committees
No abstract provided.
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Eurocacy And Distrust: Some Questions Concerning The Role Of The European Court Of Justice In The Protection Of Fundamental Human Rights Within The Legal Order Of The European Communities, Joseph H.H. Weiler
Washington Law Review
Protection of individual rights has been a central feature of much of the judicial review by supreme courts in Western countries in the postwar era. Concepts such as individual dignity and privacy, as well as more classical notions of liberty and equality before the law, have been the standard repositories of constitutional interpretation by courts reviewing governmental legislation and administrative action. The concept and practice of judicial review have penetrated, albeit in a limited way, even legal cultures which for long have resisted, such as Britain and France. I Indeed, judicial review in general and the protection of individual rights …
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Antioch Law Journal
Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
Michigan Law Review
A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart
An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa
An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa
Penn State International Law Review
This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.
Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole
Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole
Penn State International Law Review
This Comment will discuss whether an international human right to food can exist and, if so, whether Ethiopians have a right to be fed by their government given the circumstances of the current famine. An overview of Ethiopia's political and social environment will be followed by an examination of international human rights law as it is reflected in treaties, international agreements, and the customs and practices of states.
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile
Vanderbilt Journal of Transnational Law
Serious internal obstacles also block adequate realization of civil and political rights in Africa. The colonial legacy, rising popular expectations for a better life, subversion from abroad and the absence of strong national cohesion will engender political instability in African political systems that give free rein to the exercise of civil and political rights. Moreover, even if one assumes a democratic political system would be viable politically, that system may succumb to demands for increased consumption rather than promote adequate investment in infrastructure. In either event, democratic political systems will tend to be unstable, with the result that economic development …
Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder
Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder
Law Faculty Articles and Essays
The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
Walters V. National Association Of Radiation Survivors: Disabled Veterans' Right To Counsel Denied, 19 J. Marshall L. Rev. 773 (1986), Tom Minnick
UIC Law Review
No abstract provided.
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
Scholarly Works
The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …
Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker
Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker
NYLS Journal of Human Rights
No abstract provided.
Judicial Failure To Enforce Human Rights Legislation: An Alternative Analysis Of Crockett V. Reagan, Mark P. Gibney
Judicial Failure To Enforce Human Rights Legislation: An Alternative Analysis Of Crockett V. Reagan, Mark P. Gibney
NYLS Journal of Human Rights
No abstract provided.
The Use And Effectiveness Of Economic Sanctions Against Nations That Violate Human Rights: Can The United States Force Reform On South Africa, R. Blair Thomas
The Use And Effectiveness Of Economic Sanctions Against Nations That Violate Human Rights: Can The United States Force Reform On South Africa, R. Blair Thomas
NYLS Journal of Human Rights
No abstract provided.
Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus
Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus
NYLS Journal of Human Rights
No abstract provided.
Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth
Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman
Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman
Articles & Chapters
No abstract provided.
Kennan And Human Rights, Gordon A. Christenson
Kennan And Human Rights, Gordon A. Christenson
Faculty Articles and Other Publications
This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.
An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley
An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley
Scholarly Works
The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …