Law Commons^™

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.

Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders

University of Arkansas at Little Rock Law Review

No abstract provided.

Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Crimes Against Humanity: The Struggle for Social Justice by Geoffrey Robertson. New York: The New Press, 1999 (revised 2002). 658pp.

What Have We Learned From The Wars Of The Twentieth Century?, Winston Langley

New England Journal of Public Policy

Relative deprivation (RD) and its associated twin, the “othering” of human groupings, together became the root cause of the wars of the twentieth century. By examining the thirty-years of war between 1914 and 1945 and the Cold War that prevailed for the rest of the half-century, the author explores the way in which relative deprivation may be seen to have expressed itself through nationalism, liberalism, and Marxism — the three great ideologies of the twentieth century that have competed against each other and have contributed to the perception of groups and individuals that they are relatively deprived. He investigates the …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during …

Convention Refugeehood, Early Warning Signs, And The Structural Crisis Of Legitimate Statehood In Contemporary Nigeria, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

No abstract provided.

Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova

Buffalo Human Rights Law Review

No abstract provided.

Human Rights And Post-Imperialism: Arguing For A Deliberative Legitimation Of Human Rights, Amy Bartholomew

Buffalo Human Rights Law Review

No abstract provided.

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky

Indiana Journal of Global Legal Studies

No abstract provided.

John D. Becker On International Crimes, Peace And Human Rights: The Role Of The International Criminal Court Edited By Dinah Shelton. Ardsley, Ny: Transnational Publishers. 356pp., John D. Becker

Human Rights & Human Welfare

A review of:

International Crimes, Peace and Human Rights: The Role of the International Criminal Court edited by Dinah Shelton. Ardsley, NY: Transnational Publishers. 356pp.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman

University of Michigan Journal of Law Reform

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …

The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock

University of Michigan Journal of Law Reform

Resettlement in the US. bestows a life changing benefit on thousands of overseas refugees. Because American refugee acceptance can never reach more than a tiny fraction of the world's millions of persecuted or oppressed, however, allocating this bounty requires the US. to choose the lucky few from the worthy many. Since the creation in 1980 of a permanent program of refugee resettlement, three different, and often conflicting, purposes have contended for its trove of immigration-like admissions slots. These are the removal of people from danger or hardship, the furtherance of a cluster of foreign policy objectives, and the facilitation of …

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy

San Diego International Law Journal

This study is divided into two sections. The first section is further divided into two subsections. The first subsection examines the problems in defining emergencies; in the second subsection, we will examine the preconditions required for a valid derogation. The second section determines the Strasbourg machinery for the protection of human rights. This section is also divided into four subsections. Each subsection examines separate case laws from the European Court of Human Rights. Finally, a conclusion will be deduced in the light of the former reviews.

Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka

San Diego International Law Journal

This Article seeks to understand why much of the hope for improved human rights has remained unrealized. It has four parts, in addition to this introduction and a conclusion. Part II provides a definition of human rights, the history of these rights in Nigeria, and the machinery that has evolved over the years, all the way up to the Obasanjo presidency, for the enforcement of these rights. Part III describes the practice of human rights in Nigeria before 1999. The section integrates General Obasanjo's role and it points to the legacy of British colonialism in Nigeria as a major factor …

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …

State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan

BYU Law Review

No abstract provided.

New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson

BYU Law Review

No abstract provided.

Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic

BYU Law Review

No abstract provided.

A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong

BYU Law Review

No abstract provided.

New Impulses In The Interaction Of Law And Religion: The Fiji Human Rights Commission In Context, Shaista Shameem

BYU Law Review

No abstract provided.

Conscientious Objection To War: Heroes To Human Shields, Alfred J. Sciarrino, Kenneth L. Deutsch

Brigham Young University Journal of Public Law

No abstract provided.

Secularism And French Religious Liberty: A Sociological And Historical View, Jean Bauberot

BYU Law Review

No abstract provided.

Standing With The Persecuted: Adjudicating Religious Asylum Claims After The Enactment Of The International Religious Freedom Act Of 1998, Craig B. Mousin

BYU Law Review

No abstract provided.

Religious Liberty And French Secularism, Jacques Robert

BYU Law Review

No abstract provided.

Reflections On The Right To Religious Freedom In Peru, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.

The Relationship Of Church And State In Belarus: Legal Regulation And Practice, Alexander Vashkevich

BYU Law Review

No abstract provided.

The New Leviathan, Dennis Patterson

Michigan Law Review

Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …

Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz

West Virginia Law Review

No abstract provided.