Law Commons^™

Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel

Other Publications

No abstract provided.

The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan

Archived Theses and Dissertations

This essay aims to analyze the project of the Egyptian feminist movement in the legal arena to achieve equality for women under the Egyptian laws focusing on the right of divorce and polygamy. lt seeks to examine the most liberal interpretations towards these two questions. The essay assesses many of the methodologies used differently from feminist groups and its focal point were the lslamic legal interpretations according to the Egyptian legal system. The essay provides an innovative classification for feminist movement in Egypt. This classification is based on criticism of other available classifications and their legal tools every group have …

Catch 22 Exclusionary Inclusion: The Palestinian Refugees' Struggle For Protection, Suzanne Taher Shams

Archived Theses and Dissertations

No abstract provided.

The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson

ExpressO

Las Hermanas Serrano Cruz is a landmark case in the jurisprudence of the Inter-American Court of Human Rights because it excludes a large body of arguably valid claims from meaningful adjudication within the inter-American system. In the Las Hermanas Serrano Cruz decision on preliminary objections, the Court upheld El Salvador’s restriction to rationae temporis. Although the State’s restriction was improper both substantively and procedurally, the Court held it to be valid under the American Convention on Human Rights by misclassifying it as a declaration rather than a reservation. This mistake not only proved detrimental to the Las Hermanas Serrano Cruz …

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah

ExpressO

Stuart Scheingold's and Austin Sarat's "Something to Believe In: Politics, Professionalism, and Cause Lawyering," (Stanford University Press, December 2004) draws on a decade of empirical and theoretical work on cause lawyering. Scheingold’s and Sarat’s law and society scholarship contributes to our knowledge of lawyering, the law, work with clients and social movements, and the interplay between what Ewick and Silbey have called "legality" and the social world. Their cross-disciplinary work makes a significant contribution to the social sciences as well as to the field of legal studies. This review examines the utility of cause lawyering as a concept that contributes …

Expert On Sex Trafficking Contributes To Passage Of Historic New Law

Donna M. Hughes

No abstract provided.

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Examining The Declining Utility Of Military Force, Ali Wyne

Human Rights & Human Welfare

A review of:

The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.

The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.

and

At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah

Faculty Publications

Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …

Female Refugees: Re-Victimized By The Material Support To Terrorism Bar, Kara Beth Stein

McGeorge Law Review

No abstract provided.

Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson

Michigan Journal of International Law

Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …

The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas

Michigan Journal of International Law

After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.

Recognizing Victimhood, Christine Wilke

Studio for Law and Culture

The category of victimhood resonates deeply with many contemporary struggles for recognition without, however, receiving similar attention by political theories of recognition. Many “struggles for recognition” are fought with explicit reference to massive injustice that have ceased without having been publicly recognized as injustices. The state responses to claims for the recognition of victimhood mirror, I will argue, the state’s dominant conceptions of justice and injustice. In many cases, the state affirms its conceptions of injustice and moral innocence through the selective recognition of victims. For example, the U.S. government has granted Japanese-Americans interned during the Second World War an …

Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff

Law Faculty Scholarship

This article explores the relationship between the law of maritime labor and the law of slavery. In the eighteenth century, both sailors and slaves were part of a broad regime of unfree labor relations, with slaves, of course, the most oppressed. In the nineteenth century, an era otherwise supposedly devoted to the ideal of "free" labor, sailors and slaves instead remained unfree, subject to federal laws providing for the forced return to their toils if they deserted - the Merchant Seaman's Act and the Fugitive Slave Act. Both of those statutes were deemed to be within Congress' authority, despite questionable …

Oil And Gas Exploitation On Arctic Indigenous Peoples’ Territories Human Rights, International Law And Corporate Social Responsibility, Rune S. Fjellheim, John B. Henriksen

Aboriginal Policy Research Consortium International (APRCi)

The Resource Centre for the Rights of Indigenous Peoples’ Gáldu Čála nr 4/2006 con- tains two articles addressing certain core social, legal and economic questions related to oil and gas operations in indigenous areas, written by Mr. Rune Sverre Fjellheim and Mr. John B. Henriksen respectively.

Around the world, including in the Arctic, there are disputes about ownership, utiliza- tion, management and conservation of traditional indigenous lands and resources - often caused by decisions or attempts to use traditional indigenous lands and resources for industrial purposes, including oil and gas exploration. This situation represents an enor- mous challenge, and in …

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …

Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Children As Victims Of Structural Violence, Kent

Societies Without Borders

Structural violence is harm imposed by some people on others indirectly, through the social system, as they pursue their own preferences. Its effects are clear in the massive mortality of children. More than ten million children die before their fifth birthdays every single year. For most children, the immediate cause of death is a combination of malnutrition and ordinary diseases such as diarrhea, malaria, and measles. Given adequate resources, such diseases are readily managed. The limited allocation of resources to meeting children's needs is due more to the ways in which available resources are used than to the absolute shortage …

From Scientists To Merchants: The Transformation Of The Pharmaceutical Industry And Its Impact On Health, Ugalde, Núria Homedes

Societies Without Borders

The number of innovative drugs reaching the market has decreased steadily during the last several years to a handful per year. At the same time, the amount of resources allocated by the pharmaceutical industries to promotion and marketing has increased at a faster pace than those allocated to research and development of new products. The paper presents the hypothesis that for the large corporations, the production of me-too drugs is more profitable than to invest in research and development of innovative products. Gaining a market share of me-too drugs requires large investments in promotion and marketing, one result of which …

Towards A Simple Typology Of Racial Hegemony, Coates

Societies Without Borders

Racial Hegemony, a concept developed by Omi and Winant, provides a critical tool for evaluating the modern racial state. This paper explores this tool and offers some enhancements. These enhancements, recognizing that one size does not fit all, identify different hegemonic types associated with different racial states. Implications are drawn which suggests that our efforts toward evaluating, transforming, and/or eliminating racial hegemonies are best accomplished by understanding the variations of racial hegemonies.

Human Rights Dialogues, Sahle, Ollen Mwalubunju

Societies Without Borders

In this conversation Ollen Mwalubunju discusses the politics of exile, the rise of Malawi's popular movement in the early 1990s and its legacies. Further, Mwalubunju discusses at length the struggle by civil society groups to deepen the democratic space that has emerged since the demise of the postcolonial authoritarian regime in 1994. Finally, Mwalubunju reflects on the tensions and complexity of his work as a social activist and the difficulties of promoting the respect and protection of human rights in the current global political and economic conjuncture. This conversation took place in January 2006.

An American Dilemma Of The 21st Century?, Wallerstein

Societies Without Borders

In 1941, Henry Luce proclaimed the twentieth century the American Century. And in 1944, Gunnar Myrdal wrote of the American dilemma, the discrepancy between its values and the actual treatment of Black Americans. In the post-1945 period, the need of a hegemonic United States to project a positive world image led to major improvements in the position of Black Americans – an improvement however primarily for educated elites and much less for the Black working-class strata. In the period since 1970, U.S. power has been on the decline, which has caused increased internal tensions in the U.S. This intersects with …