Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
-
- Berta E. Hernández-Truyol (13)
- Dr. Saumya Uma (12)
- Carmen G. Gonzalez (9)
- Claudio M. Grossman (5)
- Evan J. Criddle (5)
-
- Linda A. Malone (3)
- Maxwell O. Chibundu (3)
- Perry S. Bechky (3)
- Brian Christopher Jones (2)
- Brian Slattery (2)
- Germán M. Teruel Lozano (2)
- J. Janewa Osei-Tutu (2)
- James T Gathii (2)
- Paolo G. Carozza (2)
- Richard J. Wilson (2)
- Robert K. Goldman (2)
- Aaron-Andrew P. Bruhl (1)
- Abdulmumini A Oba (1)
- Abu Noman Mohammad Atahar Ali (1)
- Anthony Chase (1)
- Connie de la Vega (1)
- Craig Anthony (Tony) Arnold (1)
- Craig B. Mousin (1)
- Daniel Kanstroom (1)
- David C. Gray (1)
- Davison M. Douglas (1)
- Diane Orentlicher (1)
- Donald J. Kochan (1)
- Dr. Kwanghyuk David Yoo (1)
- Herman Schwartz (1)
- File Type
Articles 1 - 30 of 100
Full-Text Articles in Law
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Linda A. Malone
No abstract provided.
Dark Ages Of Human Rights?, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Linda A. Malone
No abstract provided.
Standing For Human Rights Abroad, Evan J. Criddle
Standing For Human Rights Abroad, Evan J. Criddle
Evan J. Criddle
When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius’s guardianship account of humanitarian intervention, this Article offers a new theory of states’ standing to enforce human rights abroad: under some circumstances, international law authorizes states to impose countermeasures as fiduciary representatives, asserting the human rights of oppressed foreign peoples for the benefit of those peoples. The fiduciary theory explains why all states may use countermeasures to vindicate the human rights of foreign nationals abroad despite the fact that they do …
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Evan J. Criddle
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Evan J. Criddle
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle
Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle
Evan J. Criddle
Leading human rights treaties permit states as a temporary measure to suspend a variety of human rights guarantees during national crises. This chapter argues that human rights derogation is best justified as a temporary mechanism for empowering states to protect human rights, rather than as a device for enabling national authorities to advance their own interests in a manner that compromises human rights protection. Human rights treaties use broad legal standards to entrust states with responsibility for deciding what measures are best calculated to maximize human right protection during emergencies. For this delegation of authority to operate effectively, international tribunals …
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
James G. Dwyer
No abstract provided.
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
James T Gathii
No abstract provided.
Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold
Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold
Craig Anthony (Tony) Arnold
No abstract provided.
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
James E. Moliterno
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
An Environmental Justice Critique Of Biofuels, Carmen G. Gonzalez
Carmen G. Gonzalez
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
A former President of the Inter-American Commission on Human Rights, Paolo Carozza draws on his personal experience to identify and propose solutions for a key flaw in the Inter-American Human Rights System: the division between English-language member states and states with Latin-based languages. Terming this division "The Anglo-Latin Divide," Carozza traces the division not only to linguistic difference, but also to differences in legal traditions. He explains how the differences between Anglo tradition of common law and the Latin tradition of civil law manifest in both substantive and procedural divides within the Inter-American Human Rights system, including in sensitive areas …
The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila-Ruhaak
The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila-Ruhaak
Sarah Dávila-Ruhaak
No abstract provided.
When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo
Dr. Kwanghyuk David Yoo
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Obiora Chinedu Okafor
This article deals with the question whether the jurisprudence of Nigeria’s appellate courts has helped advance or impede the struggles of the poor to assert their human rights in the country. The article begins by defining, delimiting, and situating the concepts “struggle” and “human rights as struggle.” It then moves on to identify and discuss the factors that make the struggles that the poor and the subaltern must wage to realize their human rights a tough one. Following this discussion, the article turns its attention to its main focus, i.e., an analytical examination of the ways in which the corpus …
Prioritising Human Development In African Intellectual Property Law, Janewa Osei Tutu
Prioritising Human Development In African Intellectual Property Law, Janewa Osei Tutu
J. Janewa Osei-Tutu
Human Development As A Core Objective Of Global Intellectual Property, Janewa Osei Tutu
Human Development As A Core Objective Of Global Intellectual Property, Janewa Osei Tutu
J. Janewa Osei-Tutu
International Environmental Law And The Global South, Carmen G. Gonzalez
International Environmental Law And The Global South, Carmen G. Gonzalez
Carmen G. Gonzalez
The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …
Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day
Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day
Berta E. Hernández-Truyol
This essay scrutinizes the persistence of inequality in the United States through a human rights lens and grapples with the troubling disparities unearthed by two works: American Apartheid: Segregation and the Making of the Underclass and Black Wealth/White Wealth: A New Perspective on Racial Inequality. These two highly enlightening and, simultaneously, deeply troubling and depressing books elucidate the myriad locations at which inequalities persist and the historical, social, psychological, and legal foundations of, and explications for, such disparities in the African American community. This work proposes a human rights paradigm that provides a methodology to analyze, deconstruct and unravel the …
Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol
Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Sex, race, gender, sexuality, color, religion, language, nationality, ethnicity, culture, poverty - socially constructed categories, social tropes that relegate "others" to subordinated positions in the varied and various cultural and economic marketplaces of both global and local societies. Richard Delgado's transformational work engages all of these tropes insightfully, disturbingly, and illuminatingly. His rich literature conceptualizes persons as multidimensional, complex beings and exposes society as the pre-fabricated stage in which diverse interactions evolve. Delgado's epistemological stance is fluid, non-rigid, and grounded on subjectivity. In this essay I will focus on Delgado's latest book When Equality Ends: Stories About Race and Resistance. …
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Berta E. Hernández-Truyol
As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits. A forward-looking examination of the link …
Law Is Not Enough, Berta E. Hernández-Truyol
Law Is Not Enough, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
In 1995, the United Nations reported “in no society today do women enjoy the same opportunities as men.” The condition and status of women worldwide was one of social, political, educational, legal, and economic inequality. Ten years later, women's economic disparities persist. In Gender Injustice: An International Comparative Analysis of Equality in Employment, Dr. Anne-Marie Mooney Cotter focuses on women's global inequality in employment. The book's in-depth examination of women's second-class, subordinated status in the workplace around the world provides invaluable insights into the complexities of gender inequality.
Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol
Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
This essay originated with a panel on Alternatives to the Regular Courts that took place during the first Legal and Policy Issues in the Americas conference sponsored by the University of Florida Levin College of Law. Some of the possible alternatives to the courts, in the trade field, that have been discussed include mediation, arbitration, constitutional courts and binational dispute panels. This essay reflects upon another alternative to domestic courts that progressively and increasingly is also being invoked in the trade context: international and regional human rights regimes. I specifically will review the Inter-American Human Rights System to ascertain the …
Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol
Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as non-Latina women …
Globalized Citizenship: Sovereignty, Security And Soul, Berta E. Hernández-Truyol
Globalized Citizenship: Sovereignty, Security And Soul, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Human rights law has redefined the concepts of sovereignty and citizenship. Just as transnationalization has weakened the hegemony of the political elites (corporate economic elites and domestic ruling classes) by strengthening citizenship claims of all persons, so, too, a globalized citizenship grounded on a human rights model will strengthen personhood by denationalizing states' claims on individuals' rights. The human rights narrative has been imagined, crafted and delivered by Northern/Western powers--the hegemon--however, for the human rights model to be of utility to the globalized citizen project, it must be reconstituted with an antisubordination agenda. It must include the voices of the …
The International Law Of Game Of Thrones, Perry S. Bechky
The International Law Of Game Of Thrones, Perry S. Bechky
Perry S. Bechky
Game of Thrones depicts a violent and, some might say, lawless world. Few would think that world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text” in …