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The International Review | 2009 Fall, Michael Rhee

The International Review Newsletter

The legal implications of the “torture memos”: To prosecute or not?

Using international law to combat uncooperative tax havens

Global efforts to hold corporations accountable: Past efforts and current initiatives

Reform of the UN internal justice system: Meeting the expectations of its own standards

Human trafficking: What role for international law for a still growing problem?

An international right to any name?

An independent Supreme Court for the United Kingdom

Swine flu, pandemics, and international law

Global efforts to stop organ trafficking

Uneven progress in global efforts to fight bribery

Are Taliban fighters obeying the laws of war?

United States …

The International Review | 2009 Spring, Michael Rhee

The International Review Newsletter

Cyber warfare and international law: Unresolved issues

The world financial crisis: Time for a new global regulatory regime?

Legal issues in the closing of the Guantanamo Bay terrorist detention facility

Hot pursuit: Legal or illegal under international law?

U.S. child custody disputes at home and abroad

Chinese South Africans are now “black”

A new system for making food health claims in the European Union

First arrest warrant issued for sitting head of state

A better way to seek child support payments

Better access to essential medicines for developing countries?

The conflict in Georgia: Recognizing separatist territories and international law

Continuing …

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.

Marking The Path Of The Law, Stephen Ellmann

Articles & Chapters

This article, published in South Africa's Constitutional Court Review, focuses on the Constitutional Court of South Africa in order to discuss the nature of constitutional judging more generally. Looking to Brown v. Board of Education as an example, it argues that technical skill – though obviously important – is not the highest virtue of the constitutional judge, and that a central attribute of constitutional judging is commitment to the values of the constitution. But commitment to values is more than a matter of rational assent. As everyday experience and neurological evidence teach us, commitment naturally and unavoidably involves the judge’s …

Introduction: Feminist Advocacy, Constitutions And Law, Penelope Andrews

Articles & Chapters

The programs and projects of the last few decades of feminist advocacy have been applauded, resisted, andvilified. Despite these divergent responses, there is no doubt that in societies across the globe women’s voices in the legal and political realm are no longer muted. Organizing and lobbying on all five continents, aided and abetted by the liberating possibilities of the innovative communications technology, especially the internet, women advocates have created the discursive space in the political, legal, social, and economic realm to influence governmental policies, law and practice. Developments in the last few decades have illustrated the concerted efforts by women …

Self-Representation In The International Arena: Removing A False Right Of Spectacle, Eugene Cerruti

Articles & Chapters

Recent historical scholarship has demonstrated that the practice of self-representation at common law was developed and promoted not to secure a valued right to the accused but rather to compromise the defendant’s ability to present an effective defense - by denying him an effective right to be represented by counsel. The Supreme Court in Faretta v. California stood this history on its head in order to read into the Sixth Amendment an implied right to self-representation equal to the now preeminent right to counsel. The Faretta doctrine was carelessly adopted yet has been resolutely defended by the Supreme Court, to …

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …

Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin

Articles & Chapters

The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a “bright-line position” regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. …