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Articles 1 - 15 of 15
Full-Text Articles in Law
The New Paternalism: War On Poverty Or War On Women?, Martha F. Davis
The New Paternalism: War On Poverty Or War On Women?, Martha F. Davis
Martha F. Davis
No abstract provided.
The Marital Home: Equal Or Equitable Distribution?, Martha F. Davis
The Marital Home: Equal Or Equitable Distribution?, Martha F. Davis
Martha F. Davis
No abstract provided.
International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis
International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis
Martha F. Davis
No abstract provided.
Valuing Women: A Case Study, Martha F. Davis
The Equal Rights Amendment: Then And Now, Martha F. Davis
The Equal Rights Amendment: Then And Now, Martha F. Davis
Martha F. Davis
No abstract provided.
Occupy Wall Street And International Human Rights, Martha F. Davis
Occupy Wall Street And International Human Rights, Martha F. Davis
Martha F. Davis
This article employs a human rights lens to examine the extreme economic inequality targeted by Occupy Wall Street (OWS). First, I look at the fundamental question of whether such economic inequality constitutes a human rights violation. To analyze that question, I begin by examining the extent to which poverty has been deemed to raise international human rights concerns, finding that international human rights institutions have generally addressed poverty by focusing on the ways in which poverty frustrates the exercise of substantive and procedural human rights. I then use a similar lens to examine the issue of economic inequality, concluding that …
Human Rights And The Model Rules Of Professional Conduct: Intersection And Integration, Martha F. Davis
Human Rights And The Model Rules Of Professional Conduct: Intersection And Integration, Martha F. Davis
Martha F. Davis
The American Bar Association’s Model Rules of Professional Conduct nowhere mention human rights as either a means or an end to ethical lawyering. The origins and history of the modern ABA Code, framed at a time when the ABA leadership was hostile to universal human rights norms, suggest possible explanations for this omission as an initial matter. But the Model Rules are frequently revised, and the ABA is now a leader in the promulgation and implementation of human rights worldwide. Still, the model ethics rules remain silent on human rights. State ethics codes, largely drawn from the ABA model, are …
Human Rights In The Trenches: Using International Human Rights Law In "Everday" Legal Aid Cases, Martha F. Davis
Human Rights In The Trenches: Using International Human Rights Law In "Everday" Legal Aid Cases, Martha F. Davis
Martha F. Davis
No abstract provided.
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis
Martha F. Davis
Traditionally, states and the federal government maintained an "upstairs, downstairs" relationship when it came to global affairs, with states serving in the background role as the downstairs members of the national household. However, the traditional federal-state relationship in the international affairs arena is increasingly unworkable as states become more and more transnationally active. This is particularly true in the area of human rights implementation, where states have both used their own policies to associate with human rights movements worldwide and have incorporated human rights norms into their own state laws. Federal courts' approach to human rights implementation, however, has failed …
The Spirit Of Our Times: State Constitutions And International Human Rights, Martha F. Davis
The Spirit Of Our Times: State Constitutions And International Human Rights, Martha F. Davis
Martha F. Davis
States have a direct responsibility to implement the U.S.'s international obligations in many areas governed by existing human rights treaties. This responsibility is drawn from the nature of federalism, the U.S. Constitution and from states' own constitutions. In light of the relatively populist structure of state governmental institutions, this implementation may be appropriately accomplished by state courts as well as the political branches of state governments. International law has a particularly important role to play in this process, particularly when courts construe states' affirmative constitutional grants - for example, for public health, education or welfare - that have no federal …
Abortion Access In The Global Marketplace, Martha F. Davis
Abortion Access In The Global Marketplace, Martha F. Davis
Martha F. Davis
In the United States, government funding of legal abortion for low-income women has been uniquely “de-linked” from the fundamental right to an abortion. While the underlying right to an abortion has been repeatedly reaffirmed, federal courts have been unreceptive to any imposition of an affirmative governmental obligation to fund the exercise of the right. In contrast, the human rights framework, increasingly adopted worldwide by other national and regional courts and legislatures, has supported expansion of government funding of legal abortion. The domestic U.S. treatment of abortion funding is illuminated by examining several recent transnational decisions—from Colombia, Mexico, and the European …
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis
Martha F. Davis
This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …
The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha F. Davis
The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha F. Davis
Martha F. Davis
In the 1960s, poverty law was new to the law schools. The energy and creativity that drove its development and integration into the legal academy was tremendous. In just a few years, dozens of new courses were introduced, preparing law students to meet the legal needs of the poor and stimulating thinking about economic inequality and societal structures that perpetuate poverty. Law schools also established new poverty law clinics, enabling direct engagement with low income clients and organizations. Political shifts and poverty's intransigence eventually dampened initial ambitions of using law to end poverty. In subsequent decades, there has been periodic …
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Martha F. Davis
Public rights litigation in the United States is often associated with constitutional and statutory issues of equality and due process and cases like Muller v. Oregon, Brown v. Board of Education and Lawrence v. Texas. In each of these cases, litigators articulated a global perspective on the issue -- e.g., women's work, racial segregation, gay rights -- that informed the judicial consideration of the matter. In recent years and despite strong historical evidence supporting such an approach, this overtly international contextual analysis has come under attack, particularly in constitutional cases. However, the concept of public rights litigation should also encompass …
Brief Of Amici Curiae: The Leadership Conference On Civil And Human Rights, Asian American Legal Defense And Education Fund, National Aids Housing Coalition, National Economic And Social Rights Initiative, National Health Care For The Homeless Council, National Law Center On Homelessness & Poverty, Poverty & Race Research Action Council, Urban Justice Center And Wild For Human Rights In Support Of Respondents Regarding Medicaid Expansion, In The Supreme Court Of The United States, State Of Florida, Et Al., V. United States Department Of Health And Human Services, Et Al., On Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit, No. 11-400, Martha F. Davis, Margaret Woo, Risa E. Kaufman
Martha F. Davis
This amicus brief was filed before the Supreme Court in the Medicaid Expansion portion of the Affordable Care Act (ACA) litigation on behalf of the Leadership Conference on Civil and Human Rights and other national organizations concerned with the international human rights implications of the ACA litigation, particularly with regard to race discrimination. The brief first argues that the international context of the ACA is relevant to the Court’s consideration of the law’s constitutionality, noting the many times when Court has taken international law into account in rendering decisions. The brief then chronicles the occasions on which international bodies and …