Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (92)
- International Law (92)
- International Humanitarian Law (78)
- Social and Behavioral Sciences (77)
- Political Science (76)
-
- International Relations (73)
- Public Affairs, Public Policy and Public Administration (58)
- International and Area Studies (49)
- Social Policy (25)
- Peace and Conflict Studies (23)
- Other International and Area Studies (20)
- African Studies (14)
- Public Policy (14)
- European Law (13)
- Near and Middle Eastern Studies (13)
- American Politics (11)
- Defense and Security Studies (10)
- Arts and Humanities (8)
- Immigration Law (7)
- Religion Law (7)
- Law and Politics (6)
- Military, War, and Peace (6)
- National Security Law (6)
- Emergency and Disaster Management (5)
- Other Public Affairs, Public Policy and Public Administration (5)
- Sociology (5)
- Criminal Law (4)
- Economic Policy (4)
- Migration Studies (4)
- Institution
-
- University of Denver (77)
- Case Western Reserve University School of Law (12)
- Golden Gate University School of Law (8)
- Duke Law (7)
- American University Washington College of Law (4)
-
- Cornell University Law School (4)
- Maurer School of Law: Indiana University (2)
- Vanderbilt University Law School (2)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Louisiana State University Law Center (1)
- New York Law School (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- Publication
-
- Human Rights & Human Welfare (77)
- Case Western Reserve Journal of International Law (8)
- Annual Survey of International & Comparative Law (5)
- Case Western Reserve Law Review (4)
- American University International Law Review (3)
-
- Duke Journal of Comparative & International Law (3)
- Golden Gate University Law Review (3)
- Cornell International Law Journal (2)
- Cornell Journal of Law and Public Policy (2)
- Law and Contemporary Problems (2)
- Vanderbilt Journal of Transnational Law (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Chicago-Kent Law Review (1)
- Dalhousie Law Journal (1)
- Duke Journal of Gender Law & Policy (1)
- Duke Law Journal (1)
- Fordham Urban Law Journal (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Louisiana Law Review (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- University of Colorado Law Review (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Miami International and Comparative Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- West Virginia Law Review (1)
Articles 1 - 30 of 128
Full-Text Articles in Law
Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence
Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence
Chicago-Kent Law Review
Modern oil and gas production takes place in environments that are increasingly challenging, environments that pose very high levels of technical risk, as well as political, social, environmental, heal and safety risks. The people of the oil-rich nations of the world are growing more assertive politically and more sensitive to the environmental, health, and safety risks posed by oil and gas development. Governments, nongovernmental organizations (NGOs), and local people seek the means to control oil and gas development so as to minimize the risk of harm and provide redress in the event harm is done. Oil and gas companies have …
The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard
The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard
The Scholar: St. Mary's Law Review on Race and Social Justice
The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the …
November Roundtable: Multiculturalism And Integration Introduction
November Roundtable: Multiculturalism And Integration Introduction
Human Rights & Human Welfare
An annotation of:
“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010
and
“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010
A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney
A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney
Human Rights & Human Welfare
Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.
Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet
Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet
Human Rights & Human Welfare
Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …
Citizenship, Rights, And Culture, Alison Brysk
Citizenship, Rights, And Culture, Alison Brysk
Human Rights & Human Welfare
Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.
European Identity Struggles In The Age Of Austerity, Par Engstrom
European Identity Struggles In The Age Of Austerity, Par Engstrom
Human Rights & Human Welfare
The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
Development As Power, Alison Brysk
Development As Power, Alison Brysk
Human Rights & Human Welfare
While material progress towards the Millennium Development Goals is laudable, and pledges of new resources are necessary, we can never fully address poverty without talking about power. As Amartya Sen pointed out, true development depends on freedom.
The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney
The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney
Human Rights & Human Welfare
That much more must be done to meet the Millennium Development Goals is evident. The proposals put forth by Douste-Blazy and the new pledges announced at the recent UN MDG Summit are steps in the right direction. More fundamentally, what is required is to recognize that the MDGs are not merely “goals” to aim for, hitting or missing as the case may be. Rather, they are about realizing rights which governments, individually and collectively, have pre-existing legal obligations to uphold and ensure.
Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet
Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet
Human Rights & Human Welfare
The United Nations Millennium Development Goals Summit got underway on September 20th in New York. Opening speeches seemed to be a roster of who’s – who of contributors towards global poverty with the IMF and WTO leading the pack. As speeches progressed, a disturbing trend developed which romanticized the pre-recessionary period of progress towards MDG achievement and reducing world poverty.
October Roundtable: Mdgs And Human Rights Introduction
October Roundtable: Mdgs And Human Rights Introduction
Human Rights & Human Welfare
An annotation of:
“The UN millennium development goals can be put back on track” by Philippe Douste-Blazy. The Guardian. September 5, 2010.
The Mdgs And The (New) International Economic Order, Par Engstrom
The Mdgs And The (New) International Economic Order, Par Engstrom
Human Rights & Human Welfare
The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
The Right To Migrate As A Human Right: The Current Argentine Immigration Law, Barbara Hines
Cornell International Law Journal
No abstract provided.
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Toward A More Individualized Assessment Of Changed Country Conditions Of Kosovar Asylum-Seekers, Christian A. Fundo
Cornell International Law Journal
No abstract provided.
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
Duke Law Journal
The Arab-Israeli conflict has been a testing ground for the involvement of U.S. courts in foreign conflicts and for the concept of civil litigation against terrorists. Plaintiffs on both sides of the dispute have sought to recover damages in U.S. courts, embroiling the courts in one of the world's most contentious political disputes. Plaintiffs bringing claims against the Palestine Liberation Organization, the Palestinian Authority, material supporters of terrorism, and the Islamic Republic of Iran have been aided by congressional statutes passed precisely to enhance their ability to bring such lawsuits, whereas plaintiffs bringing suit against Israel or Israeli leaders have …
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
"We Shall Not Cease From Exploration": Narratives From The Hyde Inquiry About Mental Health And Criminal Justice, Anne Derrick
Dalhousie Law Journal
When I embarked on my journey at the Hyde Inquiry I really felt I knew nothing. The place I came to know for the first time, at the end, was a place I had really not known before. I was taken there by the narratives that made up the threads of the Inquiry and it is some of these narratives I am going to discuss here.
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
University of Miami International and Comparative Law Review
No abstract provided.
Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander
Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander
Golden Gate University Law Review
Section I of this Comment provides a history of the Rwandan armed conflict and a description of the laws of armed conflict. It focuses on the basic laws of armed conflict, the Geneva Conventions and Additional Protocols, and describes how these laws have been interpreted by the ICTY and ICTR. Section II addresses the classification of the Rwandan armed conflict as a non-international conflict. This section discusses Ugandan support for the invading Rwandan Patriotic Front ("hereinafter RPF") and the murder of ten Belgian U.N. peacekeepers by Rwandan troops. The Section proposes changing the definition of an international conflict, thereby strengthening …
Security Council Resolution 808: A Step Toward A Permanent International Court For The Prosecution Of International Crimes And Human Rights Violations, Daniel B. Pickard
Security Council Resolution 808: A Step Toward A Permanent International Court For The Prosecution Of International Crimes And Human Rights Violations, Daniel B. Pickard
Golden Gate University Law Review
This comment examines the difficulties involved in implementing Resolution 808, and also its contribution to the development of a permanent international criminal court (hereinafter "ICC"). The comment begins with an overview of Security Council Resolution 808. The comment next considers the factors that have stopped previous attempts to create an ICC. Finally, the author proposes that a permanent ICC could and should be implemented and that the earlier difficulties in establishing such a tribunal have been overcome.
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
West Virginia Law Review
No abstract provided.
Fundamental Issues And Practical Challenges Of Human Rights In The Context Of The African Union, Moussa Samb
Fundamental Issues And Practical Challenges Of Human Rights In The Context Of The African Union, Moussa Samb
Annual Survey of International & Comparative Law
This paper starts with an overview of the legal issues of the African human rights system. Then, it discusses the main human rights issues and challenges which confront the African system, as democracy, human rights during conflict and development issues. It ends with a brief discussion on a minimal core approach to social and economic rights.
The African Charter On Human And Peoples' Rights: Suggestions For More Effectiveness, U. O. Umozurike
The African Charter On Human And Peoples' Rights: Suggestions For More Effectiveness, U. O. Umozurike
Annual Survey of International & Comparative Law
This paper examines some of the problems of the African Commission, and its shortcomings, all of which gave room for the criticism and, more importantly, suggestions for the greater effectiveness of the Commission. The moderate achievements of the Commission are complicated by what appears to be some doubt about its desirability. The European Commission has been abolished and its functions merged with those of the European Court after it had functioned only long enough to develop human rights standards in Europe. The African Commission has existed for twenty years with inadequate resources and personnel. It is not even mentioned in …
Universal Human Rights: A Generational History, Eric Engle
Universal Human Rights: A Generational History, Eric Engle
Annual Survey of International & Comparative Law
Human rights are universal. Not in the sense of being the same positive laws, at all times and places, but rather as being aspirational goals, at all times and places, and also as containing core values which are indeed universal, such as the right to life (no irrational deprivation of life). Histories of human rights usually propose that the concept has evolved through at least three separate historical waves. This historical account, while roughly accurate, must be clarified as a theoretical construction which corresponds only partially to the historical reality: the rights of women and of non-white persons, in fact, …
Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández
Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández
Annual Survey of International & Comparative Law
The present paper is based on the contention that, by virtue of the impact of resource exploitation on individuals, international human rights' tribunals and bodies, particularly the organs of the Inter-American System, are increasingly in the position of "allocator" of natural resources, giving new meaning to the concept of permanent sovereignty.
Human Rights And Sharia'h Justice In Nigeria, M. Ozonnia Ojielo
Human Rights And Sharia'h Justice In Nigeria, M. Ozonnia Ojielo
Annual Survey of International & Comparative Law
This article examines the introduction of Sharia'h law in northern Nigeria, both in regard to the fundamental legal provisions of the Nigeria constitution and also as to the international rights conventions to which Nigeria is a signatory. The relationship between the new Sharia'h laws enacted in all 19 northern Nigerian states and the human rights provisions in the 1999 Constitution will be examined under five parameters: the general constitutional provision, protection of freedom of religion the federal status of Nigeria the Islamic state issue, and the politics of the Sharia'h law debate. The Zarnfara state law will be used as …
Regenerating Leadership Or Rhetoric?, Marc Alexander C. Gionet
Regenerating Leadership Or Rhetoric?, Marc Alexander C. Gionet
Human Rights & Human Welfare
The new coalition government in the UK is expediting efforts to mark a differentiation from its predecessor. In regards to foreign policy, the Secretary of State for Foreign & Commonwealth Affairs, William Hague, has identified human rights as the “irreducible core” in his initial speech of a four-part series intended to outline the new government’s priorities and approach.
Human Rights At The “Core” Of Uk Foreign Policy Requires Respect For Core Human Rights, Erin Mooney
Human Rights At The “Core” Of Uk Foreign Policy Requires Respect For Core Human Rights, Erin Mooney
Human Rights & Human Welfare
The true measure of whether human rights indeed are the "irreducible core" of the UK’s new foreign policy will be the extent to which the coalition government respects and protects “core” human rights.
Uk Foreign Policy And Human Rights, Par Engstrom
Uk Foreign Policy And Human Rights, Par Engstrom
Human Rights & Human Welfare
William Hague’s assertion that human rights should constitute the “irreducible core” of foreign policy under the new UK coalition government may seem a radical departure for the new Foreign Secretary. Hague is, after all, a leading figure in the British Conservative Party, which in its recent election manifesto called for the repeal of the UK’s Human Rights Act that incorporates the European Convention on Human Rights into UK law. Given this profound ambivalence over the substantive value of human rights at home, the new UK government is not likely to adopt more assertive human rights policies abroad. Human rights advocates …
August Roundtable: Human Rights And Foreign Policy Introduction
August Roundtable: Human Rights And Foreign Policy Introduction
Human Rights & Human Welfare
An annotation of:
“A humane nation is a safer nation” by Tom Porteous. The Guardian. July 7, 2010.