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Articles 1 - 20 of 20
Full-Text Articles in Law
Human Rights And State Despotism In Kenya: Institutional Problems, Makau Wa Mutua
Human Rights And State Despotism In Kenya: Institutional Problems, Makau Wa Mutua
Other Scholarship
No abstract provided.
Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson
Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson
Book Reviews
This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.
Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
Articles
Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.
In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …
Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer
Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer
Faculty Scholarship
This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …
Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo
Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo
Faculty Scholarship
No abstract provided.
Using International Human Rights Law To Advance Queer Rights: A Case Study For The American Declaration Of The Rights And Duties Of Man, 55 Ohio St. L.J. 649 (1994), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
In addition to violating various provisions of federal and state constitutions, anti-gay ballot initiatives may violate international human rights norms. I see three reasons to invoke international human rights to challenge these initiatives. First, international human rights norms place the struggle for gay and lesbian rights in its proper context as a struggle for human rights. Second, some of the international human rights instruments provide both a source of legal obligation and an additional forum to challenge anti-gay ballot initiatives. Third and finally, if lesbian and gay activists in the United States establish that documents such as the American Declaration …
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Faculty Scholarship
This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.
Diana: A Human Rights Database, Ronald Slye, Nicholas D. Finke, Taylor Fitchett, Harold Koh
Diana: A Human Rights Database, Ronald Slye, Nicholas D. Finke, Taylor Fitchett, Harold Koh
Faculty Articles
The article identifies a growing need to incorporate scholarly works and resources into a technological medium. Specifically, it outlines DIANA, a project that aims to promote creation, organization, dissemination, and preservation of primary and secondary electronic materials that are critical to human rights research. The article covers some background and introduces expected next steps for the project.
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
Publications
No abstract provided.
Foreword (Symposium: Challenges In Immigration Law And Policy: An Agenda For The Twenty-First Century)., Carol Buckler
Foreword (Symposium: Challenges In Immigration Law And Policy: An Agenda For The Twenty-First Century)., Carol Buckler
Articles & Chapters
No abstract provided.
The Inter-American System And Asylum, Claudio Grossman
The Inter-American System And Asylum, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum
Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I of this essay will introduce the queer theories underlying my critique and will outline the discrete positioning of lesbian and gay identity and community which labels these cases “victories.” The intersectionality of queer identity is the key blind spot in the litigation model. The queer continuum, a re-conceptualization of Adrienne Rich's lesbian continuum, delineates the spectrum of queer identity. Part II will explore the facts, issues and holdings of these four cases. My examination of these cases will reveal how they grant some rights to “but-for” queers, who, “but-for” their being lesbian or gay, would be “perfect citizens.” …
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Law Faculty Articles and Essays
This review of § 1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court § 1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court § 1983 litigation, and the Supreme Court has begun to pay greater attention to state court § 1983 cases. Nonetheless, most § 1983 materials focus on the federal courts. Moreover, the few works addressing litigation of § 1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article …
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley
Scholarly Works
A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley
Scholarly Works
Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.
Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …
The Effect Of Transaction Costs On The Market For Babies, Margaret F. Brinig
The Effect Of Transaction Costs On The Market For Babies, Margaret F. Brinig
Journal Articles
Among the more controversial ideas advanced by prominent United States Circuit Court Judge and law professor Richard Posner is his suggestion that a market in babies would rectify many of the problems of the adoption system. His concept has, to say the least, provoked a tremendous reaction in various segments of American society. His critics proclaimed that sales of children would serve to demean the children and their mothers, relegating them to the status of mere commodities. Unscrupulous but wealthy parents might purchase children solely to abuse them. "Baby-selling" became a code word for the foolish extreme to which its …
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave
Articles
No abstract provided.
Bosnia, War Crimes, And Humanitarian Intervention, Jane Olson, Lois Fielding, Holly Burkhalter, Douglas Cassel Jr.
Bosnia, War Crimes, And Humanitarian Intervention, Jane Olson, Lois Fielding, Holly Burkhalter, Douglas Cassel Jr.
Journal Articles
This presentation examines the history of the laws of war and the effort made through international law to prevent war crimes and to punish those responsible for war crimes. It specifically looks as the Statute of the International Tribunal as a method in establishing the meaning of the crimes. It then evaluates the United States' policy of war crimes as applied in Bosnia and how it has affected its relations with NATO and the UN.