Law Commons^™

The Road To Rights: Establishing A Domestic Human Rights Institution In The United States, Leadership Conference Education Fund, Human Rights Institute

Human Rights Institute

While human rights are often discussed as international standards, they are realized first and foremost at home. Respect for human rights is a domestic endeavor — the promotion, protection and fulfillment of these rights falls to national and local governments, not to international bodies. Because the front line of human rights is domestic, full realization of these rights requires coordination and dialogue between civil society, national policy-making bodies and local institutions.

U.S. human rights advocates have continually emphasized that “human rights begin at home,” and it is only when the full spectrum of rights are recognized and protected in local …

State And Local Human Rights Agencies: Recommendations For Advancing Opportunity And Equality Through An International Human Rights Framework, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

State and local human rights agencies can play a critical role in promoting and protecting human rights close to home. State and local human rights and human relations commissions already operate every day to prevent and eliminate discrimination. These institutions have multiple functions that include enforcing anti-discrimination laws, engaging in community education and training and advocacy. Central to their mission is encouraging and facilitating institutional change to eradicate discrimination and promote equal opportunity. Thus, advancing human rights protections intersects with and, in fact, supports the work of state and local human rights and human relations commissions to encourage and ensure …

Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke

Faculty Scholarship

It is hard to imagine where queer theory would be without Eve Sedgwick. Indeed, I can't imagine where my own thinking would be had it not been informed, enriched, challenged, repulsed, and seduced by Sedgwick's writing. Between Men: English Literature and Male Homosocial Desire and The Epistemology of the Closet, the early work, gave me the tools to think about the fundamental landscapes of my intellectual world in ways that decoupled and reconfigured the binaries of male/ female, heterosexual/homosexual, friend/lover, and public/private. Sedgwick gave us the idea of homosociality and a critique of identity and identification that exploded the …

A Tale Of Two Paradigms: Judicial Review And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

What is the role of judges in holding government acts unconstitutional? The conventional paradigm is "judicial review." From this perspective, judges have a distinct power to review statutes and other government acts for their constitutionality. The historical evidence, however, reveals another paradigm, that of judicial duty. From this point of view, presented in my book Law and Judicial Duty, a judge has an office or duty, in all decisions, to exercise judgment in accord with the law of the land. On this understanding, there is no distinct power to review acts for their constitutionality, and what is called "judicial review" …