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Articles 1 - 9 of 9
Full-Text Articles in Law
The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist
The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist
Faculty Scholarship
No abstract provided.
From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr
From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr
Faculty Scholarship
This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.
Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore
Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore
Faculty Scholarship
This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases …
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Faculty Scholarship
Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …
Expedited Removal, Karen Musalo
European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer
European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Terrorism And Human Rights, Michael E. Tigar
Terrorism And Human Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Norm Internalization And U.S. Economic Sanctions, Sarah H. Cleveland
Norm Internalization And U.S. Economic Sanctions, Sarah H. Cleveland
Faculty Scholarship
The fifty years since the adoption of the Universal Declaration of Human Rights have seen a revolution in the promulgation and universalization of human and labor rights. Human rights conventions have proliferated in the areas of civil and political rights, social and economic rights, and the rights of women, children, minorities, and refugees. Many of these conventions have been ratified by a majority of the nations of the world. International monitoring of human and labor rights compliance is conducted by international institutions such as the U.N. Human Rights Commission and the International Labour Organization (ILO), by regional entities such as …