Law Commons^™

Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri

Law Faculty Publications

Muslims take spirituality very seriously and would be willing to put up with a great deal of pain and suffering rather than abandon this fundamental disposition. Additionally, many Muslims have an intuitive belief that it is not religion which is at fault, but those in power. Consequently, they continue to search for the spiritually acceptable solution. In the meantime, Western NGOs offer no more than lightly-modified Western secular solutions, sometimes thinly disguised with religious rhetoric.

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

Journal Articles

Article by Martin Rhonheimer, translated by Paolo G. Carozza.

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Looking Past The Human Rights Committee: An Argument For De-Marginalizing Enforcement, Makau Wa Mutua

Journal Articles

No abstract provided.

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland

Faculty Scholarship

Are labor rights human rights? Are some worker rights so fundamental that must be respected by all nations, and all corporations, under all circumstances? If so, who has the authority to define such rights, and how should they be enforced? What is the effect on the global economy of enforcing international worker rights? These are some of the questions confronted by the authors of Human Rights, Labor Rights, and International Trade, a compilation of essays by an international group of scholars, labor rights activists, and corporate executives addressing contemporary topics in the dialectic among labor, trade, and human rights.

Customary International Law, S. James Anaya

Publications

No abstract provided.

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …