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Articles 1141 - 1170 of 1173
Full-Text Articles in Law
Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler
Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Politics Across Borders: Nonintervention And Nonforcible Influence Over Domestic Affairs, Lori Fisler Damrosch
Politics Across Borders: Nonintervention And Nonforcible Influence Over Domestic Affairs, Lori Fisler Damrosch
Faculty Scholarship
It is time for a fresh look at the norm of nonintervention in domestic affairs, as applied to nonforcible efforts to influence another state's internal politics. The existence of such a norm is widely proclaimed, and it is commonly assumed to be a legal obligation rather than a mere practice of comity or aspirational objective. For governments, scholars and international organs alike, the "rule" against interference in internal politics seems to be an article of faith; but despite the frequency of its incantation in international discourse, how the norm applies to nonforcible conduct is inadequately understood.
This article considers the …
Protection Of Persons (Natural And Juridical), Lung-Chu Chen
Protection Of Persons (Natural And Juridical), Lung-Chu Chen
Articles & Chapters
No abstract provided.
Human Rights, Women, And Third World Development, Winston E. Langley
Human Rights, Women, And Third World Development, Winston E. Langley
William Monroe Trotter Institute Publications
As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …
Nicaragua: United States Assistance To The Nicaraguan Human Rights Association And The Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, John Tennant
Nicaragua: United States Assistance To The Nicaraguan Human Rights Association And The Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, John Tennant
Faculty Scholarship
The question of providing aid to the Nicaraguan Resistance has been significant to United States human rights policy throughout the Reagan Administration. Although events have changed repeatedly during the winter of 1988, including a truce between the Nicaraguan Government and the Resistance and a Congressional decision not to provide military aid to the Resistance, the underlying policy issues remain constant. The Harvard Human Rights Yearbook presents two notes, infra, discussing the Military Construction Appropriations Act of 1987, which granted $100 million in aid to the Nicaraguan Resistance. The first note discusses the Nicaraguan Human Rights Association (Asociacidn Nicaraguense Pro-Derechos Humanos …
Trying To Live Forever, George J. Annas
Trying To Live Forever, George J. Annas
Faculty Scholarship
Since the case of Karen Ann Quinlan, legal actions regarding the dying have become commonplace. Unfortunately, so has legal misinformation, misapplication, fantasy, and inhumanity. We seem to have frightfully underestimated the ability of lawyers to focus on trivia and self protection, and to ignore the basic human rights of dying persons. As the authors of the Hasting Center's Guidelines declare in the introduction:
Hospital legal counsel, lawyers serving other health care institutions, and legal advisors to individual health care professionals have a critical role to play in seeing that medicine is not driven by law, and health care professionals are …
An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley
An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley
Scholarly Works
The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …
Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson
Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This law journal note dating from the Central American civil wars of the 1980's discusses ways in which the US Congress could impose detailed action requirements related to human rights as a condition of continuing US military assistance to the government of El Salvador.
Political Developments And Human Rights In The People's Republic Of China, Hungdah Chiu
Political Developments And Human Rights In The People's Republic Of China, Hungdah Chiu
Congressional Testimony
Hearings before the Subcommittee on Human Rights and International Organizations and the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Affairs, House of Representatives. 99th Congress, 1st Session, 1985.
International Human Rights And Cultural Relativism, Fernando R. Tesón
International Human Rights And Cultural Relativism, Fernando R. Tesón
Scholarly Publications
I will argue that cultural relativism cannot be reconciled with the recognition in international law of fundamental rights of the individual. Part II will demonstrate that positive international law does not recognize cultural diversity as a justification for the failure to observe human rights. In Part HI, I will argue further that ethical relativism is a philosophically untenable position. Part IV includes a brief exposition on and critique of two by-products of relativism: the elitist and conspiracy theories of human rights. Finally, Part V sets forth some general conclusions.
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
Publications
No abstract provided.
Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher
Human Rights, U.S. Foreign Policy, And Haitian Refugees, John Scanlan, Gilburt Loescher
Articles by Maurer Faculty
No abstract provided.
Refusal Of Lifesaving Treatment For Minors, George J. Annas
Refusal Of Lifesaving Treatment For Minors, George J. Annas
Faculty Scholarship
I feel very comfortable talking about human rights, civil rights, the role of individual privacy, autonomy, and dignity in making decisions about oneself. Yesterday's topics concerning adults and privacy, however, were much easier than today's, which deal with children. It's not difficult to argue for the right of competent adults, whether it be in Texas' or California,2 to make their own decisions. As much as we may or may not agree with their decisions, at least arguing that -competent individuals like Dax Cowart and Elizabeth Bouvia have a right to make their own decisions makes a lot of sense; the …
The Frolova Case: A Practitioner's View, Anthony D'Amato
The Frolova Case: A Practitioner's View, Anthony D'Amato
Faculty Working Papers
The Frolova case may provide a substantial basis for continuing a trend away from the unfortunate decision in Banco Nacional de Cuba v. Sabbatino which may some day be viewed as the Alast gasp@ of the act of state doctrine as an impediment to the realization of the international rule of law.
Human Rights And The Free Flow Of Information, Lung-Chu Chen
Human Rights And The Free Flow Of Information, Lung-Chu Chen
Articles & Chapters
"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni
Scholarly Works
No abstract provided.
Review Of Human Rights, Pnina Lahav
Review Of Human Rights, Pnina Lahav
Faculty Scholarship
This small volume, mostly of essays presented at the World Congress of the International Association for Philosophy of Law and Social Philosophy held in Australia in 1977, addresses a random sample of the many faces of human rights.
The Problem Of Public Pretense, Richard Stith
The Problem Of Public Pretense, Richard Stith
Law Faculty Publications
No abstract provided.
The Right To Life, George P. Fletcher
The Right To Life, George P. Fletcher
Faculty Scholarship
In the theory of rights we repeatedly encounter the problem of reconciling someone's having a right with his properly suffering damage to the interest protected by the right. In the case of right to life, we have to assess numerous cases in which individuals are killed or allowed to die, and we wish nonetheless to affirm their right to life. These cases include killing an aggressor in self-defense, accidental homicide, terminating life-sustaining therapy, and capital punishment.
My program in this Article is to provide an account of how it is that those with a right to life may nonetheless be …
Toward Freedom From Value, Richard Stith
Toward Freedom From Value, Richard Stith
Law Faculty Publications
No abstract provided.
The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen
The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen
Other Publications
No abstract provided.
Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Social Setting Of Human Rights: The Process Of Deprivation And Non-Fulfillment Of Values, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen
The Social Setting Of Human Rights: The Process Of Deprivation And Non-Fulfillment Of Values, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Human Rights For Women And World Public Order: The Outlawing Of Sex-Based Discrimination, Myres Mcdougal, Harold Lasswell, Lung-Chu Chen
Human Rights For Women And World Public Order: The Outlawing Of Sex-Based Discrimination, Myres Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Medical Remedies And Human Rights: Why Civil Rights Lawyers Must Become Involved In Medical Decision-Making, George J. Annas
Medical Remedies And Human Rights: Why Civil Rights Lawyers Must Become Involved In Medical Decision-Making, George J. Annas
Faculty Scholarship
As recently as the turn of the century a random patient meeting a random physician had less than a 50:50 chance of benefiting from the encounter. Physicians were just beginning to emerge from the era when they were essentially tradesmen, often with little more to offer their patients than comfort and company during illness and death. The principal causes of mortality were the infectious diseases against which the medical community stood impotent. There were few medical schools, few diagnostic tests, no specific treatment of disease, and no specialization of physicians. In the words of former AMA president Dwight L. Wilbur, …
Human Rights In The United States: Two Decades' Development, David S. Bogen
Human Rights In The United States: Two Decades' Development, David S. Bogen
Faculty Scholarship
No abstract provided.
Foreword, Charles E. Rice, Robert E. Rodes
Foreword, Charles E. Rice, Robert E. Rodes
Journal Articles
During the past several years the NATURAL LAW FORUM has achieved a distinctive and honored place among legal and philosophical journals. This has primarily been due to the diligent efforts of the board of editors under the leadership first of Professor Anton-Hermann Chroust and more recently Professor John Noonan as editors and of Professor Andrew T. Smithberger as managing editor. This degree of excellence was continued with the first issue of the FORUM under its new name of THE AMERICAN JOURNAL OF JURISPRUDENCE.
With the resignation of Professor Noonan the Board of Editors has appointed us co-editors of THE AMERICAN …