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Death Squads In The United States: Confessions Of A Government Terrorist, Ward Churchill Jan 1992

Death Squads In The United States: Confessions Of A Government Terrorist, Ward Churchill

Yale Journal of Law and Liberation

During the first half of the 1970s, the American Indian Movement (AIM) came to the forefront of a drive to realize the rights of treaty-guaranteed national sovereignty on behalf of North America's indigenous peoples. For the government and major corporate interests of the United States, this liberatory challenge represented a considerable threat. On the one hand, Indians possess clear legal and moral rights to the full exercise of self-determination; on the other hand, their reserved land base contains substantial quantities of critical mineral resources. More than half of all known "domestic" U.S. uranium reserves lie within the boundaries ...


Farmers, Growers And The Department Of Labor: The Inequality Of Balance In The Temporary Agricultural Worker Program, Sarah Delone Jan 1992

Farmers, Growers And The Department Of Labor: The Inequality Of Balance In The Temporary Agricultural Worker Program, Sarah Delone

Yale Journal of Law and Liberation

No abstract provided.


Coming Out For Gay Rights, Thelton E. Henderson Jan 1992

Coming Out For Gay Rights, Thelton E. Henderson

Yale Journal of Law and Liberation

Often at a gathering such as this one there is a natural tendency to focus on the issues facing our own communities. Speakers at a discussion on gay and lesbian issues might discuss topics such as AIDS, the rights of domestic partners, or ways to eliminate sexual orientation discrimination. Speakers at a discussion focusing on African-American issues might discuss affirmative action, black unemployment, or the problems of drugs in the black community. However, rarely does either community discuss issues of common concern such as the unique problems faced by Black gays and lesbians, or of the need to eliminate hate ...


Looking Beyond The Numbers: African Americans And Criminal Justice, Thelton E. Henderson Jan 1992

Looking Beyond The Numbers: African Americans And Criminal Justice, Thelton E. Henderson

Yale Journal of Law and Liberation

No judge, and certainly no Black judge, can help but be distressed and depressed on sentencing day. I conduct sentencing on Monday afternoon. These are afternoons spent sitting in a courtroom filled with mostly young Black males, waiting to be sentenced. Unfortunately, Monday afternoons are the one time during the week when I take the bench in my courtroom and look out not upon the customary sea of white faces, but instead upon a room full of many faces not unlike my own.


Notes Under Curfew: West Coast Riots Indict Both Right And Left, Anthony K. Jones Jan 1992

Notes Under Curfew: West Coast Riots Indict Both Right And Left, Anthony K. Jones

Yale Journal of Law and Liberation

In this country, two big illusions get people through the night: the Mighty State and the American Left. Some folks enjoy the idea of a Big Brother keeping them safe from the masses; others sleep soundly imagining a Left Opposition keeping them safe from Big Brother. But the "Rodney King"uprisings in L.A. (and here in the Bay Area) have exposed us all, leaving both sets of people cringing in the firelight, our precious myths melted by the heat of L.A. burning.


Of Love And Liberation: A Review Of Breaking Bread, Adrienne D. Davis Jan 1992

Of Love And Liberation: A Review Of Breaking Bread, Adrienne D. Davis

Yale Journal of Law and Liberation

The label "Black intellectual" may be either oxymoronic or redundant, depending on the content one ascribes to the term and the historic context in which it is situated.


Behind The Sexual Division Of Labor: Connecting Sex To Capitalist Production, Heidi Tinsman Jan 1992

Behind The Sexual Division Of Labor: Connecting Sex To Capitalist Production, Heidi Tinsman

Yale Journal of International Law

Sex still sells. It was standing room only at the Panel entitled "The International Sexual Exploitation of Women: Prostitution, Surrogacy, and Commercial Marriage." The preceding Panels, though thoughtful and provocative, did not generate the same degree of interest. Panel IV apparently struck a different chord than did previous discussions on subsistence farming and domestic service, maquiladora unions and GATT treaties: Sex-work seemed unique, if not titillating. But just what is so unique about sex-work? Why do surrogacy and bride-selling pose problems different from those raised by garment-making and grape-picking? Why does the prostitute epitomize the most exploited woman? "Female sexuality ...


The Coming Of Age Of Ec Competition Policy, Wayne D. Collins Jan 1992

The Coming Of Age Of Ec Competition Policy, Wayne D. Collins

Yale Journal of International Law

COMPETITION POLICY AND MERGER CONTROL IN THE SINGLE EUROPEAN MARKET. By Sir Leon Brittan. Cambridge: Grotius Publications Limited, 1991. Pp. xi, 56.

Sir Leon Brittan, the primary force today in European Community competition policy, serves as a vice-president of the European Commission and as the commissioner charged with overseeing financial institutions and competition matters. Nominated to the Commission in 1986 by the United Kingdom after service as Chief Secretary to the Treasury, Home Secretary, and Trade and Industry Secretary, Brittan rapidly became a major voice in and for the Community. In the Hersch Lauterpacht Memorial Lectures, delivered at Cambridge University ...


The New Italian Code Of Criminal Procedure: The Difficulties Of Building An Adversarial Trial System On A Civil Law Foundation, William T. Pizzi, Luca Marafioti Jan 1992

The New Italian Code Of Criminal Procedure: The Difficulties Of Building An Adversarial Trial System On A Civil Law Foundation, William T. Pizzi, Luca Marafioti

Yale Journal of International Law

On October 24, 1989, the Republic of Italy adopted a new Code of Criminal Procedure incorporating significant adversarial procedures into what had previously been a purely inquisitorial system. The architects of the new Code hope that giving the parties, rather than a judge, primary control over the investigation and resolution of cases will yield much-needed efficiencies: Italy, like all Western countries, is burdened with a tremendous backlog of criminal cases that its old inquisitorial system proved unable to handle.


Expanding Judicial Scrutiny Of Human Rights In Extradition Cases After Soering, Michael P. Shea Jan 1992

Expanding Judicial Scrutiny Of Human Rights In Extradition Cases After Soering, Michael P. Shea

Yale Journal of International Law

In the Soering Case, the European Court of Human Rights (European Court) held that Great Britain would violate the European Convention on Human Rights (European Convention) if it extradited Jens Soering to the United States to face murder charges and a potential death sentence. The decision captured world attention because the case had tabloid appeal-U.S. prosecutors believed Soering had collaborated with Elizabeth Haysom, his girlfriend and the heiress to the Astor steel fortune, to murder her parents-and because the decision condemned as inhuman and degrading the conditions on death row in U.S. prisons.


Contents Jan 1992

Contents

Yale Journal of International Law

No abstract provided.


Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson Jan 1992

Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson

Yale Journal of International Law

The United States is not usually regarded as a timid prosecutor. Indeed, U.S. enthusiasm for extraterritorial criminal jurisdiction has prompted criticism that "a proselytizing spirit" and a "sense of imperial mission" motivate U.S. practice. Nevertheless, the United States is one of the least aggressive proponents of one of the most widely accepted forms of extraterritorial jurisdiction: nationality-based criminal jurisdiction, or criminal jurisdiction based on the nationality of the offender. Consequently, when a U.S. national commits a violent crime in a state that subsequently does not prosecute, the U.S. offender avoids prosecution altogether because the United States ...


Women At Work, Rights At Risk-Toward The Empowerment Of Working Women, Theresa A. Amato Jan 1992

Women At Work, Rights At Risk-Toward The Empowerment Of Working Women, Theresa A. Amato

Yale Journal of International Law

The International Labour Organisation (ILO) tells us that we live in a world where the concept of human rights, including labor rights, is widely accepted. We live in a world where governments are sensitive to international opinion. But we also live in a world where worker rights violations are more widespread than ever before. The rights of working women must be assessed in this context. The proportion of women in the global workforce continues to increase. Further, the global community has begun to recognize as work categories of traditional women's activity that have not previously been included in definitions ...


International Labor Standards And Instruments Of Recourse For Working Women, Lance Compa Jan 1992

International Labor Standards And Instruments Of Recourse For Working Women, Lance Compa

Yale Journal of International Law

The special concerns of the growing number of women entering the global workforce are shaping the development of international labor law. Yet the specialized rules governing the rights of women often conflict with more generalized norms promoting equality in the workplace. This paper identifies a fundamental tension facing labor advocates and human rights groups supporting the rights of working women. International labor law must resolve the tension between standards that protect women and those that promote equality of opportunity.


Women In Global Production And Worker Rights Provisions In U.S. Trade Laws, Karen F. Travis Jan 1992

Women In Global Production And Worker Rights Provisions In U.S. Trade Laws, Karen F. Travis

Yale Journal of International Law

Over the past decade, several U.S. trade laws have, for the first time in recent U.S. history, linked international trade benefits to respect for labor rights. Several of the worker rights provisions incorporated in these statutes mirror two of the three categories of fundamental worker rights delineated by the International Labour Organisation (ILO). However, worker rights-linked trade laws are starkly silent with respect to the third category of fundamental rights specified by the ILO: equality of opportunity and treatment, including freedom from gender-based discrimination in the workplace. Thus U.S. trade laws contain no provisions explicitly aimed at ...


Preventing Human Rights Abuses In The U.S. Garment Industry: A Proposed Amendment To The Fair Labor Standards Act, Dennis Hayashi Jan 1992

Preventing Human Rights Abuses In The U.S. Garment Industry: A Proposed Amendment To The Fair Labor Standards Act, Dennis Hayashi

Yale Journal of International Law

On July 17, 1991, four hundred fifty garment workers employed by Raymond and Yee Nor Kong found the doors to their workplace padlocked. These workers had no prior notice that the nine shops owned by the Kongs were about to go out of business. For the workers, the closure of the shops meant more than the suspension of future income. The Kongs had not paid them for two months, claiming that money was tight and that compensation would follow when cash became available. The Kongs had borrowed substantial sums from their employees, threatening to terminate workers who would not lend ...


African American Women And "Typically Female," Low-Wage Jobs: Is Litigation The Answer?, Charlotte Rutherford Jan 1992

African American Women And "Typically Female," Low-Wage Jobs: Is Litigation The Answer?, Charlotte Rutherford

Yale Journal of International Law

Many people expected the elimination of racial stereotypes and job barriers to improve economic conditions for both African American men and women in the labor market. Even as legal victories have opened new and better-paying jobs for African American workers, however, the level of poverty among African American families headed by working women has remained unaffected. Most of the industries newly opened to African Americans through litigation have been industries primarily employing men. African American women-who are overrepresented in service jobs, which pay less than professional or manufacturing jobs-have thus not benefitted equally from these victories in the courtroom. Historical ...


Culture, Law, And Social Policy: Changing The Economic Status Of Ghanaian Women, Gwendolyn Mikell Jan 1992

Culture, Law, And Social Policy: Changing The Economic Status Of Ghanaian Women, Gwendolyn Mikell

Yale Journal of International Law

Historically, a woman's traditional position in the home has conflicted with her ability to enter the public arena and to shape public policy. Although the rhetoric of African states suggests otherwise, this conflict has been a continual and recurrent problem for African women, both in colonial and in postcolonial times. How are African women to deal with the imbalance between public and private roles, between traditional roles and modern expectations? How are they to balance their own needs and responsibilities against the state's need to channel women's labor into export industries? Faced with these tensions, African judges ...


Noteworthy New Titles, Daniel L. Wade Jan 1992

Noteworthy New Titles, Daniel L. Wade

Yale Journal of International Law

No abstract provided.


Contents Jan 1992

Contents

Yale Journal of International Law

No abstract provided.


Taking The "Sovereign" Out Of The Foreign Sovereign Immunities Act: A Functional Approach To The Commercial Activity Exception, Joan E. Donoghue Jan 1992

Taking The "Sovereign" Out Of The Foreign Sovereign Immunities Act: A Functional Approach To The Commercial Activity Exception, Joan E. Donoghue

Yale Journal of International Law

Foreign state immunity has long been the subject of international debate. In recent decades Communist governments generally supported an absolute theory, under which a state enjoys complete immunity from the adjudicatory jurisdiction of other states, while Western governments promoted a restrictive theory, under which a state is immune from suit arising from its "sovereign" or "governmental" acts, but not from its "commercial" or "private" acts. The difference between the absolute and restrictive theories conformed to the contrasting relationship between commerce and the state in the two systems. This East-West debate is now drawing to a close, as the countries of ...


Title To The Aouzou Strip: A Legal And Historical Analysis, Matthew M. Ricciardi Jan 1992

Title To The Aouzou Strip: A Legal And Historical Analysis, Matthew M. Ricciardi

Yale Journal of International Law

In August 1987, the armed forces of Chad swept across vast stretches of desert in a series of lightning strikes that shattered an occupying Libyan army and drove it from the northern third of Chad. This operation briefly captured the Aouzou Strip, an obscure piece of territory in the northernmost part of the area, but Libyan forces recaptured it shortly afterward in a campaign marked by unusually heavy and intense fighting. Although the two states agreed to a cease-fire the following month, they have continued to dispute title to the territory, and in September 1990, they brought the matter to ...


The Right To Political Participation In International Law, Gregory H. Fox Jan 1992

The Right To Political Participation In International Law, Gregory H. Fox

Yale Journal of International Law

The 1980s and early 1990s have witnessed the extraordinary demise of authoritarian regimes once thought to be a permanent fixture of the political landscape. Defying old orthodoxies and alliances, communist governments in Eastern Europe, military juntas in Latin America, and one-party states in Africa have given way to governments chosen in free and open elections. "A tide of democratic change is sweeping the world," Professor Rustow recently declared, and the numbers bear him out. At the turn of the century only nine countries could legitimately be called "democratic," even excluding the question of women's suffrage. The number rose to ...


State-Sponsored Assassination In International And Domestic Law, Michael N. Schmitt Jan 1992

State-Sponsored Assassination In International And Domestic Law, Michael N. Schmitt

Yale Journal of International Law

Iraq's invasion of Kuwait in August 1990 rekindled a smoldering debate over the legality of state-sponsored assassination. Many thought that the casualties inevitable in a massive land assault on Iraqi forces could easily be avoided by simply killing Saddam Hussein. Indeed, air strikes targeting Saddam's command centers were often characterized as an effort to eliminate the Iraqi leader. However, when the Air Force Chief of Staff, General Michael Dugan, suggested that the death of Saddam Hussein might be a coalition objective, he was quickly dismissed.


Some Reflections On International Law And Assassination Under The Schmitt Formula, W. Michael Reisman Jan 1992

Some Reflections On International Law And Assassination Under The Schmitt Formula, W. Michael Reisman

Yale Journal of International Law

Political murder has, alas, never gone out of vogue. Is its condemnation, too, in retreat? From Iraq's invasion of Kuwait to the present, more than a few commentators and government officials have observed that several hundred thousand lives might have been spared if Saddam Hussein had been "removed." Numerous reports have indicated that during the Gulf War Saddam was a target-authorized at the highest levels-of Allied air strikes. Although General Dugan was dismissed for broadcasting this objective, it appeared that l'affaire Dugan was a case of dispatching the hapless messenger rather than the message. The substance of Dugan ...


Noteworthy New Titles, Daniel L. Wade Jan 1992

Noteworthy New Titles, Daniel L. Wade

Yale Journal of International Law

No abstract provided.


Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate Jan 1992

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Yale Journal on Regulation

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular ...


Recent Books In Regulation Jan 1992

Recent Books In Regulation

Yale Journal on Regulation

No abstract provided.


Intrastate Natural Gas Regulation: An Alternative Perspective, Richard J. Pierce Jr. Jan 1992

Intrastate Natural Gas Regulation: An Alternative Perspective, Richard J. Pierce Jr.

Yale Journal on Regulation

Professor Kelly has chosen a topic that is both timely and challenging. The major reforms in federal regulation that occurred in the 1980s have created a dynamic, competitive market in natural gas. State regulators confront a daunting task in attempting to devise appropriate changes in their methods of regulating local distribution companies (LDCs). The many difficult problems facing them have a single source: gas is a commodity, but gas service is not. An MMBtu of gas in the ground in Texas is currently worth less than a dollar. An MMBtu of gas at a particular plant site or residence at ...


Intrastate Natural Gas Regulation: Finding Order In The Chaos, Suedeen G. Kelly Jan 1992

Intrastate Natural Gas Regulation: Finding Order In The Chaos, Suedeen G. Kelly

Yale Journal on Regulation

In the mid-1980s, customers threatened to bypass local gas distribution companies in favor of other suppliers and cheaper fuels. In response, states began to reform their natural gas regulatory policies to lower delivered prices to potential bypassers. In this Article, Professor Kelly argues that the most promising means of reform is to unbundle traditional local gas utility services, that is, to make gas transportation services available to customers separately from gas retail sales services. This Article provides a thorough analysis of the unbundling policies adopted by state regulators across the nation. Through this systematic review of intrastate regulatory policies, Professor ...