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2000

Human Rights Law

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Full-Text Articles in Law

U.S. Workers’ Rights Are Being Abused, Lance A. Compa Oct 2000

U.S. Workers’ Rights Are Being Abused, Lance A. Compa

Articles and Chapters

[Excerpt] The 200-page Human Rights Watch report is based on case studies across a range of industries, occupations and regions of the United States. The report recognizes that U.S. workers generally do not confront gross human rights violations where death squads assassinate union activists or collective bargaining is outlawed. But the absence of systematic government repression does not mean that workers have effective exercise of the right to freedom of association. The case studies in the Human Rights Watch report uncover a distressing pattern of threats, harassment, spying, firings and other reprisals against worker activists and a labor law ...


Turks, Armenians, And Genocide: Is Genocide Foreign To Foreign Policy?, Editor Oct 2000

Turks, Armenians, And Genocide: Is Genocide Foreign To Foreign Policy?, Editor

International Bulletin of Political Psychology

This article describes difficulties in forging foreign policy consensus on preventing, attenuating, or intervening to stop genocide.


Trends. Sending Messages: The Fate Of Slobodan Milosevic, Editor Oct 2000

Trends. Sending Messages: The Fate Of Slobodan Milosevic, Editor

International Bulletin of Political Psychology

As President Vojislav Kostunica continues to attempt to consolidate his political power throughout Yugoslavia, controversy still rages as to the fate of the former president, Slobodan Milosevic. Of special interest is whether he should be forced to stand trial at The Hague as an indicted war criminal.

This article discusses arguments for and against Milosevic standing trial.


Colombia: The Ignored Humanitarian Crisis, Alexandra De La Asuncion Oct 2000

Colombia: The Ignored Humanitarian Crisis, Alexandra De La Asuncion

University of Miami Inter-American Law Review

No abstract provided.


Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss Oct 2000

Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss

Washington Law Review

The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed ...


Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day Oct 2000

Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day

UF Law Faculty Publications

As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits.

A forward-looking examination of the link between status ...


Rethinking The History Of American Freedom, Michael J. Klarman Oct 2000

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Oct 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Michigan Law Review

In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that ...


Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol Oct 2000

Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay originated with a panel on Alternatives to the Regular Courts that took place during the first Legal and Policy Issues in the Americas conference sponsored by the University of Florida Levin College of Law. Some of the possible alternatives to the courts, in the trade field, that have been discussed include mediation, arbitration, constitutional courts and binational dispute panels. This essay reflects upon another alternative to domestic courts that progressively and increasingly is also being invoked in the trade context: international and regional human rights regimes.

I specifically will review the Inter-American Human Rights System to ascertain the ...


Trends. After The Election: Milosevic Myths, Editor Sep 2000

Trends. After The Election: Milosevic Myths, Editor

International Bulletin of Political Psychology

This article discusses the defeat of Slobodan Milosevic in his re-election attempt in 2000, as well as the subsequent political balance in Yugoslavia.


Modern Day Slavery: The Trafficking Of Women To The United States, Margaret Murphy Sep 2000

Modern Day Slavery: The Trafficking Of Women To The United States, Margaret Murphy

Buffalo Women's Law Journal

No abstract provided.


The Public Womb: Women Under China's One-Child Policy, Rachael Savanyu Sep 2000

The Public Womb: Women Under China's One-Child Policy, Rachael Savanyu

Buffalo Women's Law Journal

No abstract provided.


Nafta's Contribution To The Discrimination Of Mexican Women In The Maquiladoras, Jennifer Mandina Sep 2000

Nafta's Contribution To The Discrimination Of Mexican Women In The Maquiladoras, Jennifer Mandina

Buffalo Women's Law Journal

No abstract provided.


Re-Conceiving "Third World" Legitimate Governance Struggles In Our Time: Emergent Imperatives For Rights Activism, Obiora Chinedu Okafor Sep 2000

Re-Conceiving "Third World" Legitimate Governance Struggles In Our Time: Emergent Imperatives For Rights Activism, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

No abstract provided.


The Nature And Minimum Standards Of Freedom Of Religion Or Belief, Natan Lerner Sep 2000

The Nature And Minimum Standards Of Freedom Of Religion Or Belief, Natan Lerner

BYU Law Review

No abstract provided.


Human Rights And Sustainable Development In Contemporary Africa: A New Dawn, Or Retreating Horizons?, J. Oloka-Onyango Sep 2000

Human Rights And Sustainable Development In Contemporary Africa: A New Dawn, Or Retreating Horizons?, J. Oloka-Onyango

Buffalo Human Rights Law Review

No abstract provided.


The African Commission On Human And Peoples' Rights: Eleven Years After, Udeme Essien Sep 2000

The African Commission On Human And Peoples' Rights: Eleven Years After, Udeme Essien

Buffalo Human Rights Law Review

No abstract provided.


Trading Indigenous Rights: The Nafta Side Agreements As An Impetus For Human Rights Enforcement, David P. Kelly Sep 2000

Trading Indigenous Rights: The Nafta Side Agreements As An Impetus For Human Rights Enforcement, David P. Kelly

Buffalo Human Rights Law Review

No abstract provided.


Tinkering With The Machinery Of Death: Understanding Why The United State's Use Of The Death Penalty Violates Customary International Law, Michelle Mckee Sep 2000

Tinkering With The Machinery Of Death: Understanding Why The United State's Use Of The Death Penalty Violates Customary International Law, Michelle Mckee

Buffalo Human Rights Law Review

No abstract provided.


The Access To Justice Bill And Human Rights Act Of 1998: Britain's Legislative Overhaul Leaves The System Scrambling To Mend The Safety Net, Margot Penfold Schoenborn Sep 2000

The Access To Justice Bill And Human Rights Act Of 1998: Britain's Legislative Overhaul Leaves The System Scrambling To Mend The Safety Net, Margot Penfold Schoenborn

Buffalo Human Rights Law Review

No abstract provided.


Buying A Wife But Saving A Child: A Deconstruction Of Popular Rhetoric And Legal Analysis Of Mail-Order Brides And Intercountry Adoptions, Ryiah Lilith Sep 2000

Buying A Wife But Saving A Child: A Deconstruction Of Popular Rhetoric And Legal Analysis Of Mail-Order Brides And Intercountry Adoptions, Ryiah Lilith

Buffalo Women's Law Journal

No abstract provided.


Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann Sep 2000

Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann

BYU Law Review

No abstract provided.


A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn Sep 2000

A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn

BYU Law Review

No abstract provided.


Is There A Measure On Earth?: Sacred Possibilities For The Secular Discourse On Human Rights, Mieke Holkeboer Sep 2000

Is There A Measure On Earth?: Sacred Possibilities For The Secular Discourse On Human Rights, Mieke Holkeboer

BYU Law Review

No abstract provided.


Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies Sep 2000

Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies

BYU Law Review

No abstract provided.


Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin Sep 2000

Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin

BYU Law Review

No abstract provided.


Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo Sep 2000

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

BYU Law Review

No abstract provided.


Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie Sep 2000

Applying A Gender Perspective In The Area Of The Right To Freedom Of Religion Or Belief, Bahia Tahzib-Lie

BYU Law Review

No abstract provided.


Zoned For Residential Uses"-Like Prayer? Home Worship And Municipal Opposition In Leblanc-Sternberg V. Fletcher, John M. Smith Sep 2000

Zoned For Residential Uses"-Like Prayer? Home Worship And Municipal Opposition In Leblanc-Sternberg V. Fletcher, John M. Smith

BYU Law Review

No abstract provided.


The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston Sep 2000

The Development Of Religious Liberty In Chile, 1973-2000, Patrick J. Thurston

BYU Law Review

No abstract provided.