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Articles 1 - 14 of 14
Full-Text Articles in Law
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
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 …
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Faculty Scholarship
In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Publications
No abstract provided.
Who Asked You?: The Appropriateness Of U.S. Leadership In Promoting Religious Freedom Worldwide, Nichol J. Starr
Who Asked You?: The Appropriateness Of U.S. Leadership In Promoting Religious Freedom Worldwide, Nichol J. Starr
Vanderbilt Journal of Transnational Law
Government endorsed and government imposed religious persecution is a growing phenomenon worldwide. From Central America to the Far East, people are arrested, tortured, and even killed for having and expressing their faith, despite the existence of universal covenants expressing acceptance of religious differences as among the most basic of human rights. Seeing the apparent futility of U.N. and other international efforts to curb such persecution, the U.S. Congress in 1998 passed the International Religious Freedom Act. Faith-based religious persecution--and the United States' role in combating it--first took center stage in American politics during the IRFA's passage, and most recently has …
Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent
Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent
Vanderbilt Journal of Transnational Law
This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …
A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews
A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews
Articles & Chapters
An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.
Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer
Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer
Journal Articles
But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …
Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol
Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol
UF Law Faculty Publications
Sex, race, gender, sexuality, color, religion, language, nationality, ethnicity, culture, poverty - socially constructed categories, social tropes that relegate "others" to subordinated positions in the varied and various cultural and economic marketplaces of both global and local societies. Richard Delgado's transformational work engages all of these tropes insightfully, disturbingly, and illuminatingly. His rich literature conceptualizes persons as multidimensional, complex beings and exposes society as the pre-fabricated stage in which diverse interactions evolve. Delgado's epistemological stance is fluid, non-rigid, and grounded on subjectivity.
In this essay I will focus on Delgado's latest book When Equality Ends: Stories About Race and Resistance. …
The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham
The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham
Human Rights Brief
No abstract provided.
Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller
Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller
Human Rights Brief
No abstract provided.
Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno
Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno
Human Rights Brief
No abstract provided.
Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter
Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter
Articles by Maurer Faculty
No abstract provided.
The Rise Or The Fall Of International Law?, Edith Brown Weiss
The Rise Or The Fall Of International Law?, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …