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2000

Human rights

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Articles 1 - 30 of 36

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 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 ...


The Effect Of A Domestic Amnesty On The Ability Of Foreign States To Prosecute Alleged Perpetrators Of Serious Human Rights Violations, Roman Boed Apr 2000

The Effect Of A Domestic Amnesty On The Ability Of Foreign States To Prosecute Alleged Perpetrators Of Serious Human Rights Violations, Roman Boed

Cornell International Law Journal

No abstract provided.


The Lawful Scope Of Human Rights Criteria In World Bank Credit Decisions: An Interpretive Analysis Of The Ibrd And Ida Articles Of Agreement, John D. Ciorciari Apr 2000

The Lawful Scope Of Human Rights Criteria In World Bank Credit Decisions: An Interpretive Analysis Of The Ibrd And Ida Articles Of Agreement, John D. Ciorciari

Cornell International Law Journal

No abstract provided.


Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee Apr 2000

Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Law And Politics Of The Pinochet Case, Michael Byers Apr 2000

The Law And Politics Of The Pinochet Case, Michael Byers

Duke Journal of Comparative & International Law

No abstract provided.


Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights Jan 2000

Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights

Fordham Urban Law Journal

This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.


The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus Jan 2000

The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus

ILSA Journal of International & Comparative Law

For nearly ten years, human rights advocates have tried to focus public attention on Kosovo.


Human Rights Environment And Development In South Asia, Ali M. Qazilbash Jan 2000

Human Rights Environment And Development In South Asia, Ali M. Qazilbash

ILSA Journal of International & Comparative Law

The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.


Evolving Human Rights Norms Around Sexuality, Kristen L. Walker Jan 2000

Evolving Human Rights Norms Around Sexuality, Kristen L. Walker

ILSA Journal of International & Comparative Law

International human rights law has only very recently begun to address issues of sexual identity.


Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham Jan 2000

Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham

ILSA Journal of International & Comparative Law

Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom.


Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana Jan 2000

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 ...


Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias Jan 2000

Human Rights, Environment And Development In South Asia: The Importance Of International Human Rights Law, Clarence J. Dias

ILSA Journal of International & Comparative Law

At first blush, development would appear to be the prime vehicle for promoting realization of human rights such as the right to an adequate standard of living; rights of education, food, and housing; the right to work; and the right to social security.


Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon Jan 2000

Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon

Villanova Law Review

No abstract provided.


The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham Jan 2000

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 Jan 2000

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 Jan 2000

Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno

Human Rights Brief

No abstract provided.


Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya Jan 2000

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Articles

No abstract provided.


Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope E. Andrews Jan 2000

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope E. Andrews

Villanova Law Review

No abstract provided.


Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter Jan 2000

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

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 Jan 2000

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.


A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv Jan 2000

A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv

Cornell International Law Journal

No abstract provided.


Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela Jan 2000

Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela

Fordham Urban Law Journal

This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.


The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams Jan 2000

The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams

Seattle University Law Review

In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to ...


Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas Jan 2000

Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas

Cleveland State Law Review

Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.


Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer Jan 2000

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 ...


Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich Jan 2000

Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich

Indiana Journal of Global Legal Studies

No abstract provided.


A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews Jan 2000

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.


Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush Jan 2000

Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush

UF Law Faculty Publications

This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus ...


Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol Jan 2000

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 ...


Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer Jan 2000

Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer

Scholarly Works

An urgent human rights crisis at home is under close scrutiny by diverse groups including the United Nations, non-governmental organizations, the U.S. Department of Justice, and public interest lawyers. Within the context of a prison population explosion that dwarfs that of the rest of the world, the undeveloped status of international human rights in U.S. domestic jurisprudence becomes more evident. Within prison populations, increasing numbers of women’s lives are reduced to half-lives under the tortuous effects of sexual abuse by corrections officials. This dire situation presents the question: Can women prisoners continue to be denied the protections ...