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Articles 1 - 30 of 33
Full-Text Articles in Law
Debating The Issues, Kenneth Roth, Robert F. Turner
Debating The Issues, Kenneth Roth, Robert F. Turner
International Law Studies
No abstract provided.
Interview With Mahmoud Akkam, Syria, Marcel Stuessi
Interview With Mahmoud Akkam, Syria, Marcel Stuessi
Marcel Stüssi
This is a previously unpublished interview with Mahmoud Akkam, Mufti of Aleppo, Syria
Can The President Be Torturer In Chief?., Harold Hongju Koh
Can The President Be Torturer In Chief?., Harold Hongju Koh
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Tolerated Terror: Mexico's Failure To Punish Gender-Based Violence In Ciudad Juarez And Potential Avenues For Relief Under U.S. Asylum Law, Timothy Atler
Student Thesis Honors (1996-2008)
This paper examines the phenomenon of gender-related violence in Ciudad Juarez, Mexico and surveys what legal mechanisms exist to protect the human rights of the women who are being targeted there. The first section of the paper presents background information regarding the violence in Ciudad Juarez. This section first explores the historical and economic developments in Mexico that led to the migration of thousands of young, rural women to Ciudad Juarez. I then discuss the nature of the violence against these women in Ciudad Juarez as it has been reported by human rights agencies, journalists and scholars. Finally, I survey …
Legal And Tactical Dilemmas Inherit In Fighting Terror: Experience Of The Israeli Army In Jenin And Bethlehem (April-May 2002), Alan Baker
International Law Studies
No abstract provided.
Civil Liberties V National Security In Times Of Crisis: The Past Use Of Internment Without Trial In The United States And The United Kingdom And The Lessons For The Ongoing 'War On Terror.' , Richard D. Donald
ExpressO
History teaches that, in time of crisis, we have often sacrificed fundamental freedoms unnecessarily. The Executive and Legislative Branches, reflecting public opinion formed in the heat of the moment, frequently have overestimated the need to restrict civil liberties. This has been especially true in regards to internment without trial. Neither novel nor normal, internment is an emergency measure which has regularly been employed in times of national crisis. Through an examination of two historical models this project aims to identify some the difficulties associated with the application of a policy of internment. Given it’s ongoing use around the world in …
Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma
Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma
Saumya Uma
This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'
Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma
Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma
Saumya Uma
This is a Hindi translation of the English publication 'Combating Impunity'
The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Cherif Bassiouni
The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Cherif Bassiouni
Georgia State University Law Review
No abstract provided.
Inside The Outsider: Critical Race Theory Against Human Rights?, Eric Heinze
Inside The Outsider: Critical Race Theory Against Human Rights?, Eric Heinze
ExpressO
This article examines disturbing contradictions within critical race theory. Critical race theorists, such as Mari Matsuda, Richard Delgado, or Charles Lawrence, maintain that legal norms cannot be taken at face value, but must instead be understood in historical and social context. For example, the Fourteenth Amendment was adopted to guarantee ‘equal protection of the law’ to all citizens. However, on its face, that norm reveals little about the brutality and exclusion that ethnic minorities subsequently experienced, often with the complicity of legislatures and courts.
Matsuda applies that analysis to hate speech in the 1993 collection Words That Wound, which remains …
The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson
The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle
What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle
Eric A. Engle
Though in theory shareholders have several ways to influence their corporation's behavior, in practice they generally cannot. This may explain the absence of literature on binding governance mechanisms to protect human rights: remedies which theoretically exist are ineffective in practice. To remedy this problem, this article recommends that the few existing mechanisms should be used whenever possible, reformed to become better, and that the SEC should require companies to report on their human rights, environmental, and labor elations practices because that information is material to investment decisions. The risks can be shown in terms of cold cash: corporations which violate …
Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown
American University International Law Review
No abstract provided.
The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown
The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown
Articles
The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic legal reasoning, but it gives insight into the Court's views with respect to civil and political rights. The case also …
Whose Job Is It Anyway?: Governmental Obligations Created By The Human Right To Water, Amy Hardberger
Whose Job Is It Anyway?: Governmental Obligations Created By The Human Right To Water, Amy Hardberger
Faculty Articles
The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary international law.
If the human right to water becomes an accepted norm of international law, there could be differing consequences for governments. A human right is enforceable by a citizen against her government by investigating intragovernmental responsibilities in different contexts, including times of peace and more complicated relationships, such as those created in times of conflict or belligerent occupation. Different …
Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii
Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii
Fordham Law Review
No abstract provided.
Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh
Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh
Articles, Book Chapters, & Popular Press
Genetic research involving indigenous populations provokes many legal, ethical and cultural issues. Arguably, of these issues, two dominate the literature. The first is whether human genetic materials are or ought to be patentable, which is often argued against on the basis that such patents offend human dignity generally and are culturally offensive to many indigenous peoples. The second is whether researchers must obtain informed consent from representatives of indigenous groups as a whole before attempting to obtain consent for participation from individual members of that group. I argue that there is limited benefit in continuing to debate the patentability of …
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Book Review: Gary Botting, Extradition Between Canada And The United States (Ardsley: Transnational Publishers, 2005), Robert Currie
Articles, Book Chapters, & Popular Press
Both domestic and international laws regarding the extradition of fugitive criminal offenders are in a state of flux throughout the world. The current legal landscape reflects tension between the interest of state authorities in promoting “security,” on the one hand, and increasing recognition that human rights obligations are at play, on the other. Gary Botting’s book, Extradition Between Canada and the United States, successfully addresses this tension by way of a detailed examination of what is probably the most integrated extradition partnership outside the European Union.
Assessing Human Trafficking In Canada Flawed Strategies And The Rhetoric Of Human Rights, Constance Macintosh
Assessing Human Trafficking In Canada Flawed Strategies And The Rhetoric Of Human Rights, Constance Macintosh
Articles, Book Chapters, & Popular Press
This paper will present the argument that Canada’s rhetoric of protecting the human rights of trafficking victims is at odds with its practice. Trafficking victims are treated essentially the same as any other irregular migrant, and the specter of trafficking is invoked to justify acts which arguably violate Canada’s international human rights obligations. This paper will offer an overview of what little information is available regarding the extent of trafficking in Canada, and then will conduct a close examination of the Canadian approach to trafficking and its victims. In addition to considering the logic and consequences of the Canadian strategy …
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Impoverishment Of Displacement: Models For Documenting Human Rights Abuses And The People Of Diego Garcia, David Vine
Human Rights Brief
No abstract provided.
Legislative Watch, Ryan Vogel
Will The Human Rights Council Have Better Membership Than The Commission On Human Rights?, Lawrence C. Moss
Will The Human Rights Council Have Better Membership Than The Commission On Human Rights?, Lawrence C. Moss
Human Rights Brief
No abstract provided.
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins
Human Rights Brief
No abstract provided.
Legislative Watch, Ryan Vogel
Legislative Watch, Edward Babayan
Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein
Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein
Faculty Publications
No abstract provided.
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch
NYLS Law Review
No abstract provided.
Misery And Mypoia: Understanding The Failures Of U.S. Efforts To Stop Human Trafficking , Jennifer M. Chacon
Misery And Mypoia: Understanding The Failures Of U.S. Efforts To Stop Human Trafficking , Jennifer M. Chacon
Fordham Law Review
No abstract provided.
The Evolution Of International Indigenous Rights In The Inter-American Human Rights System, Jo Pasqualucci
The Evolution Of International Indigenous Rights In The Inter-American Human Rights System, Jo Pasqualucci
Jo Pasqualucci
No abstract provided.