Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

No Guarantee The Us Won’T Torture Again, Lauren Carasik Dec 2014

No Guarantee The Us Won’T Torture Again, Lauren Carasik

Media Presence

No abstract provided.


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali Dec 2014

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny Dec 2014

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …


Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner Nov 2014

Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart Nov 2014

The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan Nov 2014

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For The United States Joining The Covenant Family, Alfred De Zayas Nov 2014

The Potential For The United States Joining The Covenant Family, Alfred De Zayas

Georgia Journal of International & Comparative Law

No abstract provided.


United States Ratification Of The United Nations Covenants, Richard B. Lillich Nov 2014

United States Ratification Of The United Nations Covenants, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab Nov 2014

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.


United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn Nov 2014

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner Nov 2014

Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont Nov 2014

Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont

Pace International Law Review

The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …


Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik Nov 2014

Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik

Media Presence

No abstract provided.


China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack Nov 2014

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.


Release Senate Report On Cia Torture Program, Lauren Carasik Nov 2014

Release Senate Report On Cia Torture Program, Lauren Carasik

Media Presence

No abstract provided.


Hammering Down Nails, Scott M. Lenhart Oct 2014

Hammering Down Nails, Scott M. Lenhart

Georgia Journal of International & Comparative Law

No abstract provided.


Blackwater Guilty Verdict Long Overdue, Lauren Carasik Oct 2014

Blackwater Guilty Verdict Long Overdue, Lauren Carasik

Media Presence

No abstract provided.


The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum Oct 2014

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.


Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman Oct 2014

Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.


The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick Oct 2014

The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick

Georgia Journal of International & Comparative Law

No abstract provided.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker Oct 2014

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione Oct 2014

Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione

Georgia Journal of International & Comparative Law

No abstract provided.


Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe Sep 2014

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe

Nicholas A Wolfe

International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.

Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within a targeted …


The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet Sep 2014

The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet

Pace Law Review

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …


United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik Sep 2014

United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik

Media Presence

No abstract provided.


Men, Women And Children For Sale: The Dichotomy Of Human Trafficking In The United States And Abroad, Elizabeth Kolbe Aug 2014

Men, Women And Children For Sale: The Dichotomy Of Human Trafficking In The United States And Abroad, Elizabeth Kolbe

Journal of Undergraduate Research at Minnesota State University, Mankato

Living in Thailand in 2005 opened my eyes to the real plight of exploited peoples around the world. I was able to experience first-hand the economic and social issues facing potential victims of human trafficking. According to Anti-Slavery International, there are an estimated 200 million people being held in slavery worldwide. Approximately 800,000 people per year are being trafficked across international borders and forced into slavery. Like most Americans, I believed this is a horrible problem facing only people of developing countries. Last year I heard Chong Kim describe her traumatizing experience of being trafficked within the United States. Over …


Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi May 2014

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …


Human Rights For Thee But Not For Me, Lauren Carasik Mar 2014

Human Rights For Thee But Not For Me, Lauren Carasik

Media Presence

No abstract provided.


Supreme Court Ruling Shields Corporations From Accountability, Lauren Carasik Feb 2014

Supreme Court Ruling Shields Corporations From Accountability, Lauren Carasik

Media Presence

No abstract provided.